Free Traffic Legal Advice

Hi

First of all, I should have read here first, but I am where I am.

Driver parked at Bon Marche, 3-23 Suffolk Road Lowestoft, NR32 1DZ on 20/12/23 - this is not in dispute. I personally paid £1 using the pay and display machine, entering the car reg before I did. I am 100% sure we paid. This is a car park I have not used before, there was a gentleman struggling to pay, he tried several pound coins, nothing was working. My son who was with me went to get change for a £5 note, we gave the other gent one of the pound coins and it worked. We then paid for our parking. I am not mistaken, I know we paid.

The driver of the vehicle has been in touch with "Carparkers" and filled in an on line form confirming who was driving (I know, I know). I appealed the charge because I know I paid. I also asked for evidence that my car was not displaying the ticket, I know it was (I didn't keep the ticket unfortunately). They have not responded directly to my question asking why there was no photo of car without the pay and display ticket. My contention is that there is not one because it would have shown my ticket displayed.

I am now at the stage where I have had "final reminder"

I attach scans of the three letters received, also the letter denying my appeal. There is also a "report" showing vehicles that allegedly paid around the same time but guess what, my vehicle not there.

I don't feel I should pay this charge as I know I paid. Any advice appreciated.

Initial PCN and Reminders

And

Appeal Rejection Letter

If the driver has already identified himself, then the third person "the driver did x" is meaningless.

There is a school of thought (mine) that if you have a meritorious defence, particularly if it relies on your credibility, then technical defences can be counterproductive.

Appeal rejections generally do not address the issues raised in the appeal, because they are not material to the question "do we still want them to give us money?". If you can get the ticket cancelled at an early stage - whether at the initial appeal to the PPC, or on appeal to POPLA,  that's great. If not, nothing has changed - they will send you threatening letters and you can either pay up, or they can decide whether or not to try to sue you and prove to a judge that you owe them the money demanded.

Thanks. I am out of time for POPLA, just over 28 days

I am minded to ignore demands for payment as I know I paid the parking fee and they have provided no evidence to show my car was not displaying the ticket (which it states on their signs must be displayed). Am I Better now to ignore correspondence
demanding payment or is there any merit in further dialogue with Carparkers. Obviously if they do file a case at county court then I will engage with that.

Thanks. I am out of time for POPLA, just over 28 days

Despite them telling you that you have 28 days to appeal to POPLA, the code lasts for 32 days. So, if you are not past the 32 day threshold, you can still use your code and put in a POPLA appeal.

…is there any merit in further dialogue with Carparkers.

Your initial “dialogue” with the PPC has already scuppered your “golden ticket” as the NtK is not PoFA compliant. Further dialogue with them is not likely to get you anywhere.

Concentrate on getting a good POPLA appeal in before the 32 day deadline. POPLA will only consider whether the PCN was issued correctly based on legalities and the BPA CoP. They will not entertain any mitigating circumstances.

You've seen this, we haven't. As per others, could you have mistyped your VRM?

I have posted the log they shared, it is linked in first post with the Appeal Rejection letter. There are only 2 registrations and neither of them are anywhere close to mine.I am 100% sure I paid whatever their log says. Unfortunately I do not have the ticket.

I would also ask why you paid £1 for 15 minutes, this seems a high tariff, and why were you there for only 15 minutes and are you sure that where you parked is the site in question..we do see threads where a driver pays at machine A thinking it's the correct one only to find out it wasn't, it was next door's!

I paid £1 which was the minimum charge for up to 30 minutes. I paid at the correct machine. I only needed 15 minutes, I don’t understand why that is questioned.

Pl don't fall into the trap which some posters do of letting your frustration at the creditor spill over into your posts.

Where did I do this?

Can you obtain the necessary photos as requested?

It’s a little ironic that you offered advice on posting style and etiquette then ignored my question.

Let's play nicely folks.

The images mentioned would be useful - they form the basis of the alleged contract.

I am simply asking for clarification on where I “allowed my frustration to spill over”

I think it’s a perfectly reasonable question to ask.

My previous message was aimed at both of you.

Quote from: Humanate on February 27, 2024, 01:30:55 pm

I think it’s a perfectly reasonable question to ask.

The answer to which will be of no consequence in regards to helping you with your parking charge, which is the purpose of this forum. Focus on that.

Eh, no. Thanks for advice till now. Tatty bye. ✋