Is there any way to just pay the parking charge, not the pcn?

Nomad_Stan

Coupon-mad said:

Don't include the ANPR point.  Not sure why you are bothering with POPLA though.  It'll lose.  You won't be paying so why bother?

Have you exhausted landowner complaint?

According to the land registry, the company who owns the land is an  'Eagle crest (consett) limited.' My google searches are coming up with very little in way of getting in contact with them.  As for the company whom maintain and look after the Victoria centre I'm still chasing my tail, nobody seems to know.

I thought the next step was POPLA? 

Nomad_Stan

KeithP said:

You haven't checked all those links, have you?
There is definitely at least one that doesn't produce the desired result.

Ahhh ye, the ebay link. I can easily amend that, just seemingly lost in limbo right now. My brain is frazzled with reading the forum,

Coupon-mad

Nomad_Stan said:

KeithP said:

You haven't checked all those links, have you?
There is definitely at least one that doesn't produce the desired result.

Ahhh ye, the ebay link. I can easily amend that, just seemingly lost in limbo right now. My brain is frazzled with reading the forum,

Either try POPLA and ignore it if you lose, or don't try POPLA and ignore it from now.

Either way you won't be paying it.

Nomad_Stan

Ignore it? Sorry I'm just overly stressed with this, I'm currently in and out of hospital and broke. I just want these vultures to be gone from my life right now.

Coupon-mad

That only happens if you complain to the landowner and they get it cancelled for you.

Of course ignore them if you lose at POPLA.

Nomad_Stan

But it says in your signature not to ignore them. Am I missing something here?

Umkomaas

Nomad_Stan said:

But it says in your signature not to ignore them. Am I missing something here?

Don't ignore the initial PCN. Beyond that, depends on the stage you get to. If you've got a POPLA code, you've not ignored the initial advice.  Follow what @Coupon-mad tells you in her subsequent advice on the thread. 

ParkingMad

This news article is quite old but the Victoria Centre might still be owned by Ambassador Holdings and managed by Jones Lang LaSalle.

https://www.thenorthernecho.co.uk/news/4722589.MP_slams_car_park_fine_system/

troublemaker22

In the OP's shoes I'd appeal to POPLA. A win at POPLA forces the operator to cancel the charge but a loss at POPLA is not binding on the motorist.

I respectfully disagree with the contributor who characterised this as a POFA fail case.  There's no requirement to use the word "creditor" so long as the meaning is correctly conveyed.  I'd concentrate on the failure to properly publicise the change in terms and conditions.  Section 19.10 of the BPA AOS Code of Practice will be key to the appeal:

19.10 Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.

19.3 will also be relevant:

19.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. (Emphasis added)

The photo of the two contradictory signs side by side should be included.

Be sure to finish with:

The operator has not demonstrated that it owns the land or is authorised by the landowner to issue and enforce parking charges and I reserve the right to expand on this in light of any evidence or arguments put forward by the operator.

Nomad_Stan

@troublemaker Thank you for your input, would you put more emphasis on signage or the fact that the car isn't even in one of the photos for the ANPR?