Paid for parking but still being fined (Britannia Parking)

McMo77

On 6th April this year, my partner and I went to Flamborough Head for the day.  Upon arriving at Flamborough Head Car Park, we paid for parking via the app that they told us to use at the car park information signs.  We received a receipt (please see attached).

However, on the 11th of April we were issued with a parking charge notice from Britannia Parking, claiming they hadn't received payment from me for parking in their car park.

I replied with the evidence (receipt of parking), saying we had paid for three hours.

On 17th May I received a rejection of my appeal.  They claim that, 'The Parking Charge Notice was issued to your vehicle because you failed to purchase a ticket for the correct provider'.  Nowhere at the car park was this made clear, otherwise we would have paid Britannia Parking for parking, as we believed we already had.  

How would you advise we proceed?  I'm happy to go to court, as what judge would think it fair that we pay a fine for parking when we had paid for parking, just not how Britannia Parking would have liked.  To repeat - there is no sign that tells you you have to pay differently than using the app.  You're told to use the app on the parking signs.

[Image removed by Forum Team]

Gr1pr

That picture is council, not Britannia , so it seems that someone incorrectly paid the council, not correctly paying Britannia 

Have a read of this recent Flamborough case, it may help

https://forums.moneysavingexpert.com/discussion/6524777/private-land-carparking-ticket-flamborough-head-yorkshire/p1

Coupon-mad

You paid for the wrong location? Read a Council sign on the road.  Or there's a Council car park right next to the Britannia one.

Just ignore them, unless you can get evidence photos showing how close the signs are and that two car parks are not properly delineated.

That would possibly win at POPLA. You'd need good (dated) photo evidence.

No paying.

McMo77

Thank you for your feedback, just to add...At the car park, the signs tell you to 'Pay via app'.  The app is called MIPERMIT, and the following options are available to choose (see attached photo):

702017 - Flagship House Car Park, Fleet
743033 - Flamborough Head Car Park, Flamborough
743034 - Flamborough Head Coach Park, Flamborough
743024 - Flamborough Road Car Park, Bridlington
720507 - Flat Iron Short Stay Car Park, Chorley

We chose '743033 - Flamborough Head Car Park, Flamborough' as that best described where we were situated.  

The rejection of appeal letter states that:

'The Parking Charge Notice was issued to your vehicle because you failed to purchase a ticket for

the correct provider. It is the driver’s responsibility to ensure that they have read and understood

the terms and conditions for using the car park each day, as changes can occur at any time

(changes to parking terms, areas, times and tariffs).

Payments made to a different company, not operating for or through Britannia Parking Ltd cannot

be accepted. Britannia Parking therefore cannot be held liable for any misinformation provided by

Non-Britannia Parking information source.

The information of how to make payments is given on our signage at this site with the telephone

number and the site location for payment via the phone is stated. Britannia cannot be held

responsible for payments made via a different platform, which is not operated by Britannia or

confirmed as being accepted.'

If there were signs that told you pay differently, ie separate to the MIPERMIT app and unique to Britannia Parking, they were not clearly visible and/or delineated from the 'Pay via app' signs.

I am considering appealing to POPLA, with this further info, do you think it's worth doing so...?

Thank you for your time.

Tom.

LDast

I'm dealing with an almost identical PCN for the same location. Whilst I haven't seen the NtK from this one as it has obviously been removed, the NtK on the one I'm handling had cropped/altered photos. There is no time stamp on them which is a reach of the BA CoP 21.5a and has won previously at POPLA.

Coupon-mad

Only try POPLA if you understand and know it's not independent and if you lose, you don't pay. 

McMo77

Coupon-mad said:

Only try POPLA if you understand and know it's not independent and if you lose, you don't pay. 

Do you mean I won't have to pay this parking charge even if I lose through an appeal to POPLA?

Gr1pr

She meant that the loss of an appeal is not binding on you the apellant , there is no legal duty to pay 

The only time you have to pay is if a judge says so

Coupon-mad

McMo77 said:

Coupon-mad said:

Only try POPLA if you understand and know it's not independent and if you lose, you don't pay. 

Do you mean I won't have to pay this parking charge even if I lose through an appeal to POPLA?

Of course not.