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help with a POPLA appeal


jaw22
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Hello there,I was looking for advice regarding ppealing to POPLA against a recent PCN charge.

 

I was parked in Manchester Ducie street car park which is regulated by SIP. I have been parking there for a while and using the App to pay formy parking for the last 2 years.

I paid the parking fee via the bembrose booth app and when I returned to my car the PCN had been issued for failure to display a ticket.

 

I appealed to them and included evidence of my payment (which was a screenshot of the bembrose booth app confrimation fo payment, AND the texts from bembrose booth which statethe start and end time of my parking for SIP ducie street car park).SIP replied to my appeal saying that they had not used this app (i.e the Bembrose Booth app) for the last 8 months and that everyone using the system had been sent a text to inform them of this.

 

They stated that the signs were clear and that they rejected my appeal, giving me a POPLA code.I usually park in the evening when it i dark and having used the system for over 2 years have continued to do so. The signs ave changd but there was no clear notification that the parking app has changed. Furthermore when I received the PCN I chacked SIP website which led me to downlod the exact same app.

 

Unfortunately now the website has been changed so I cannot use tht as evidence. The old system as pay by phone and the new system is park and pay or something along these lines. Te area code has alsoe been changed.However my aggrievance is the fact that for the last 8 months, inluding on this occasion, the Bembrose Both app is still accepting my money and sending me parkig reminder texts.

 

As far as I am concerned i have pad my £3 to SIP via the bembrose booth ap which is still functional for Ducie street SIP car park, whether SIP still use that system or not.I have paid previous PCN noticses to SIP where I have been wrong but as far as I am concerned I have paid!!!!

 

If anyone could help me formulate a strong appeal to POPLA I would be most grateful as the fine no stands at £60 adn will incrwase to £200 after so may days.

 

AS far as I can see the maximum loss of earnings over the 24hour period that my £3 covered would be £24 (baed on 24 cars each parking for one hour in the space I occupied....charges are £1/one hour, £2/2hours, £3/24hours) so how I can soon owe them £200 is incredulous!Thanks

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Hi and welcome to CAG

 

Firstly, this is not a fine but a speculative invoice. They would have to take you to court to get any money out of you and they can only do that if they either own the land or have the owners permission to do so.

 

Did you get a POPLA appeal code number?

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Hey,Yes this time they have incuded an appeal number on the back of their forms - last time I wrongly got a PCN they did not give me an appeal number and so "as a gesture of good will" dropped the charges!Last time I received court summons - possibly from Nottingham county court but luckily I had recevd a letter from the company saying they were dropping charges so I just put that in and everything was dropped no problem ( well after 9 months of stress and worry!)So from past experience I want to give myself the best chance of winning my appeal and avoiding a grossly inflated £200 charge!

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You have already been fleeced by PRIVATE parking companies who have no power in the real world. They just let you think they do.

 

The ticket you got would say 'Parking' Charge Notice as opposed to the 'Penalty' Charge Notice you would get from a council run car park but you notice the letters are the same (PCN) This is deliberate to confuse you.

 

Court cases are made from MCOL in Northampton so you were close.

 

As mentioned, this ticket is not a fine, it is a figure made up in the mind of some company head who thinks that just because they levy their charges at a similar rate to council tickets, they are fine. This is complete rubbish.

 

Send your appeal and see what happens. This costs SIP, not you and even if you lost (unlikely) you still don't have to pay and only a court would force you too but if they were foolish enough to begin court action nowadays, you could quite easily defend with the help of CAG

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Moved to private Parking Forum

 

DOH!!

 

I blame my glasses :bolt:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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