Warwick parkway MET parking PCN....Any help or advice welcome

[Freddie 14]

Hello all

 

Need some advice on what to do next.

 

 

The story so far in brief.

 

 

I parked at the Warwick parkway train station car park (as I have many times)

got out the car and hopped on the train to London,

 

 

opened up my smart phone to access RingGo parking online and couldn't access WiFi.

 

 

Kept trying and eventually managed to pay for 2 days of parking at 11.29am.

 

 

When I got back to my car the next day I had a PCN issued at 10.45am.

 

 

I challenged this as I was clearly not trying to avoid paying for a ticket as it costs the same for 2 days whether I park at 10am or 11.29am

and just got unlucky with connecting to the site

(mainly due to the train providers shocking Internet connection).

 

 

Challenge got refused by MET parking so I appealed to POPLA..

....they also refused it as my explanations amount to "mitigation" which they cannot take into consideration.

 

I am now being threatened with court unless I pay £100 in the next 10 days.

 

This just seems ridiculous to me.

I was clearly not trying to dodge paying the parking fee as I paid as soon as I could access the site.

Yes, I should have done it before I got on the train

but I have always been able to access it in the past

so was not envisaging any issues.

 

 

It all seems hugely disproportionate and I'm loathe to give in.

 

Any one had similar issues?

 

 

What would you advise is the best course of action?

 

Responses much appreciated.

 

Fred

[Bazooka Boo]

Ha ha, WHO? is threatening you with court?

 

AFAIK, and I am not the best on PPC's but, just because POPLA upheld the PPC's decision, I don't think this has any legal standing??

[dx100uk]

I take it they own the car park then???

 

 

I doubt it - so no loss to them bugger off!

 

 

dx

[Chipper64]

Try googling "Parking Prankster" and [removed] Lots of good advicE on their sites and on here too.

 

Don't give up!!!!

 

to

Hello all

 

Need some advice on what to do next.

 

 

The story so far in brief.

 

 

I parked at the Warwick parkway train station car park (as I have many times)

got out the car and hopped on the train to London,

 

 

opened up my smart phone to access RingGo parking online and couldn't access WiFi.

 

 

Kept trying and eventually managed to pay for 2 days of parking at 11.29am.

 

 

When I got back to my car the next day I had a PCN issued at 10.45am.

 

 

I challenged this as I was clearly not trying to avoid paying for a ticket as it costs the same for 2 days whether I park at 10am or 11.29am

and just got unlucky with connecting to the site

(mainly due to the train providers shocking Internet connection).

 

 

Challenge got refused by MET parking so I appealed to POPLA..

....they also refused it as my explanations amount to "mitigation" which they cannot take into consideration.

 

I am now being threatened with court unless I pay £100 in the next 10 days.

 

This just seems ridiculous to me.

I was clearly not trying to dodge paying the parking fee as I paid as soon as I could access the site.

Yes, I should have done it before I got on the train

but I have always been able to access it in the past

so was not envisaging any issues.

 

 

It all seems hugely disproportionate and I'm loathe to give in.

 

Any one had similar issues?

 

 

What would you advise is the best course of action?

 

Responses much appreciated.

 

Fred

Edited January 27, 2015 by dx100uk
fee paying site removed - dx

[ericsbrother]

Hindsight is a marvellous thing but isnt going to help you

so lets deal with what you can do now rather than tell you how to beat off a claim from the onset.

 

The parking company hasnt lost any money,

you paid to park for 2 days and in the absence of an alternative way of paying the parking co

cant say thsat you have failed to pay because you havent.

 

 

They say that your complaint about their system is mitigation,

no it isnt, it is a technical fault with their payment method and beyond your control

so that in itself is not a breach (they could argue that there are other ways of paying but would need to prove that they were ignored)

 

Secondly, as it is railway property then the land isnt "relevant land" under the PoFA

so no keeper liability but your appeal presumably said the same as you do here

so identifying you as the driver so not relevant this time.

 

 

However, being railway land it is covered by byelaw 14 and 15 of the Railways Act 2000

which makes it a criminal act rather than a civil tort

 

 

so in other words they can report you to the railway operator,

who are entitled to issue a summons but they cant enforce this contract or charge resulting from the alleged breach.

 

 

They dont like this as the charges make them a fortune and prosecution money goes to the government

and not the parking or railway co so they will huff and puff but cant force you to pay up.

 

However, if the threat comes from MET then I would send them a letter saying that

"the land is covered by railway byelaws, the prescribed parking fee was paid

and therefore no loss has been caused to MET or the railway company by your action

and any claim against you will be vigourously defended".

 

MET know very well that they have no rights to claim for any losses in their own name

so once they receive this letter they will be warned that you arent going to be mugged

and it will probably be the last you hear from them.

 

 

Keep it short and dont mention any of what went on before as it will do you no favours.

[Freddie 14]

Thank you all for the responses. Yes it is MET parking that manage the CP and Midland Mainline manage the rail services.

 

Based on your advice and the details from 'ericsbrother' I think a short letter to MET will be the best course of action followed by a letter to Midland Mainline. Do they ever weigh in?!

 

Any one ever successfully challenged a previously upheld claim from POPLA? They seem to be as quick to overlook common sense and quote the small print as the parking providers!

 

Fred

[Freddie 14]

Thanks Ericsbrother - I'll stand firm and see where it gets me!

[ericsbrother]

Do NOT write to the train company, they will get the hump and may well go for the prosecution just for the hell of it. Stick to telling MET that they have no rights but dont invite them to get MM involved as currently you have no argument with them.