£100 PCN for taking longer than 10 minutes to pay.

Lemur2000

Good Morning All
I have already opposed this fine with 'Civil Enforcement' and been rejected by 'POPLA' as well. But still oppose this fine. I paid for 24 hours parking, but took longer than 10 minutes to pay for it. This was because i normally use the 'Phone and Pay' App. I parked up and on this occasion the App was not working. I tried several times and still not working. So i went down to the machines to pay but noticed on the sign that the App had changed to 'RingGo' hence why the previous App was not working. I went back to my van and downloaded the App and registered......the whole process according to the cameras took me 23 minutes from entry to paying. Is there anything i can still do to refute this because i feel that this fine is unjust and i do not want to give them the pleasure of ripping people off. The best of regards. 

Umkomaas

Ignore everything for now until you receive a Letter of Claim and/or a Court Claim Form via the Northampton CNBC. Come back then - we'll help you defend this and you can get it in front of an impartial judge who will deal with this more fairly than either CEL or POPLA. 

Coupon-mad

When was the incident and when was the POPLA decision? 

Please show us the POPLA decision.

Lemur2000

Umkomaas said:

Ignore everything for now until you receive a Letter of Claim and/or a Court Claim Form via the Northampton CNBC. Come back then - we'll help you defend this and you can get it in front of an impartial judge who will deal with this more fairly than either CEL or POPLA. Umkomaas said:

Excellent, thanks ever so much Umkomaas for you comment. This has given me hope. I will continue the thread once i receive either the Letter of Claim and/or Court Claim Form. I was wondering if the letter attached is the Letter of Claim ?   The very best of regards 

[Image removed by Forum Team]

Lemur2000

Coupon-mad said:

When was the incident and when was the POPLA decision? 

Please show us the POPLA decision.

Thanks for your Reply Coupon-Mad, very much appreciated. The date of the Incident was the 26/11/24. The Date of the POPLA decision was 01/05/25. Find attached the POPLA decision. It is long and in three parts.

Coupon-mad

Lemur2000 said:

Coupon-mad said:

When was the incident and when was the POPLA decision? 

Please show us the POPLA decision.

Thanks for your Reply Coupon-Mad, very much appreciated. The date of the Incident was the 26/11/24. The Date of the POPLA decision was 01/05/25. Find attached the POPLA decision. It is long and in three parts

OK, so complain to POPLA that the Assessor has not even paid lip service to the UK wide ban on the '5 minute rule'. He has neither considered that ban nor mentioned it, so this is a procedural error. The BPA and IPC both publicly promised in the national press and on TV that PCNs issued prior to Feb 2025 WOULD be cancelled on appeal to POPLA or the IAS because the term was unfair in law.

Umkomaas

Having paid for 24 hours of parking (and not consumed it in full before leaving), the only interpretation of the 'PCN parking charge' is that it is in the nature of a penalty, not something a private organisation can impose. A judge will understand that. 

By extension, should you be going to fall foul of the '10 minute rule', then just simply save your money on the fee for actual parking, cos, it's gonna be £100 in total for one or both 'contraventions'. Better being hung for a sheep than a lamb!

Lemur2000

Umkomaas said:

Having paid for 24 hours of parking (and not consumed it in full before leaving), the only interpretation of the 'PCN parking charge' is that it is in the nature of a penalty, not something a private organisation can impose. A judge will understand that. 

By extension, should you be going to fall foul of the '10 minute rule', then just simply save your money on the fee for actual parking, cos, it's gonna be £100 in total for one or both 'contraventions'. Better being hung for a sheep than a lamb!

Umkomaas said:

Having paid for 24 hours of parking (and not consumed it in full before leaving), the only interpretation of the 'PCN parking charge' is that it is in the nature of a penalty, not something a private organisation can impose. A judge will understand that. 

By extension, should you be going to fall foul of the '10 minute rule', then just simply save your money on the fee for actual parking, cos, it's gonna be £100 in total for one or both 'contraventions'. Better being hung for a sheep than a lamb!

Thanks for the response Umkomaas..........apologies but i don't understand your second paragraph means exactly......as follows 'By extension, should you be going to fall foul of the '10 minute rule', then just simply save your money on the fee for actual parking, cos, it's gonna be £100 in total for one or both 'contraventions'. Better being hung for a sheep than a lamb' !     Could you re-word it please......and thanks again Umkomaas

Umkomaas

If you know you have taken longer than 10 mins to get to the point of paying for your daily parking tariff (and will therefore incur a £100 PCN), why bother paying the parking tariff as the PPC cannot issue 2 PCNs - one for missing the pay-in-10 minutes requirement and one for not paying the tariff. Not that this forum condones 'bilking' (not paying the tariff), but once the £100 is incurred, paying the tariff - as you have found out - makes no difference.

Lemur2000

Brilliant Thanks Coupon-Mad......i will phone and complain to POPLA right now.....cheers

Coupon-mad said:

Lemur2000 said:

Coupon-mad said:

When was the incident and when was the POPLA decision? 

Please show us the POPLA decision.

Thanks for your Reply Coupon-Mad, very much appreciated. The date of the Incident was the 26/11/24. The Date of the POPLA decision was 01/05/25. Find attached the POPLA decision. It is long and in three parts

OK, so complain to POPLA that the Assessor has not even paid lip service to the UK wide ban on the '5 minute rule'. He has neither considered that ban nor mentioned it, so this is a procedural error. The BPA and IPC both publicly promised in the national press and on TV that PCNs issued prior to Feb 2025 WOULD be cancelled on appeal to POPLA or the IAS because the term was unfair in law.

Brilliant Thanks Coupon-Mad......i will phone and complain to POPLA right now.....cheers

Brilliant Thanks Coupon-Mad......i will phone and complain to POPLA right now.....cheers

Umkomaas

Lemur2000 said:

Brilliant Thanks Coupon-Mad......i will phone and complain to POPLA right now.....cheers

Coupon-mad said:

Lemur2000 said:

Coupon-mad said:

When was the incident and when was the POPLA decision? 

Please show us the POPLA decision.

Thanks for your Reply Coupon-Mad, very much appreciated. The date of the Incident was the 26/11/24. The Date of the POPLA decision was 01/05/25. Find attached the POPLA decision. It is long and in three parts

OK, so complain to POPLA that the Assessor has not even paid lip service to the UK wide ban on the '5 minute rule'. He has neither considered that ban nor mentioned it, so this is a procedural error. The BPA and IPC both publicly promised in the national press and on TV that PCNs issued prior to Feb 2025 WOULD be cancelled on appeal to POPLA or the IAS because the term was unfair in law.

Brilliant Thanks Coupon-Mad......i will phone and complain to POPLA right now.....cheers

Brilliant Thanks Coupon-Mad......i will phone and complain to POPLA right now.....cheers

A phone call won't work. It must be done in writing. 'Dear Sirs/Yours faithfully', not text-speak 'Hi/Kind regards'!