POPLA appeal refused after APCOA app failed

System · 17 April at 9:58AM

This discussion was created from comments split from: **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!.

Mountainsash72 · 17 April at 9:47AM

Wow, I have read a lot of the FAQs but still unsure where to go next re an unfair fine as the app failed. I have appealed through APCOA and POPLA. See Popla response below:

Decision
Unsuccessful
Assessor Name
Bethany Young
Assessor summary of operator case
The parking operator issued the parking charge notice (PCN) for use of a private car park without a valid payment/permit.

Assessor summary of your case
The appellant raised the following points from their grounds of appeal: • The APCOA app was faulty and did not take their payment as it should have. • They did not have time to pay for parking before getting on the train. • They followed the instructions on the signs to download the app and paid on the train. • Their mum selected the correct car park and paid the £4 fee. • Their mum contacted the bank to see why the payment was unsuccessful. • They are happy to pay the £4 fee. In support of their appeal, the appellant submitted the following: 1. A screenshot their text messages from APCOA. 2. A screenshot of their messages with the bank. This evidence has been considered in making my determination.

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 purchase a valid parking session, APCOA Connect session or valid parking permit. The parking operator has provided evidence of a system search to show that there was no payment made for the registration . I appreciate the appellant attempted to pay for their parking in good faith. The appellant has provided screenshots of the text messages with APCOA. This shows the four-digit verification code required to verify the account. It does not confirm whether a valid parking session was purchased for the correct vehicle. Whilst I appreciate the appellant has shown messages with the bank that confirm a transaction was made, I am not satisfied that this demonstrates a valid parking session was purchased. I cannot see the location or the vehicle registration paid for. The parking operator has provided a list of payments to demonstrate that the payment methods were working for other users. Therefore, I am unable to determine that there was a fault. POPLA’s remit does not have any authority over the parking operator’s internal process. If the appellant wishes to pursue any dispute regarding this matter, they will need to follow the parking operator’s complaints process found on its website. I note the appellant has offered to pay the £4 fee instead. As a breach of contract has occurred, this may not be an available option. For any queries regarding payments, the appellant will need to contact the parking operator directly because POPLA is not involved with the financial aspect of the parking charge. After considering the evidence from both parties, the motorist used a private car park without a valid payment 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.