Rejected car parking appeal - What now?

mazza_c

I received a parking fine in Leeds (Rose Bowl) just before Christmas. The machine wasn't working and there was a sign on it saying to pay by the app. My method of payment was Google pay as I didn't have my cards or my wallet with me.

So I downloaded the app, entered the car information and went to pay. The app then said I had to register which I then did. It then made me enter my car details again which I did and then it ask for a credit card to pay. It was then that I realised that the app didn't allow Google pay and I didn't know my credit card number.

So at this point I had no way to pay so gave up and left the car park and went and parked elsewhere.

I then received a parking charge notice from CPP saying I hadn't paid and had been in the car park for 12 minutes. I immediately appealed this with them stating that I hadn't been able to pay. They rejected this appeal so then I appealed to POPLA. They also rejected my appeal but said although they empathised with me, they didn't have the remit to reject the appeal as the ticket had been issued correctly.

So my question now is … what next? Do I go to court over this? Have I a realistic chance of winning this case? The whole charge seems unfair to me and it leaves a sour taste if I do have to pay it.

Any advice here would be great. Thanks in advance.

Gr1pr

1 ignore the powerless debt collectors letters stage

2 respond to any formal Letter of Claim giving you 30 days notice

3 respond to any future Money Claim pack from the CNBC in Northampton using MCOL

4 do not assume that it will actually proceed to a court hearing

5 Do not pay unless a court orders it

mazza_c

Thank you Gr1pr

cooldude255220

Can you post a copy of the appeal and POPLA's response please?

mazza_c

This is the rejection of the appeal

Decision Unsuccessful

Assessor Name [Removed by Forum Team]

Assessor summary of operator case

The parking operator issued the parking charge notice (PCN) for either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted.

Assessor summary of your case

The appellant raised the following points from their grounds of appeal: • They attempted to pay at the machine, but it stated they had to pay via the app. • They attempted to use the app, but the app needed a card number, but the appellant only had google pay. • They were only on site for 12 minutes and during this time they downloaded the app, registered and attempted to pay for parking. • As soon as they discovered they couldn’t pay they left the site. • They wish for the PCN to be cancelled. The appellant reiterates their appeal within the motorist comment.

Assessor supporting rational for decision

When assessing an appeal, POPLA considers if the parking operator issued the parking charge notice correctly and if the driver complied with the terms and conditions for the use of the car park on the day. The parking operator provided evidence of the signs on the car park, which advise that a £100 PCN will be issued to drivers who fail to pay the correct tariff. I appreciate they attempted to pay at the machine, but the machine stated they needed to use the app. The app needed a card number, but the appellant only had google pay. As soon as they discovered they couldn't pay they left the site. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 5.1 of the Single Code of Practice states that parking operators must allow a consideration period of appropriate duration, subject to the requirements set out in Annex B to allow a driver time to decide whether or not to park. In this case the appellant exceeded the 5-minute consideration period by a further 7 minutes. I do empathise that the appellant wants the PCN cancelled. POPLA is an appeals service only. Our role is to assess whether a Parking Charge Notice has been issued correctly based on the evidence provide by both parties. It is simply not within our remit to allow an appeal which the motorist breached the parking condition. For further support you may wish to speak with Citizens Advice on 03444 111 444. Whilst I note the appellant has raised comments to POPLA after reviewing the operator’s case file, the comments reiterate the initial grounds raised and I have addressed those within my report. Therefore, the comments do not require any further consideration. After considering the evidence from both parties, the motorist did not purchase the appropriate parking time or remained at the site for longer than permitted and therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal. POPLA is not involved with the financial aspect of the parking charge. For any queries regarding payments, the appellant will need to contact the parking operator directly.

James_Poisson

Utter codswallop the "consideration period" is a minimum not a maximum, and the appeals system is a sham.

Coupon-mad

Terrible decision! 5 minutes is irrelevant.

Yet the BPA say that POPLA will allow appeals where the appellant spent the whole time trying to pay, then left and parked elsewhere, having gained no amenity from the car park. I've been told that as a fact. Clearly this Assessor hasn't been trained properly.

Ignore it. You'll never have to pay.

Tell the PPC if you move address.

Open all letters promptly.

Ignore the £170 threatograms and please don't show us. These are already in pictures in the 4th post of the NEWBIES FAQS thread.

Come back here if you get a Claim Form. There is no risk and that is the 'end game' that you want.