Lost POPLA Appeal - Premier Park (Sippi App Glitch / EV Bay) - Next Steps?

pheydonj

Hi everyone,

I've unfortunately just had a POPLA appeal refused by an assessor who has dismissed a clear app/system failure as "subjective user error." I'm looking for independent advice on my next steps and whether to sit tight or pay.

The Context:

I parked in a third-party EV charging bay at a Marston's site.

I spent £32.49 charging the vehicle via Osprey (I have the receipt).

Within 11 minutes of arrival, I opened the Sippi app to register. The app gave a prominent green banner saying "Vehicle registration found." Because of this, I believed compliance was met. The mandatory "Start" button was hidden below the fold with no prompt to scroll.

Crucially, Premier Park's own evidence log admitted that their system recorded a session but "only authorised 15 minutes." I never selected or paid for a 15-minute session—this was a system error.

The Popla decision rationale

The appellant has provided a detailed account surrounding the parking event in question. For the purpose of my report, I have summarised the grounds raised into the points below. • The appellant had issues using the app for charging their vehicle and the failure to start the charging period is a result of a poor user interface • The BPA Code of Practice must allow a period for consideration In response to the operator evidence provided the appellant has stated: • The operators own evidence shows the app was faulty • BPA Code of Practice section failed as method of operation is not clear and transparent • Onsite signage is contradictory • The proof of landowner authority is heavily redacted and no proof authority extends to EV bays The appellant has provided 1. Proof of payment for EV charging 2. A screenshot showing appellant vehicle recognised After reviewing the operator’s evidence, the appellant has restated their points of appeal. All of the above has been considered in making my determination.

Assessor supporting rational for decision

When assessing an appeal POPLA considers if the operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. The operator has provided photographic evidence of the signage in place in the car park, which detail the terms and conditions of parking. The signs advise to register on the terminal for free parking. The motorist is also advised that failure to comply with the terms and conditions will result in a PCN being issued for £100.00. The operator has provided photographic evidence to show the onsite signage and payment system screen prints. The appellant has stated they had issues using the app they were instructed to download as the user interface was poor. They also comment the app said “vehicle found successfully” and assumed this meant the charging period had stared. User friendliness of an app is subjective and depends on the user. Nevertheless, its the responsibility of the driver to ensure all terms and conditions of use of the car park are adhered to and in this case the appellant has made an error in how when using the app. This is unfortunate and I accept it was unintentional. However, unintentional or not it remains the responsibility of the driver to ensure all terms and conditions of use of the car park are adhered to. Payment systems show 15 minutes were paid for and the time the appellant vehicle was onsite was 22 minutes in excess of this. POPLA assess appeals using the Single Code Of Practice and Section 5.1 of The Code says 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. Annex B says this is a minimum of 5 minute for sites like this. Consequently, you made payment after being onsite for 5 minutes having had an opportunity to read the terms and conditions of use of the site. By making the payment you accepted those terms and formed a contract to use the facilities offered. By staying longer than period paid the terms and conditions were breached and the PC was correctly issued. POPLA’s role is to assess if the operator has issued the charge in accordance with the conditions of the contract. As the terms and conditions of the car park have not been met, as parking time onsite was exceeded. I conclude that the operator has issued the parking charge correctly, and the appeal is refused.

My Question:

Given that I have absolute proof of being a high-spending paying customer for the EV utility, and the operator's own log proves a system anomaly (the 15-minute authorization), what is the current likelihood of Premier Park pushing this to a Letter Before Claim, or will it just be powerless debt collector letters? Should I ignore?

Jame4ters

Ignore the POPLA ruling and don’t pay or even be tempted to pay.

As per the “Newbies” threat you’ll probably start receiving some joke powerless letters so just wait for the LBC as you suggest

Coupon-mad

The Assessor was a guy, yes?

pheydonj

Any idea what the fine will go up to? I can't really afford more than £200 bit am so incensed but the unfairness of the charge I'm tempted to carry on at least until I get the LBC. Yes, the Assessor was a man.

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/82049665#Comment_82049665

They’ll try all sorts of rising silly amounts, but you will be paying them zilch if you follow advice and guidance here. You don’t have to pay them a bean unless a Judge instructs you to. Then, the maximum amount would be ~£212 (far less than the PPC will be asking for - they won’t get it!). The prospect of this resulting in a court hearing is extremely low, and then your defence would be so strong. Just keep coming back if you need to check anything out.

Le_Kirk

It's not a fine but a speculative invoice. It won't go up beyond £100 (or £170 if you add on their spurious £70 debt admin fee). If it gets to court, they will be allowed to add fixed court fees BUT only if they win. The POPLA decision is not binding on you. Have you complained strongly to Marstons?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82049665#Comment_82049665

I don't understand. You don't have a fine and will never pay a penny, and certainly do NOT pay at LBC £170 stage.

You need to read post 4 then post 2 of the NEWBIES thread.

Le_Kirk

It is one of the sticky threads on the first page of the forum, one click back from here, cunningly entitled NEWBIES please read these FAQs first

Umkomaas

On the page from which you started this thread. It's one of five 'pinned' to the top of the forum threads index, just one page back from this thread - hit your back button.

pheydonj

https://forums.moneysavingexpert.com/discussion/comment/82050082#Comment_82050082

Where's the Newbies thread? Thanks for getting back.

pheydonj

https://forums.moneysavingexpert.com/discussion/comment/82049678#Comment_82049678

Thanks for the suggestion too complain to Marstons. I've just done that.