Appeal to POPLA rejected

knrumble

Hi @Coupon-mad/everyone,
I have no doubt you have seen this all before....i received a parking charge notice from Premier Park LTD, following a keying error, back in July. 
I typed GL instead of YL otherwise the rest of the index was correct. (my other car begins G) I paid for the parking, didn't over stay and parked as per the rules and regulations. I received a parking charge notice and subsequently appealed as i was able to prove that i had paid for parking. The parking company, graciously reduced the charge from £100 to £20. Obviously, i declined to pay this reduced fee as i paid for the parking. My appeal was rejected and so i appealed to POPLA. That too, has been rejected. This is on the basis that the keying is deemed to be major rather than minor -  a matter i dispute. They also suggested i was introducing new grounds by stating that the evidence provided by the premier park showed that they had an opportunity to carry out a fuzzy search on my vehicle which clearly they hadn't done, simply because they would have found my index and been able to conclude i had indeed paid. I had indicated in my initial appeal that Premier Park LTD could have linked the index keyed with the ANPR image of my vehicle. It wasn't a busy car park!!

I have complained regarding POPLAs decision and contested this procedural issue. I have no doubt that it will the decision will be upheld. 

I am quite prepared to go to court and defend myself in this matter and despite expecting this outcome, i am still absolutely disgusted by it. 

I have seen the post regarding ignoring the subsequent threatening mail demanding payment and also preparing a defence for court.

What i am considering is to use the proforma defence to send in a letter to Premier Park indicating i am not prepared to pay the charge, that i don't recognise POPLAs decision or authority in this matter and i am prepared to go to court based on the defence provided.
Is this worth doing in the hope that premier park will see this a fruitless exercise to take me to court or will they dismiss this out of hand? and, am i simply providing them with the grounds of my defence even before getting to court. 

knrumble

@Coupon-mad

Gr1pr

You are forewarning them, plus its fruitless, I wouldn't bother 

Just follow the process, based on your details, the de minimis arguments, a minor keying error, at the appropriate time 

Devongardener

I had a similar experience after mistyping of my reg number, but when I checked on DVLA I found that there was no existing vehicle with the reg number I had entered.   I used this as my appeal to the council and the charge was dropped, as it proved no car with that reg could have parked.
It might be worth checking your wrong number, it could be part of your defence.

LDast

Devongardener said:

I had a similar experience after mistyping of my reg number, but when I checked on DVLA I found that there was no existing vehicle with the reg number I had entered.   I used this as my appeal to the council and the charge was dropped, as it proved no car with that reg could have parked.
It might be worth checking your wrong number, it could be part of your defence.

Unfortunately, you assume that you are dealing with normal people. The intellectual malnourishment is pervasive and your point would lost in their salivating expectation that they are going to enrich themselves over this.

fisherjim

Premier Park are hiding behind the BPA's COP regarding minor keying errors they offered you a £20 pay up and shut up compromise based on this and you rejected it, POPLA what ever their misguided reply states have sided with the PPC you have hit a brick wall on that.

You will get no where with your present arguments as Gr1pr and LDast have told you, you are in ignore mode until a possible court claim is lodged and a more balanced judgement can prevail or it will be dropped at the eleventh hour.

As for the comparison with a council ticket it won't wash either at this stage these are greedy dimwitted scammers.

knrumble

Thanks for advice everyone. Unfortunately I was expecting this outcome so I will await the usual bullying letters and the inevitable court case. 

knrumble

**UPDATE** 
I have managed to trace the contact details of the landowner for the car park, through the evidence pack supplied by Premier Park. I have described the tale of woe to them and hankfully they are in agreement with me, and have really been quite efficient in helping me out. 

In the space of a few hours, they have contacted Premier Park to cancel the PNC which they have agreed to do.

This is good news, however, Premier Park are saying they can’t cancel the PNC yet, as I have raised an appeal with POPLA. This, I find hard to believe as surely they can withdraw the charge at any time in the proceedings?? They have stated that to cancel the ticket I have to withdraw my appeal. 

I find this suspicious (maybe that’s just my natural cynicism) but anyway, my appeal with POPLA was finalised last week and as I mention above, I was unsuccessful with that. 

I am awaiting confirmation of Premier Park withdrawing the charge but hopefully this will be the end of this saga.

Gr1pr

That is why plan A is the first task, not the third task

KeithP

They want you to withdraw your PoPLA appeal as otherwise they will have to pay a fee to PoPLA.

Just send an email to PoPLA and the matter should all be over quite quickly.

knrumble

@KeithP
they may be disappointed then as the POPLA appeal has been finalised already. Hopefully they won’t go back on their decision to repeal the charge.