Pay & Display Website Error

husstler

A couple months ago, I went to a Luton car park to watch a movie and as I left the car, I made a note of how to pay the parking ticket for once I'm back. They had no physical machines and did all payments online. As I made my way back to the car, I went online to pay the parking, reached the checkout and got a confirmation on the payment transaction screen. Before I paid, the website did ask for my number and/or my email which I gave but received no "Parking Paid" text or email so I just assumed this car park didn't do confirmations. Fast forward a month later, I get a PCN from GROUPNEXUS. I was 100% adamant that I paid the ticket and checked my transactions to get evidence for the appeal but instead I could not find it. I sieved through them all and it was not there. I was shocked as I could swear I 100% paid the parking and it's not like me to not pay either. I searched through my Safari history as I was sure it was there and lo and behold, there is a screenshot of me going to the website and being on the checkout page. The only thing I'm a bit bothered about is during the checkout screen, the confirmation came from the bank screen that usually shows up when you pay by card and the website itself didn't refresh to a confirmation therefore there's only a checkout page on my history. Is this strong enough to appeal/win in court with. I already appealed on the NEXUS website but the response I got was the standard response which had nothing to do with anything I said.

P.S No POPLA code was given with the appeal rejection email.

Nellymoser

P.S No POPLA code was given with the appeal rejection email.

Email Nexus a complaint say you will report them to BPA if no POPLA code is given (CoP breach).
Find link to their complaints policy on BPA Approved Operators list (CP Plus Limited t/as Group Nexus).

Coupon-mad

Are you sure there is no page 2 to the reply?

husstler

UPDATE: they have no given me a POPLA number so I am going to try appeal to POPLA. 

ChirpyChicken

husstler said:

UPDATE: they have no given me a POPLA number so I am going to try appeal to POPLA. 

They have or they havent ?
Unlike them
If they havent email them asking for it

Car1980

UPDATE: they have now given me a POPLA number so I am going to try appeal to POPLA. 

Suspect we were just missing the w 

husstler

Yes sorry, I apologise. I just missed the "w". Anyone have any advice on what to write for the appeal. This is my first time.

husstler

I'm unsure on what argument to use for my POPLA argument. I'm not sure if I go along with the website error or along with the No keeper liability under the Protection of Freedoms Act 2012.

Coupon-mad

What do you need to know that's not covered in the POPLA section of the NEWBIES thread?

husstler

I want to know if you believe my ntk letters are pofa compliant or not. I've tried doing my own research on the gov website of the freedoms act 2012 and I think I have a good idea of it. 

paragraph 9. f) (i)&(ii) state that the ntk must warn the keeper that if after 28 days, beginning from the date of issue, the amount of the parking charge is uncovered AND the creditor doesnt know the name and address of the driver that only then will the creditor be able to recover funds from the keeper instead. in the ntk, it states "If you were not the driver, then let us know their name and address and we will send them this charge. if the vehicle was hired, please provide a signed document confirming the hirer's name and address and a copy of the hire agreement. You have 28 days to pay £100 or we will accept £60 if it is paid within 14 days. If you don't pay within 28 days, we may ask a debt recovery agent to collect it on our behalf and you will have to pay additional fees to cover the debt recovery administration costs." No where on that ntk does it say "We have the right to recover funds from the keeper if the charge is unpaid and the driver address and name is unknown", right? That's what i inferred anyways

Coupon-mad

But you just need to compare yours to the NTK pictures thread. It's linked in post 1 of the NEWBIES thread.