other County Court Business centre claim form - PCN claimant is PEA

[Gans3]

21st Jul 17, 7:14 PM

Hello All

 

POPLA refused my Appeal

 

Hello All.

I am newbie here. Trying to find a solution to my frustration.

The gist of my appeal to POPLA was as follows

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*That I paid for the parking fee, which avoided loss to the parking company.

 

*The Dashboard on the Rangerover is sloped/curved and the parking ticket could have slipped on to the steering, due to the air gush when the door was closed.

 

*The parking ticket had no self adhesive to stick it to the dashboard.

 

*I have shown the ticket to the parking attendant on my return to the car, while he was still there and he asked me to appeal.

 

*My intentions were not to breach the terms and conditions of parking site, hence bought a ticket and should not be penalised with unreasonable amount.

 

PEA( PARKING AND ENFORCEMENT AGENCY LIMITED) nor POPLA could consider my appeal, and reply was as below....

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ASSESMENT DECISION was on 30/03/2017 on their website

Unsuccessful

Assessor summary of operator case

The operator’s case is that the appellant failed to display a pay and display ticket.

 

Assessor summary of your case

The appellant’s case is that they purchased a pay and display ticket but it slipped down the dashboard, as the ticket did not have any self-adhesive.

 

Assessor supporting rational for decision

The operator has provided photographic evidence of the signage located around the site in question.

The signage states,

“Not displaying valid permit/ticket clearly on the dashboard…Parking Charge Notice is £100”.

 

 

The operator has provided photographs of the appellant’s vehicle parked at the site in question.

The photographs provided show the appellant’s vehicle without clearly display a pay and display ticket.

 

 

The operator has issued the Parking Charge Notice (PCN) as the appellant failed to display a pay and display ticket.

I acknowledge the appellant purchased a pay and display ticket but it slipped down the dashboard as the ticket did not have any self-adhesive.

 

 

However, from the operator’s photographic evidence of the appellant’s vehicle I cannot see a pay and display ticket displayed on the dashboard.

In order for the warden to assess that the vehicle was authorised to park at the site,

a pay and display ticket would need to be clearly visible in the vehicle.

 

 

As it was not, the warden has issued the PCN, as they would have been unaware whether the vehicle is authorised to park at the site.

POPLA’s remit is to assess whether or not the appellant has adhered to the terms and conditions of the site in question.

Therefore as the appellant failed to display the ticket correctly,

 

 

I am satisfied the appellant has not adhered to the terms and conditions of the site.

Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park,

they have understood the terms and conditions of parking.

 

 

By remaining parked on site, the appellant accepted the terms and conditions.

On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site and as such,

I conclude that the operator issued the Parking Charge Notice correctly.

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On not replying to their letters,

regret PEA have given it to a debt collection

as expected received debt collection letters from CSB SOLICITORS LIMITED

followed by county court claim form

dt 14/07/2017, for £265/- ( Claim £165/-, Court Fee: £25/-, Legal Reps cost : £50/- Total £240.31 further interest to accumulate on daily basis.

 

I would like to defend and change the court to my local area.

 

Any suggestions as to how to pinpoint the defence,

so that the judge would see my side of the argument that there was no loss to the company and the penalty is disproportionate and unfair.

 

Further as the said parking site is cordoned off currently for flats development,

i cannot prove the terms and conditions on the signage as it existed, if at all .

There are no signs boards currently.

 

Any help is greatly appreciated in advance.

 

Please could anyone be kind to advise as time is ticking .

 

 

Appreciate your help in advance.

 

Thanks

[dx100uk]

please complete this:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

[ericsbrother]

OK do you still have the original ticket/receipt from the event?

 

We will also need to see images of the signage at the place that was the cause of this action that offered the contract.

 

Chances are they wording is too vague for them to have a reason to sue you and in any case,

 

they have failed to mitigate their claim as you paid the prescribed fee to park and displayed the receipt.

 

Not your fault they use substandard tickets