Parking fee returned and now I have a fine

Notmyrealname51

I really should have come here sooner, but my situation seemed so simple. I parked in an NCP car park and paid the charge. However the machine did not issue a receipt. I was annoyed as I could have claimed the parking back, and as I stood by the machine two NCP staff drove in and asked if I was ok. I explained and was able to show them the pending payment on my online banking. They told me not to worry but that the machine wouldn’t reissue. I left and went to my meeting. As I lefti saw the two staff had opened the machine where I had paid.
 When I received the pcn weeks later I looked on my bank and realised the payment had disappeared. I contacted the bank who told me that NCP had rejected the payment 4 mins after I made it. They gave me transaction tracking numbers which I sent to NCP. NCP offered a goodwill reduction to £20, but this was more than double and didn’t seem fair, so I went to POPLA, who found against me, even though the NCP evidence did not include speaking with the staff who told me not to worry, and included a list of transactions, the first of which is timed after the time my bank told me I had paid. My bank said they couldn’t give me the evidence but would cooperate with an ombudsman or authority, but POPLA declined to check with them. POPLA concluded that I should have paid as the signage was clear, but don’t seem to acknowledge that I had paid, and couldn’t have known the payment would be returned.
I now have a debt recovery letter and I’m afraid I didn’t read this forum in time, so I did ring them in order to tell them I want to go to court - they were quite unpleasant and told me I couldn’t make any representation against a CCJ and that I would lose as the judge would side with POPLA. I hope I haven’t blown it by contacting the debt recovery people. I left it with them that I would seek further advice. I’m not sure what I should do now.

h2g2

I certainly think this one is worth taking to court. You have proof from your bank that you had paid and the payment was, for some reason, rejected.

Your line of defence (if and when it comes to that) would be you upheld your end of the contract. If NCP rejected the payment that is their business.

It probably is worthwhile pushing the bank to provide you with evidence that you did pay. Especially if you get a letter before action. I'm not really sure what processes you'd follow for that, though.

One thing I am quite concerned about is this:

Notmyrealname51 said:

I now have a debt recovery letter and I’m afraid I didn’t read this forum in time, so I did ring them in order to tell them I want to go to court - they were quite unpleasant and told me I couldn’t make any representation against a CCJ and that I would lose as the judge would side with POPLA.

Which debt recovery company? This feels like a very underhanded thing to do. If they recorded the call, it may be worth making a SAR for a copy of the recording and - if your memory of the call is accurate - make a complaint towards a relevant authority about intimidatory tactics.

Notmyrealname51

They are called trace. They did record the call.

Coupon-mad

"I now have a debt recovery letter and I’m afraid I didn’t read this forum in time, so I did ring them in order to tell them I want to go to court - they were quite unpleasant and told me I couldn’t make any representation against a CCJ and that I would lose as the judge would side with POPLA."

They lied.

A judge would side with you.

And how DARE they pretend you can just "get a CCJ" and can't defend against a claim! Who said that?

Now start ignoring the letters.

Come back to us ONLY if you get a Claim Form (Google it to see what it looks like).

To learn more and become confident, click on the words underneath the little red 'MSE link' in the small 'Parking Ticket Appeals' banner at the top of this page which leads to the MSE Guide to fight PCNs.

Same info is shown in both this forum and in that Guide, as regards the debt recovery letters being a futile stage and ignoring these demands being risk-free as long as you don't miss or ignore a Court Claim (easy to defend). Consistent advice here is easy to find and not just from random strangers. The MSE Guide is official 'Martin Lewis backed' advice.

Which DRA lied to you?

DCB Ltd? DR Plus? ZZPS?

Ignore them. But tell us who lied and put it on the DRA's Trustpilot right now, to warn other victims and to tell people to post here!

Go on. Fight back and help others. Give the public a link to the MSE Guide on the DRA's TrustPilot page. We should all do this and bombard them with links to here.

  

Notmyrealname51

And thank you - I will make the SAR and contact my bank again. Otherwise do I just wait now?

Coupon-mad

Notmyrealname51 said:

And thank you - I will make the SAR and contact my bank again. Otherwise do I just wait now?

No. We are waiting for this answer:

"Which DRA lied to you?

DCB Ltd? DR Plus? ZZPS?"

Notmyrealname51

The DRA is called trace. They are in Northampton. Tina on the phone was quite clear that POPLA was set up to prevent cases going to court and that I couldn’t fight it. 

James_Poisson

Notmyrealname51 said:

The DRA is called trace. They are in Northampton. Tina on the phone was quite clear that POPLA was set up to prevent cases going to court and that I couldn’t fight it. 

Like all Debt Recovery dimwits she's telling lies to get her bonus, never ever phone a debt recovery company or a parking company!

Notmyrealname51

James_Poisson said:

Notmyrealname51 said:

The DRA is called trace. They are in Northampton. Tina on the phone was quite clear that POPLA was set up to prevent cases going to court and that I couldn’t fight it. 

Like all Debt Recovery dimwits she's telling lies to get her bonus, never ever phone a debt recovery company or a parking company!

Lesson learned!

h2g2

Notmyrealname51 said:

The DRA is called trace. They are in Northampton. Tina on the phone was quite clear that POPLA was set up to prevent cases going to court and that I couldn’t fight it. 

Definitely make a subject access request for that recording. I think that's likely worth a formal complaint and, if they don't sort themselves out, a referral to the FOS.

Coupon-mad

h2g2 said:

Notmyrealname51 said:

The DRA is called trace. They are in Northampton. Tina on the phone was quite clear that POPLA was set up to prevent cases going to court and that I couldn’t fight it. 

Definitely make a subject access request for that recording. I think that's likely worth a formal complaint and, if they don't sort themselves out, a referral to the FOS.

Good idea and please send me the recording if you get it (redact your name/data at the start) because I'd like to hear it and show it to the Government asap, while I have their ear.

Tina at Trace lied to you.

The truth is that Judges/Courts take no notice whatsoever of the BPA's POPLA. It is quite literally meaningless. Judges can see right through the parking industry.

I am also concerned that she gave you the impression that you will "just get a CCJ" which is utter codswallop.