Hi everyone.
I’ve just had my appeal rejected by POPLA but I feel they haven’t considered my evidence. Is there anything else I can do?
The vehicle was parked in Euro Car Parks, where the car park is split in to several different sections. The signs said pay on exit. After eating at a restaurant the driver went to the machine in the area but it was out of order. They then walked across to another part of the car park and entered the vehicle registration number. A message appeared saying “you do not need to pay, simply leave the car park”. The driver took a photo which I provided as evidence to POPLA. It doesn’t have the registration number but it was time stamped so you can see it was for the same occasion.
POPLA haven’t addressed this at all in the appeal response - they have just seemed to have copied and pasted a standard reply that Euro Car Parks are entitled to charge and that signage was clear.
There was also no comment on the fact that the car park photographs Euro Car Parks gave to POPLA as evidence were of a different car park to the one where the vehicle was parked - not just a different area but a completely different car park several streets away.
The driver genuinely
tried to pay and the operator’s machine advised no payment was due - their rejection included the line “ I agree that the onus is on the customer to ensure they have paid for the full duration of their parking before they exit the car park.” but I would argue that this is exactly what the driver tried to do. Not only that, they’ve not given any suggestion on how they could have paid, given that the machine didn’t give any option to pay - it just told the driver to leave.
Where I am now is I have emailed POPLA asking for clarification. I don’t particularly expect to receive a reply as it was only chance that I had an email address for them - they didn’t provide any contact details after my appeal was rejected. I have also emailed Euro Car Parks asking them to reconsider the charge given the circumstances.
Further info: the car park is free for up to an hour and the vehicle was parked for 1h16m. The charge is £100 but £60 if it is paid within two weeks.
Thanks in advance for any advice you’re able to offer.
(Edited to improve layout and other improvements)
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The charge is £100 but £60 if it is paid within two weeks.
Are you sure? Once appealing to POPLA the early discount is normally lost.
Ultimately, the final arbiter is a court. We obviously don't recommend filling their coffers with £100... (Especially when it doesn't appear to be due)
Unless you are completely risk-averse then ignore for now.
The only possibility I can think of is when you put your reg into the machine you were within the 1 hour (and 10 minute grace period) for no charge - and once you passed the ANPR the system thought differently. (I presume you left promptly)
Yes sorry you are right, I’ve just checked and it is £100. I didn’t realise appealing to POPLA would run that clock down. I’m currently pregnant and not very keen to give them £100 either.
Yes sorry you are right, I’ve just checked and it is £100. I didn’t realise appealing to POPLA would run that clock down. I’m currently pregnant and not very keen to give them £100 either.
...just so you're aware the next part will start with 'debt collectors' (Who are completely powerless) and they claim £170 is suddenly due. All part of the pressure tactics.
I’ve just discussed it with my completely risk averse husband and we’re going to pay it. If I ever get another PCN I’ll come here first! Think if I’d had the right argument I could have avoided getting this far. Thanks for the advice.
I’ve just discussed it with my completely risk averse husband and we’re going to pay it. If I ever get another PCN I’ll come here first! Think if I’d had the right argument I could have avoided getting this far. Thanks for the advice.
That is your choice, but you could be paying £0...
Please tell your "risk averse" husband that he is one of the ripest pieces of low-hanging fruit on the gullible tree if he pays ECP a penny. I can tell you with 99.9999% certainty that if you follow our advice, you will not be paying a penny to ECP.
The process is that you receive and totally ignore all debt recovery letters. Debt collectors are powerless except to make the low-hanging fruit pay up out of ignorance and fear.
Eventually you receive a Letter of Claim (LoC) from a bulk litigator, most likely DCB Legal who are a firm of incompetent wannabe legals. We will provide the response to that LoC. Eventually you receive an N1SDT Claim Form from the CNBC and you show it to us and we will provide precise instruction on how to defend the claim.
If you follow the advice and stay strong, the claim will either be struck out or discontinued. The whole process takes about 6-9 months usually.
So, are you or your other half going to become part of the problem by funding these scammers or are you going to save your hard earned cash and fight this to the inevitable conclusion I've mentioned?