HELP - PCN given when RingGo Payment would not work. 1st Appeal Rejected.

[Josh647]

Story:

I parked my car at Solihull Train Station Car Park on 15-Dec-2013 and paid coins machine for one day windscreen ticket whilst on a day trip to London. Thought I may need two days but did not understand how to pay for two days as no option on the coins machine. I read a large notice which gave options to pay online should I wish to pay for advanced day parking / extend for the 2nd day so this gave me the confidence to use the RingGo service for the first time if I needed to. When in London I decided to stay the night on the assumption that I could confidently pay RingGo for 16th December parking.

 

So on Sunday night (15th Dec) I created RingGo mobile aco**** at 10:50pm and tried to pay for Monday 16th Dec with my SmartPhone but service kept failing. It kept stating in red print 'This car park is currently free. Please refer to the nearby signage for the next charging period'

 

I then called the RingGo number before midnight and numerous times on Monday morning but the automated phone system does not have an operator option at all and I did not know the Solihull Station ID number. All attempts to pay via phone also failed without the station ID. Finally my mobile battery died.

 

I contacted my family via payphone Monday morning to login to my new website account and pay for a ticket to cover the 16th but they could only do so @ 12:29pm. On returning to my car late night on Monday 16th I found a penalty notice issued at 09:12am Monday 16th December. I genuinely tried many times to pay but the service just did not work.

 

I appealed the PCN to MET Parking services in London explained above with evidence from RingGo and phone statement showing I created an account and attempted paying but they rejected my appeal. They acknowledged everything but stated it is the drivers responsibility to Pay for parking before leaving the car unattended.

 

RingGo's website clearly states Solihull Station car park accepts advanced bookings or extension to existing days.

 

I've received my POPLA code from MET so can appeal to them and risk fine increasing to £100 or pay now £60 to finish this pain.

 

I realise I should have checked this forum before my first appeal as there is great advice from the users/community. I know that POPLA seem to be accepting around 60% of appeals to them in favour of the driver.

 

Do i stand a chance using genuine pre-estimate of loss as the charge is actually a penalty since I tried using their payment service which is poor and phone system had no option to speak with any operator so left me in the lurch. My car had a winscreen ticket for first day so surely no common sence for them to say I left without paying on 2nd day.

 

Sincere thanks to anyone who takes the time to reply and advise me on my path.

[havinastella]

Its not a fine!

[f16]

You have got the proof that you attempted to pay. It is not your fault their system did not work. on a POPLA appeal I think you will be successful.

There is a lot of people on this site who know a lot more than me and will give you sound advice. Follow the advice and don't get stressed and give in.

Flip the top on another beer and enjoy

[silverfox1961]

Hi and welcome to CAG

 

As mentioned, this is not a fine. It is a speculative invoice. MET have no authority to fine anyone.

 

The joy of a private parking ticket is that you appeal to POPLA and this costs MET. Even if you lost the appeal, the only way they could get you to fork out is if they took you to court and I haven't seen anything from them.

 

So, do the appeal using the grounds that you laid out above and wait for POPLA. After that we can deal if necessary

[ericsbrother]

Note their reason for rejecting your appeal-that it is the driver's responsibility to pay before leaving car unattended. You did this so that part of your contractual obligation was fulfilled and you can prove that you attempted to pay the additional amount but technical reasons to do with their third party payments provider prevented you from doing so. Put bluntly, this is not a breach of the parking conditions that would entitle them to claim the monies for breach of contract. What you have is a frustrated contract where both parties could not conclude their obligations and so you shouldnt have to pay anything else. Problem is, POPLA wont accept that as a reason for an online appeal so you will have to use the post to send in your appeal and evidence for consideration.

Now another thing that is of interest to followers of private parking is that Met gave you a POPLA number but when they threaten non-payerswith court they rely upon the Railways Act so it makes you wonder whetehr they actually have the authority to claim any losses in their own name because if they did bad parkers should be prosecuted for trespass upon railway property rather than getting a demand for cash. Go to POPLA with what you ahve and argue that MET havent proved a contract exists that allows them to claim in their own name (otherwise s14 Railways Act byelays 2004 would apply in this case and the land would not be "relevant land" under the PoFA) and cannot show a liquidated loss by your action and that you attempted to pay the prescribed fee for the overstay on your existing ticket by following the instructions issued to you by MET but their third party payment collector failed to perform its functions and caused the loss to MET, not you.

[Josh647]

Thank you F16 for your positive message . I'll continue following the various advice and corrections of my own basic understanding of the law.

[Josh647]

Hi silverfox1961, thanks for the warm welcome to the CAG. Following on from 'EricsBrother' advice I'll carefully appeal to POPLA but if the Railways Act Byelaws 2004 apply in my case then that's an interesting point raised by 'EricsBrother'.

 

Its great getting advice/help from community members so one does not feel too much like a mouse going against a blind elephant trampling on all drivers with the same blunt foot.

 

Silly question - I was thinking should I email through a 2nd appeal back to MET raising the above points by 'EricsBrother' so that they'll see their case is thin and possibly drop it via email reply back to me or should I carry on using the POPLA route?

[Dublindel]

Cut to the chase and ask for a breakdown of pre estimate loss. It's success rate must be close to 100%. Going down other roads is just long winded

[f16]

Hi, Josh647. Don't bother going back to MET, you only have a limited amount of tine to complete the POPLA appeal. Anyway POPLA appeal costs MET £27.50

Defo take POPLA route