Understanding POPLA appeals - No.2: I wasn't improperly parked.

nappy501

Some background information

I supported a client with mobility issues to watch a movie at Savoy Cinema.  I entered my registration at the parking terminal.

I received a parking charge for £100 from Parkingeye and then another letter 4 days later.  l visited the cinema and the manager told me that she couldn't find my vehicle details on the system, but when she checked the CCTV, she could see me entering the cinema and using the parking terminal.

I requested the cinema tickets QR code from client and sent an appeal to Parkingeye with the QR code and the information regarding the CCTV footage.  I also sent this information to Savoy Cinema via their online contact page.

Parkingeye have rejected my appeal and have said I can pay £20 or take it to POPLA.

My Question

I cannot see any grounds for appeal on the POPLA process.

The only one I can think of is number 2:  I wasn't improperly parked.  I assumed this was to do with parking in the parking bay rather than being parked as a legitimate customer?

My thoughts

I'm not going to pay, but I am finding the whole thing very stressful.

As a customer, legitimately using the cinema, who has made a mistake at the terminal do I have to pay?  Do the cinema not have some responsibility as they do not provide proof.  i have used supermarket parking in London where as you are leaving the shop you enter you registration into the terminal and it issues a ticket.  The terminal in the cinema does not issue a ticket, so I have no confirmation that I have got it right.

I am not clear on the article from the MSE website, what happens if I do nothing?  What I want to do is send a 'signed for' letter to the Savoy Cinema head office with proof of the ticket and an explanation of what has happened so far.  And step away from the Parkingeye and POPLA appeal.  What happens if I do not respond to them?  Or what is the worst that can happen?

Finally.

We went to see Shrek 25 year showing.  I had forgotten what a great film it is.  My client and I were both tapping our feet to the music.  It is a shame it have it end like this.

nappy501

Forgot to post this. The only one I can see that might be appropriate as a legitimate customer is number 2?, but isn't that about parking incorrectly in a bay?

Gr1pr

As the newbies sticky thread tells people, and has done for over a decade, choose OTHER, the bottom one

Ignore the rest

nappy501

https://forums.moneysavingexpert.com/discussion/comment/82054909#Comment_82054909

Thank you for your prompt response. Is it worth the effort with POPLA? Or should I just send the letter to Savoy Cinema and forget the appeals process?

nappy501

https://forums.moneysavingexpert.com/discussion/comment/82054909#Comment_82054909

I have just read the NEWBIES thread. I missed it on my initial search.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82054927#Comment_82054927

Plan A should always be tried before any appeal, especially any popla appeal

As for popla, you need a valid legal argument to have any chance at popla, plus popla costs PE money if used so less likely to get a landowner cancellation if tried ( which may or may not be the Savoy Cinema. )

Even valid patrons of a business can fall foul of the parking contract rules, but that doesn't mean pay

Sometimes its easier to defend a court claim, especially in an unregulated industry

Coupon-mad

It is easier to defend a court claim from ParkingEye, especially if they use DCB Legal.

Ralph-y

Is the cinema on a retail park ? if so the cinema are prob not the landowners …… look at the park entry plinth / totem at the bottom for the park management company

Car1980

"2:  I wasn't improperly parked."

This is fine to use. It doesn't really matter anyway.

With Popla the onus is on you, the appellant, to provide evidence. There is no point unless you can get written proof of what the manager said to you.

At county court the onus changes. Parking Eye, the claimant, has to provide the evidence. They have to disprove what you state the manager said. Although that's not to say written proof wouldn't help you.