PCN by ECP despite efforts to pay (recorded video), 15 minutes

dockerComposeUp

Hi all

I have read the FAQ sticky and am aware of the usual template to send.

In my case it was a big storey ECP carpark with 4 floors.

Now, normally, when going to the cinema next door parking is free by entering car reg.

On this occasion the film we wanted to see was not available - this led to going back and having a wasted trip/

The driver has ADHD so momentarily forgot to consider it was different situations whereas for the past 10 visits parking would be free (due to cinema attendance) and hence this was the 'norm' psychologically speaking.

After driving off, the driver realised that  then immediately went back to the car park to try and make payment.

Despite this attempt, the ticket machine said there is no need to pay. This was attempted multiple times with an attempt video recorded.

Unfortunately, a PCN was then received around 1 week later NTK. The second visit to attempt honest payment likely counted as a new session altogether... but my argument is a good faith effort was made to pay and misleading message on the pay machine made the driver believe that no payment was required. 

Due to ADHD this was greatly influenced and also due to the habit of paying nothing by visiting the cinema making it a honest mistake.

Can I bring an appeal/argument based on it appearing unfair on the basis on CRA? The pay machine still said there was nothing to pay -> made the driver believe he/she was within the grace period.

They have counted 15 minutes for IMMEDIATE entry and exit of vehicle - correct me if wrong but the grace period is for actual parking and not time to park and drive out etc.  Can this be used as appeal argument?

Finally, the grace period in BPA code of practise says its a MINIMUM of 10 minutes grace period-> can one argue that for disabilities like ADHD it should be a few more minutes ? 

Should I still send the template from the sticky thread - if so, I think it would be best to tailor it for this situation? Can someone advise how best to word please?

Many thanks in advance

Car1980

To be honest, I think you're wasting your
time with any appeals. It'll be rejected and Popla will just say they don't take into account mitigating circumstances.

Since this is Euro Car Parks it'll culminate in a court claim via DCB Legal that they will then discontinue. So just think of it as appealing via the court system.

Unless the driver was not the Registered Keeper?

dockerComposeUp

Driver = Keeper but making sure they are not told that following being usual advice...

So If I keep pushing I will 'likely' be okay explaining circumstances as they will discontinue eventually? 

dockerComposeUp

Bump......

Le_Kirk

dockerComposeUp said:

Bump......

Did you miss the advice here: -
Today at 11:23AM <<<LINK

Car1980

So If I keep pushing I will 'likely' be okay explaining circumstances as they will discontinue eventually? 

Their business model is a court claim via DCB Legal followed by a discontinuation at the eleventh hour. It's a game of chicken. Look at the discontinuations thread.

The circumstances and are whether you owe the money or not are moot. It doesn't matter what your defence says because it will never go to a hearing. 

Coupon-mad

Does the PCN include both visits as if they were one parking event?  i.e. does it state the 'first in' time then the 'last out' time, but without recognising that the car left the premises and returned?  If so, you can win at POPLA.

dockerComposeUp

Le_Kirk said:

dockerComposeUp said:

Bump......

Did you miss the advice here: -
Today at 11:23AM <<<LINK

No. But like most people in my shoes having more than 1 response naturally helps. 

dockerComposeUp

Coupon-mad said:

Does the PCN include both visits as if they were one parking event?  i.e. does it state the 'first in' time then the 'last out' time, but without recognising that the car left the premises and returned?  If so, you can win at POPLA.

Entry time and exit is 15 minutes on e.g 1pm to 115pm. Then driver came back around 118pm to attempt to pay 

dockerComposeUp

Car1980 said:

So If I keep pushing I will 'likely' be okay explaining circumstances as they will discontinue eventually? 

Their business model is a court claim via DCB Legal followed by a discontinuation at the eleventh hour. It's a game of chicken. Look at the discontinuations thread.

The circumstances and are whether you owe the money or not are moot. It doesn't matter what your defence says because it will never go to a hearing. 

Thanks having a read now

dockerComposeUp

Car1980 said:

So If I keep pushing I will 'likely' be okay explaining circumstances as they will discontinue eventually? 

Their business model is a court claim via DCB Legal followed by a discontinuation at the eleventh hour. It's a game of chicken. Look at the discontinuations thread.

The circumstances and are whether you owe the money or not are moot. It doesn't matter what your defence says because it will never go to a hearing. 

Can you give a link to this thread. I can't see it as a sticky