is it worth using POPLA for parking fine appeal?
Discussion
I tried to pay at the end of parking at a hospital and thought I had. I have proof of the 5min 10sec call coinciding with the last minutes of the parking photos with a screen shot. It didn't take my payment and ParkingEye then sent a demand for £40 so I sent them a cheque for the £3 it should have been and appealed. That failed as expected. They have suggested POPLA or pay the fine.
magpies said:
I tried to pay at the end of parking at a hospital and thought I had. I have proof of the 5min 10sec call coinciding with the last minutes of the parking photos with a screen shot. It didn't take my payment and ParkingEye then sent a demand for £40 so I sent them a cheque for the £3 it should have been and appealed. That failed as expected. They have suggested POPLA or pay the fine.
Yes, appeal to POPLA because it costs them £27! I'm surprised to see a demand as low as £40 though, but that still isn't a genuine pre-estimate of their loss (which you have already offered at £3) so don't forget to put this in your appeal.Worth reading the parking prankster's website if you haven't already.
If its Parking Eye don't ignore it, they are just about the only private parking co. that actually do take people to court.
I'd appeal to POPLA on the genuine pre-estimate of cost angle (google it) as long as asking what loss they suffered owing their own system malfunction, you can prove that you attempted to pay what you owed...twice....
I'd appeal to POPLA on the genuine pre-estimate of cost angle (google it) as long as asking what loss they suffered owing their own system malfunction, you can prove that you attempted to pay what you owed...twice....
Looks like I'll have to pay the extortionary fine as this is POPLAs result: copied and pasted
''The appellant stated that they had used the phone payment system, and believed that they had paid. Upon discovering that they had not done so, they sent the operator a cheque for the amount they had attempted to pay, but it was returned.
The operator rejected these representations, stating that no payment had been made, so the charge amount was owed.
Considering all the evidence before me, I find that it is the responsibility of the motorist to ensure that they have paid for parking. Whilst I accept that the appellant attempted to pay by phone, I cannot find that they were ever informed that they had successfully done so. I find that the reasonable motorist would not assume they had paid without a confirmation from the phone payment service.
I further find that, by leaving without having paid for parking, the appellant breached the terms of parking. Therefore, they owed the operator the agreed charge for breaching the parking contract, and it was not open to them to pay the £3 parking fee. The operator was therefore within their rights to refuse the offer of payment and return the cheque.
Accordingly, I must refuse the appeal. ''
All because I didn't realise that I had not received a confirmation - this was the first time I have ever tried to pay this way.
Advice please
''The appellant stated that they had used the phone payment system, and believed that they had paid. Upon discovering that they had not done so, they sent the operator a cheque for the amount they had attempted to pay, but it was returned.
The operator rejected these representations, stating that no payment had been made, so the charge amount was owed.
Considering all the evidence before me, I find that it is the responsibility of the motorist to ensure that they have paid for parking. Whilst I accept that the appellant attempted to pay by phone, I cannot find that they were ever informed that they had successfully done so. I find that the reasonable motorist would not assume they had paid without a confirmation from the phone payment service.
I further find that, by leaving without having paid for parking, the appellant breached the terms of parking. Therefore, they owed the operator the agreed charge for breaching the parking contract, and it was not open to them to pay the £3 parking fee. The operator was therefore within their rights to refuse the offer of payment and return the cheque.
Accordingly, I must refuse the appeal. ''
All because I didn't realise that I had not received a confirmation - this was the first time I have ever tried to pay this way.
Advice please
Your error was using mitigation in your appeal. POPLA don't do mitigation. As was stated in an earlier post the appeal should have been based on the charge not being GPEOL.
If you don't pay up be prepared for debt collection letters and an escalation of the charge. These can be ignored or returned as 'debt denied please refer to your client (PE)'.
Being PE there is a significant likelihood that a MCOL will be issued which will require defending. You will have a chance then to use mitigation and GPEOL.
If you ignore all of this then PE will likely get a default judgement and if you ignore that then a CCJ could end up on your credit file.
As much as it grieves me to say, I'd pay the £40 and get on with life.
(BTW, I have won a POPLA appeal and threw every legal argument re. contracts in the appeal but the only point POPLA considered was GPEOL and found in my favour)
If you don't pay up be prepared for debt collection letters and an escalation of the charge. These can be ignored or returned as 'debt denied please refer to your client (PE)'.
Being PE there is a significant likelihood that a MCOL will be issued which will require defending. You will have a chance then to use mitigation and GPEOL.
If you ignore all of this then PE will likely get a default judgement and if you ignore that then a CCJ could end up on your credit file.
As much as it grieves me to say, I'd pay the £40 and get on with life.
(BTW, I have won a POPLA appeal and threw every legal argument re. contracts in the appeal but the only point POPLA considered was GPEOL and found in my favour)
dirkgently said:
Mopar440 said:
magpies said:
Advice pleas
Pay up.I am no apologist for this industry (in particular the operator in this case) but the odds are stacked against the OP. If he sits on his hands and ends up losing in court will you settle the debt (which will be a lot more than £40) for him?
The Beavis CoA judgement is unlikely to be handed down for another two weeks at the earliest because the next term at the RCJ doesn't start until April 14th.
Can you pay cash on site or is it all "pay by phone" ?
Take it up with your 'prospective' MP and local press, ask how a hospital can justify this charge, make things uncomfortable especially at election time only last night fish face sturgeon was on about free parking at Scottish hospitals and i think farage was talking of scrapping fees at English hospitals, the problem with this is selfish feckers abusing it when hospitals are in cities or near train stations etc.
Not quite sure how the 'prospective' MP's correspondence works during purdah in the run up to the election.
Take it up with your 'prospective' MP and local press, ask how a hospital can justify this charge, make things uncomfortable especially at election time only last night fish face sturgeon was on about free parking at Scottish hospitals and i think farage was talking of scrapping fees at English hospitals, the problem with this is selfish feckers abusing it when hospitals are in cities or near train stations etc.
Not quite sure how the 'prospective' MP's correspondence works during purdah in the run up to the election.
Advice
Advice
Mopar440 said:
Pay up.
But bloody useless.Advice
Red Devil said:
Because if he doesn't, the PPC is very likely to take legal action. What defence is he going to advance and what do you think a County Court judge is likely to decide given that POPLA have ruled in their favour?
I am no apologist for this industry (in particular the operator in this case) but the odds are stacked against the OP. If he sits on his hands and ends up losing in court will you settle the debt (which will be a lot more than £40) for him?
The Beavis CoA judgement is unlikely to be handed down for another two weeks at the earliest because the next term at the RCJ doesn't start until April 14th.
With reasoning to help the OP with decision making.I am no apologist for this industry (in particular the operator in this case) but the odds are stacked against the OP. If he sits on his hands and ends up losing in court will you settle the debt (which will be a lot more than £40) for him?
The Beavis CoA judgement is unlikely to be handed down for another two weeks at the earliest because the next term at the RCJ doesn't start until April 14th.
Red Devil said:
Because if he doesn't, the PPC is very likely to take legal action. What defence is he going to advance and what do you think a County Court judge is likely to decide given that POPLA have ruled in their favour?
I am no apologist for this industry (in particular the operator in this case) but the odds are stacked against the OP. If he sits on his hands and ends up losing in court will you settle the debt (which will be a lot more than £40) for him?
The Beavis CoA judgement is unlikely to be handed down for another two weeks at the earliest because the next term at the RCJ doesn't start until April 14th.
Given that any legal action here will unlikely reach trial before the Beavis judgment is handed down, the OP might as well sit and wait without paying and see what happens. If a claim is forthcoming he could always submit a defence as closely matched as possible to the issues in Beavis and/or have the case stayed pending that judgment. Or a claim might not materialise.I am no apologist for this industry (in particular the operator in this case) but the odds are stacked against the OP. If he sits on his hands and ends up losing in court will you settle the debt (which will be a lot more than £40) for him?
The Beavis CoA judgement is unlikely to be handed down for another two weeks at the earliest because the next term at the RCJ doesn't start until April 14th.
As for comments regarding it being 'very likely' legal action will be forthcoming and intimations a county court judge will feel compelled to follow the decision of a quasi-judicial body such as POPLA. Neither has much value. A claim may or may not materialise, who knows how likely that is other than the PPC, and anyone who's spent time around judges would know better than to assume they'd pay much (if any) attention to a decision made by a body such as POPLA.
allergictocheese said:
iven that any legal action here will unlikely reach trial before the Beavis judgment is handed down, the OP might as well sit and wait without paying and see what happens. If a claim is forthcoming he could always submit a defence as closely matched as possible to the issues in Beavis and/or have the case stayed pending that judgment. Or a claim might not materialise.
As for comments regarding it being 'very likely' legal action will be forthcoming and intimations a county court judge will feel compelled to follow the decision of a quasi-judicial body such as POPLA. Neither has much value. A claim may or may not materialise, who knows how likely that is other than the PPC, and anyone who's spent time around judges would know better than to assume they'd pay much (if any) attention to a decision made by a body such as POPLA.
I'd concur with this - wait until after easter when the Beavis judgement comes down. In the mean time, you could send them the cheque for the loss they've suffered again with recorded delivery so you can prove it. Then if they *do* take you to court, fill in the bit that says you agree with part of the amount and fire it back at them. They have to act reasonably to mitigate their losses.As for comments regarding it being 'very likely' legal action will be forthcoming and intimations a county court judge will feel compelled to follow the decision of a quasi-judicial body such as POPLA. Neither has much value. A claim may or may not materialise, who knows how likely that is other than the PPC, and anyone who's spent time around judges would know better than to assume they'd pay much (if any) attention to a decision made by a body such as POPLA.
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