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Incorrectly issued PCN

Good evening,
I have been issued a PCN, for ‘abusing patron parking’. I was in a car park and went to a bensons for bed (which i didn’t buy anything), and hobbycraft which I only bought a few little things so have no receipt. The car park operator ‘witnessed me leaving the car park’ and there are photos of my car, in the car park.
Now I told the PCN company I wasn’t going to pay. They rejected my appeal and it’s gone to POPLA. Now I’m probably late writing this as I have already submitted my appeal. But I have no evidence I stayed in the car park, but they also have no evidence I left, because I didn’t… it’s now their word v mine. What do we expect to happen, and what can I do?
«1

Comments

  • Coupon-mad
    Coupon-mad Posts: 149,636 Forumite
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    You'll win.

    Just say there's no evidence that you left.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • No PPC has taken an ‘alleged left site’ case to court and won. They will try to bluff and pressure you into paying. Don’t.

    Have a look a their silly signs and see if there is a map of what constitutes ‘the site’. There won’t be one. They will therefore find it difficult to convince a judge you broke their terms and conditions.
  • fisherjim
    fisherjim Posts: 7,017 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 25 November 2023 at 7:03PM
    They are scamming idiots, a photo of your car in the car park only proves your car was in the car park, if they have no photographic evidence that you left and you say you never they lose.
    Only one of these cases ever went to court and the PPC was so frightened by the judge that no one has ever dared since.
    It will be easy peasy to rubbish their submissions to POPLA enjoy!
  • jp1233
    jp1233 Posts: 27 Forumite
    Fifth Anniversary 10 Posts
    So Ocean parking submitted their ‘evidence’. It’s laughable. 99 pages, 5 photos of my car, 64 photos of signs, our email correspondence. ‘The operative witnessed a male driver from the vehicle leave the site in the direction of Gloucester Quays Outlet. The appellant Ocean Parking, or POPLA any evidence to justify them failing to comply with the restrictions in place.’

    I have 10000 characters to respond to this. Come on then clever people!?
  • Johnersh
    Johnersh Posts: 1,528 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    The operative witnessed a male driver from the vehicle leave the site in the direction of Gloucester Quays Outlet
    This is NOT fact. Only the operative can make a statement as to what s/he saw. This is pure hearsay. Is the statement from a paralegal who has simply regurgitated information from the computer or the pleaded case?
    Hell that's not even a description. Are we really expected to believe that on a busy commercial site a parking operative followed the driver with the specific purpose of ensuring they left the site?  And how is that delineated?
  • Le_Kirk
    Le_Kirk Posts: 24,288 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 2 January 2024 at 11:19PM
    ........and if the "operative" was there, why did they simply not tap the person on the shoulder and say "oy chap, you cannot cross that (imaginary) line" so giving him a chance to return and move their car and take away a possibility of spending money on the premises!
  • Castle
    Castle Posts: 4,607 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    jp1233 said:
    So Ocean parking submitted their ‘evidence’. It’s laughable. 99 pages, 5 photos of my car, 64 photos of signs, our email correspondence. ‘The operative witnessed a male driver from the vehicle leave the site in the direction of Gloucester Quays Outlet. The appellant Ocean Parking, or POPLA any evidence to justify them failing to comply with the restrictions in place.’

    I have 10000 characters to respond to this. Come on then clever people!?
    So, no photo(s) of the driver then?
  • Hi there

    Interested to know how you got on with Ocean at Gloucester Quays. I'm about to go into battle with them. Thanks K
  • Fruitcake
    Fruitcake Posts: 59,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi there

    Interested to know how you got on with Ocean at Gloucester Quays. I'm about to go into battle with them. Thanks K
    If you need further help than that already given in the sticky Announcement for NEWBIES, then you should start your own thread by clicking on either this button,



    or this one,



    depending on how your page is being displayed.
    I married my cousin. I had to...
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  • jp1233
    jp1233 Posts: 27 Forumite
    Fifth Anniversary 10 Posts
    No news so far. Still awaiting any further response from POPLA. Will update when I know more. What’s the story with you. I did have another ticket the other day, for not having a disabled badge on display, while being parked in parent and child…. They cancelled that as a gesture of good will.
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