Carflow PCN in disabled parking spot at Cambridge leisure

MP_209012

I got the 94% bit slightly wrong but only by a few digits. 
They replied via email... I'll screenshot it and attach. 
They sent me lovely photos of numerous signs, all by the entrance, in glorious sunshine but I went in the dark and couldn't see any when driving in as I was concentrating on the road. Once in the car park is pitch black and I couldn't read anything plus the machine was out of order with no signage saying as such I needed to pay via xyz...
I'm disabled and struggle to read high up signs anyway, ok not an excuse, but they're point blank refusing to listen. 
I've heard popla is a farce so advice on what to do next would be appreciated. 
Tia.

They're email ..

Thank you for contacting Carflow.

This car park is private land and Carflow has been engaged by the landowner to ensure that motorists pay the correct parking tariff.

You state "I was not aware that Blue Badge holders had to pay, never have I been charged parking when using my BB anywhere within Cambridge where I've lived for numerous years.

As a disabled person parking has always been free for myself and other BB holders in Cambridge”.

A blue badge does not entitle you to stay in the car park without paying the appropriate tariff. The British Parking Association's Code of Practice also states “Operators of off-street car parks do not have to recognise the Blue Badge scheme.” Please also find attached an extract from the Department of Transport leaflet: “The Blue Badge scheme: rights and responsibilities in England.” This explains that you should not assume that you can park for free in off-street car parks.

The signs at this car park also clearly outline the following:

“Tariffs apply to all motorists, including disabled badge holders."

You then state "I will also point out that the "payment" machine was covered up at the time in black plastic so not available to use had I realised I needed to pay”.

This car park has the option to pay by RingGo online or via telephone for your stay and this is clearly displayed across the signage at this site.

By entering and parking, the driver entered into a contract with Carflow Limited and agreed to the terms and conditions, which are displayed on the signs at the entrance and throughout the site. The full tariff must be paid prior to leaving the car park and the correct Vehicle Registration Number (VRN) entered. As a sufficient tariff was not paid, we must reject your appeal.

As a gesture of goodwill we are willing to extend the discounted payment period by 14 days from the date of this correspondence. Therefore, payment can still be made at the discounted rate of £60 until 01-Nov-24. Payment must be made within 28 days (by 15-Nov-24). If payment is delayed beyond 15-Nov-24, an administrative charge may be added for late payment and debt recovery or court action may be taken. Additional costs may also be incurred as a result of debt recovery or court action.

You have now reached the end of our internal appeals procedure and you now have two options; you can either pay or appeal to POPLA. You cannot do both. If you feel you have not been given a fair decision from Carflow you have the right to appeal to POPLA, the independent appeals service. Your POPLA appeal code can be found at the beginning of this correspondence. You must appeal to POPLA within 28 days of this rejection notice. The quickest and easiest way to submit your appeal to POPLA is online at www.popla.co.uk. If you appeal to POPLA, you will lose the opportunity to pay at the discounted rate. POPLA's latest annual report notes a 45% appeal success rate for motorists. In contrast Carflow maintains a 91% all-time success rate at POPLA.

We must inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their service. If you wish to appeal then you must do so to POPLA.

Payment Information

Carflow accepts payment by cheque and major UK credit and debit cards including Visa, Visa Debit, Mastercard and Maestro. We do not accept American Express.

Via the Internet

Please visit www.carflow.co.uk/pay-pcn. An e-mail receipt will be provided once payment has been made.

By Telephone

Please call 0330 223 4174 and follow the instructions. Calls cost no more than calls to geographic numbers (01 or 02) and are included in inclusive minutes and discount schemes in the same way. An option to have an SMS receipt provided is available once payment has been made.

By Post

Please make a cheque or postal order payable to Carflow Limited for the correct amount, quoting your PCN reference on the back and send it to:

Carflow Limited, PO Box 76433, London, EC1P 1BB.

If you are paying by post, the letter must be postmarked before the date the charge is due to be paid to avoid additional fees for late payment.

Kind regards,

Carflow Team

On 12 Oct 2024, 14:28 

Coupon-mad

Get some photos in the dark as evidence (not at dusk: pitch black photos) and take it to POPLA.

MP_209012

I intend to go back, not parking there though, and get more but I've already sent the one in my original post showing the machine in darkness all covered in plastic which Carflow dismissed.
Nowhere does it say pay via anything else IF the machine is out of order. 
I detest these blood suckers. 

MP_209012

I've read that Popla are severly biased towards the members of the BPA, think that's it's name, as they pay for it. 
If that fails what would you suggest?

KeithP

MP_209012 said:

I've read that Popla are severly biased towards the members of the BPA, think that's it's name, as they pay for it. 
If that fails what would you suggest?

If that fails then you will receive lots of debt collectors letters and possibly a court claim.

Why aren't you planning to win at PoPLA?

MP_209012

If hoping to win but I've read numerous reviews that say most don't as they're biased towards the car parking companies as they pay the running costs of Popla.
I'm expecting to fail as I don't really trust them to be impartial unfortunately.

Coupon-mad

Agreed.

Get evidence in the pitch dark.

What Carflow haven't said there, is how often they drop out and concede POPLA appeals where they think they'll lose.  It's all very well boasting of a 91% win rate but maybe that's because they concede some cases, to avoid losses.

Castle

Coupon-mad said:

Agreed.

Get evidence in the pitch dark.

What Carflow haven't said there, is how often they drop out and concede POPLA appeals where they think they'll lose.  It's all very well boasting of a 91% win rate but maybe that's because they concede some cases, to avoid losses.

For the year ended 31st December 2023 the figures for Carflow were:
Allowed                                18
Refused                             178
Not Contested                      46

Which makes a win rate for Carflow of 74%.  

D_P_Dance

Look at all the words on that sign.  Surely that cannot be a fair contract just to park a car?

Coupon-mad

MP_209012 said:

I've read that Popla are severely biased towards the members of the BPA, think that's it's name, as they pay for it. 
If that fails what would you suggest?

I think we should remind ourselves that this thread is only about the PCN received by @kwakman

There's a difference between commenting and sharing something for the benefit of the OP and taking over a thread.  You should start your own if you want advice about your PCN.