Dropped in it by driver of my car

ThrownOutTheAsylum · 25 February 2018 at 2:09PM

This is all a bit rushed, so forgive me if I don't get everything right first time.

I've been deprived of a chance to fight this using the templates here.

I have just come back from a long time away to find the following:
@ Someone who used my car (legally & with permission) parked at a Greenwich car park run by Civil Enforcement Ltd some 2 months ago.
@ They had problems with the machine (see below for more details), paid enough to cover their parking and inadvertently put in the wrong registration.
@ Civil Enforcement Ltd sent me, the registered keeper, a PCN because their ANPR camera couldn't find the registration entered.
@ The PCN was intercepted by the driver and he/she appealed in my name.
@ Civil Enforcement Ltd rejected the appeal with a letter dated 12/02/18 giving me a POPLA number and 14 days of grace (running out today?) to pay the 'reduced rate' of £60 rather than the penal rate of £100.
@ The driver has just given me the rejection letter, had a little breakdown and has effectively dumped this on me.

I searched on here and see that Civil Enforcement Ltd may be right on the technical aspects of the wrong registration and are likely to carry this through, taking me to court as necessary.

As far as I can see, their paperwork is in order.

Unfortunately I do not live near Greenwich and the cost in time going there is currently too much for me. I do, though, object to paying out £60 when the driver clearly paid an amount to cover their parking.

I found the original ticket with all the other paper in the car's door pocket. It supports that the driver put in £2.50 for one hours parking ("£2.50 for one hour") but the machine only registered £2.00 and gave a ticket for 20 minutes, not the 40 minutes expected from the machine instructions' wording of "£1.00 for 20 minutes".

I'm tempted to pay the £60 to avoid all the hassle, particularly as the PCN may be legally correct despite its unfairness. Before I pay up and kick the cat to get rid of my frustration, can someone with more experience and knowledge than me advise me if I have a chance of getting round this?

For example, is the fact that the machine at least took £2.00 and gave only 20 minutes also a breach of contract, either because it should have given 40 minutes or not taken the extra £1 over the 20 minutes it gave?

Thanks in advance for any help.

The_Deep · 25 February 2018 at 2:19PM

Why not name the driver. If they are taken to court, imo, they are unlikely to lose if the problem was caused by a faulty ticket mabhine. Read this

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Castle · 25 February 2018 at 2:22PM

As you have a POPLA code, you can use that to appeal.

ThrownOutTheAsylum · 25 February 2018 at 2:39PM

Thanks.

As tempting as it is to do so, dropping this on the driver will be counter-productive.

From a search on POPLA in my circumstances, I gather that they stick to their interpretation of the law and ignore the obvious moral and common-sense reasons why finding for CEL would be patently unjust. POPLA are staffed by lawyers who get paid whether the law is an !!! or not.

KeithP · 25 February 2018 at 3:00PM

ThrownOutTheAsylum wrote: »

POPLA are staffed by lawyers...

Really?? Who told you that?

Do a PoPLA appeal.
There are plenty of CEL appeals written in the last few months. You may even find one for your Greenwich car park.

Half_way · 25 February 2018 at 3:46PM

Have you checked to see if the paperwork complys with the POFA?
Have you contacted the car park owner?

waamo · 25 February 2018 at 6:05PM

POPLA is actually staffed by trainee nail technicians and wannabe soft !!!!!! authors. No I'm not joking.

The driver has done everything correctly so far to get you both of this fee. Read the Newbies thread at the top of this board and see what goes in to a successful POPLA appeal.

The_Deep · 25 February 2018 at 6:43PM

ThrownOutTheAsylum wrote: »

Thanks. I gather that they stick to their interpretation of the law and ignore the obvious moral and common-sense reasons .

Yes, but their interpretation of the law is very rarely that of a judge, who can, and does, apply common sense.

ThrownOutTheAsylum · 25 February 2018 at 7:38PM

Thanks all. I did a search to find something directly relevant but couldn't find anything.

As time is so short for me I've not been able to contact the land owner or do other work.

Redx · 25 February 2018 at 7:47PM

stick to post #3 of the NEWBIES FAQ sticky thread and draft a popla appeal on the standard legal arguments used by most people who come here

POPLA are not staffed by "lawyers", even the old London Councils popla wasnt apart from Henry Greenslade (a barrister)

best advice to give you ?

DO NOT MAKE ASSUMPTIONS

KeithP · 25 February 2018 at 7:53PM

We've all got other things to do, but if you were to search the POPLA Decisions thread for the word greenwich you will find three posts referencing it.

The first of those posts returned is a CEL Greenwich High Road car park.

Look at the linked PoPLA appeal text and it shouldn't need much tweeking to fit your situation.

Dropped in it by driver of my car

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