CUP enforcement rejected appeal

Helpme091

Hi everyone, 

I appealed to CUP enforcement before I discovered the newbies thread and mistakenly mentioned myself as the driver of the vehicle in my appeal. I only stopped as I just got into an accident and had to stop nearby to assess the damage. I’m a pretty new driver and it’s my first time getting a Parking charge. 

I received the PCN 1.5 months after the contravention which I now know is outside of POPLA guidelines. I’m wondering do I still have grounds to appeal to POPLA despite outing myself as the driver in my initial appeal to cup enforcement? They’ve reduced it down to £20 but I’m at wits end whether I should just pay it or appeal it again. 

I have attached photos below of the parking sinage at the site and the rejection response from my initial appeal. 

kryten3000

A pity you outed yourself, but too late now.  How long were you in the car park for?  Have you tried approaching the landowner/shop manager to complain and request cancellation?

The pragmatic thing to do would be pay £20 in "full and final settlement" and chalk it up as a lesson learned, but CUPS don't deserve your money.

A POPLA outcome is not binding on you, so you can appeal to POPLA and then ignore the result if it goes against you.  CUPS will likely pass the case on to DCBL then DCB Legal who might start a court claim, but they also tend to discontinue claims that are defended.   You can see the growing list of discontinued claims that we record on another thread: 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Gr1pr

Its Pofa guidelines,  not popla 

As an outed driver , you wouldn't get Pofa protection,  so not an appeal point,  but sometimes there are other appeal points 

What were the circumstances of the incident,  if the vehicle was not authorised   ?  How long was it on site ?  Etc

Frankly,  I am surprised that they offered the £20 option,  seems like an olive branch to me, an unusual concession 

Helpme091

Thanks for your response! 

I’ve tried googling it but couldn’t find any contact details of the owners of the shops and didn’t know any other way to approach it. 

I was parked for around 20 minutes but I was right next to my vehicle. I guess that would probably reduced my chances of my POPLA appeal getting accepted? Tomorrow’s the last date for the reduced payment and it seems like I should probably just pay it even though I know they don’t deserve my money. 

Helpme091

Gr1pr said:

Its Pofa guidelines,  not popla 

As an outed driver , you wouldn't get Pofa protection,  so not an appeal point,  but sometimes there are other appeal points 

What were the circumstances of the incident,  if the vehicle was not authorised   ?  How long was it on site ?  Etc

Frankly,  I am surprised that they offered the £20 option,  seems like an olive branch to me, an unusual concession 

My bad, still getting used to the lingo! 

The circumstances for the incident was ‘unauthorised parking not on whitelist’ and I was parked for around 20 minutes. 

I wasn’t sure if they offered the £20 thing to everyone but it seems not!

Gr1pr

In future,  stay on public roads,  not private property,  especially if you weren't a customer of that business 

Popla will likely reject any appeal,  leaving you with a £100 bill and possibly a future court claim 

If you were my grandson or granddaughter,  I would advise you to pay the £20 and avoid private property in future 

But that is my personal opinion,  others here may disagree   ( but I am still amazed that they took pity on you by offering the £20 settlement figure   )

Le_Kirk

if I read your OP correctly, there was an accident (a small vicissitude) and you stopped as required by law to assess damage and exchange details with the other motorist.  This could come under Jopson v Homeguard where the judge said stopping to attend to a small vicissitude was not parking.  Could you go back to Cakes & Bakes (parking elsewhere of course) and ask them to have it cancelled?