Unsuccessful POPLA outcome - Next steps?

stud26

Hi. I'm continuing from my comments in the main POPLA thread.

Here are the details of the decision.

Decision: Unsuccessful
Assessor Name: Danielle Murphy
Assessor summary of operator case: The operator has issued the Parking Charge Notice (PCN) due to not paying for the full duration of stay.

Assessor summary of your case:
The appellant has raised the following points from their grounds of appeal. For the purposes of my decision, I have summarised these below.

- They attended a Cancer Research UK Race for Life fun run. The organisers arranged for a University of Sussex car park to be used. They parked and paid for longer than they stayed.

- The PCN states they didn’t pay but they then realised that they entered the wrong car registration into the Paybyphone app. Their car is AB75 XYZ, but they entered AB75 AYZ.

- After appealing, the operator made no mention of that initial mistake and instead stated "You have paid the “staff parking - pay as you go” tariff." and required proof of permit.

- On the app, when selecting the location 810082, there was no choice to select between tariffs. They assume this means the car park is usually for staff only. This is stated in one of the screenshots at the point of searching for the location.

On reviewing the case file, the appellant expands on their grounds of appeal. In support of their appeal, the appellant provided a screenshot of the app showing location 810082 which confirms this to be a staff parking area. They also provided a screenshot of payment of £3.20 being made for registration AB75 XYZ.

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 displayed on the signs located within the car park.

When parking on a private car park, the driver forms a parking contract with the parking operator. The terms and conditions of this contract are displayed on the signage located throughout the car park. Therefore, the driver is responsible for seeking out these signs, reviewing the displayed terms and conditions and complying with these. The signs on this site confirm it’s for registered E Permit holders only, no visitor parking.

A parking charge of £80 will be issued in the following circumstances: not paid the appropriate fee via pay by phone.

The operator has provided photographic evidence the vehicle remained on site for 3 hours 53 minutes.

POPLA is an evidence-based service, and I can only base my decision on the evidence presented.

The appellant explains that they attended the Cancer Research UK Race for Life event and that arrangements had been made for participants to use a University of Sussex car park. They state that they parked at the site and paid for parking for a period longer than their actual stay. The appellant says that, upon receiving the PCN, they discovered that an error had been made when entering their vehicle registration into the PayByPhone application. They explain that their vehicle registration is AB75 XYZ, but they mistakenly entered AB75 AYZwhen making payment. The appellant submits that payment was therefore made for the parking session, albeit against an incorrect vehicle registration number.

The appellant further states that, when they challenged the PCN, the operator's rejection correspondence did not address the registration error. Instead, the operator advised that payment had been made under the "staff parking - pay as you go" tariff and requested proof of a permit. The appellant argues that, when selecting location 810082 within the PayByPhone application, there was no option to choose between different tariffs. They therefore assumed the location was configured as a staff parking area because this wording appeared within the application, rather than because they had consciously selected an incorrect tariff.

In support of their appeal, the appellant has provided a screenshot from the PayByPhone application showing location 810082, and I can see that this identifies as staff parking. They have also provided evidence confirming that a payment of £3.20 was made against vehicle registration AB75 AYZ.

The appellant additionally explains that they have a young family and that dealing with matters such as this causes additional stress, particularly as they believe they made a genuine attempt to pay for parking on the day in question.

While I acknowledge that the appellant has provided evidence of a payment being made, the payment was not made correctly in accordance with the sites terms and conditions. It is the motorist's responsibility to ensure that payment is made correctly. Having considered all the evidence before me, I am satisfied that the operator has shown that the terms and conditions of the site were not complied with.

Although I accept that the appellant appears to have made an attempt to pay, the payment was not made correctly in accordance with the displayed terms and conditions. POPLA’s role is to assess if the operator has issued the PCN in accordance with the conditions of the contract. As the terms and conditions of the car park have not been met, I conclude that the operator has issued the PCN correctly, and the appeal is refused.

If I hadn't made a payment then I'd understand, but in this case, they acknowledge that payment was made, which counters the basis of the PCN: "The operator has issued the Parking Charge Notice (PCN) due to not paying for the full duration of stay."

What are my next steps? Any help greatly appreciated.

Woodstok2000

Popla Is a waste of time. Post pictures of both sides of the PCN with any personal info redacted.

stud26

https://forums.moneysavingexpert.com/discussion/comment/82152615#Comment_82152615

I'll try and dig it out. Is it a deal breaker if we don't have it still?

James_Poisson

Minor keying error ignore them unless a court claim comes through.

yarpsnehpets

It will be in the POPLA evidence pack.

stud26

https://forums.moneysavingexpert.com/discussion/comment/82152660#Comment_82152660

I can't access anything else other than their decision.

Gr1pr

You normally download it once they have told you, just before your popla comments week

But

You can send an email and demand a copy of the evidence pack , by return

stud26

https://forums.moneysavingexpert.com/discussion/comment/82152731#Comment_82152731

Have requested, thanks.

Any else I can do in the meantime?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82152874#Comment_82152874

Get on with your life! Have a brew !

stud26

https://forums.moneysavingexpert.com/discussion/comment/82152615#Comment_82152615

I now have the evidence pack, see PCN below. What happens next?

James_Poisson

As stated above what do you imagine happens next?