PCN appeal denied by POPLA, what next?

[Rasrock]

I pay for my parking monthly via Dash and park at a site managed by NCP. Dash allow multiple vehicles to be registered on their system. I renewed my parking but as we were going to be away for a few days I renewed the July payment on my alternate registration. On return my logged in and changed the vehicle normally parked to primary. Over the course of August I received 3 PCN notices, all challenged and two of which were acknowledged as noting the car actually parked was registered on the account and cancelled; the third not. I raised an appeal through POPLA, which surprise surprise has been refused. The PCN is for £100 vs a £3.70 daily charge for 24 hour parking, and a prepaid sum of £67.40.

I made every effort to change the designated vehicle through the party that took my money to pay for the use of parking for the period in question. At no time were both vehicles ever parked at the site simultaneously.

The fact that two notices were rescinded in my opinion creates precedence and by that alone makes the refusal of the third unfair.

Where do I turn to now? This refusal by their own 'old boys club' is a joke in its self. Any guidance is appreciated I am not familiar with UK county court processes.

Many thanks

[armadillo71]

I pay for my parking monthly via Dash and park at a site managed by NCP. Dash allow multiple vehicles to be registered on their system. I renewed my parking but as we were going to be away for a few days I renewed the July payment on my alternate registration. On return my logged in and changed the vehicle normally parked to primary. Over the course of August I received 3 PCN notices, all challenged and two of which were acknowledged as noting the car actually parked was registered on the account and cancelled; the third not. I raised an appeal through POPLA, which surprise surprise has been refused. The PCN is for £100 vs a £3.70 daily charge for 24 hour parking, and a prepaid sum of £67.40.

I made every effort to change the designated vehicle through the party that took my money to pay for the use of parking for the period in question. At no time were both vehicles ever parked at the site simultaneously.

The fact that two notices were rescinded in my opinion creates precedence and by that alone makes the refusal of the third unfair.

Where do I turn to now? This refusal by their own 'old boys club' is a joke in its self. Any guidance is appreciated I am not familiar with UK county court processes.

Many thanks

 

I don't see how they could ever take this to court.

 

What was different about this one as opposed to the other two?

[Rasrock]

Nothing all three were issued over a 14 day period, within the prepaid time frame. The same vehicle in all three cases. Appeal to PCN lodged within 24 hours of receipt, POPLA appeal lodged within days making note of fact the previous two had been cancelled creating precedence. I don't want to ignore this as I cannot afford any adverse records given the nature of employment, but I'm am not paying it simply in principle that I have not avoided payment. I am registered owner of both vehicles listed on their account.

[Homer67]

Clearly a fault of their system, perhaps put together a letter summarizing your actions and send it to them with instructions that should they decide to spend time in court on this, you will rigorously defend on the basis of your given actions and seek costs for your time. Insist they send you a letter saying they have cancelled their incorrect charges.

[Rasrock]

That shortcoming has been a common point raised from the first PCN, as is the fact that I will defend any action they take against me seeking more than just the demand value, but my time and any reparations to my character if damaged unfairly through court action or otherwise. So far all communication has been via email, copies on record. Will escalate this to written record on recorded signed for delivery, as suggested Homer67

[ericsbrother]

You paid the prescribed fee so no loss has been caused to the company. Regardless of what they say they cannot claim any more and you would have the possibility of counterclaiming but that will cost you court fees.

All of this will never give you an adverse record as it is a contractual issue that never gos near the PNC system and doesnt appear on a credit reference check unless they take you to court, win and then you fail to pay up.

For the moment you can either follow up this matter by writing to them and probably getting nowhere as they are only interested in getting money from you and think you are likely to pay up as you are quick off the marks OR wait for them to make a demand for the payent and then write to them denying any debt using the examples you already have and ask them for "strict proof" of their claim with reference to the case law upon which they intend to rely on to make that claim. That beefs up the paper trail and will make any further action nigh on impossible without reference to this demand for proof.

[Rasrock]

Thanks, ericsbrother, I am of the view that they hold by a fear factor, expecting people to simply cave and pay up. Not going to happen, I have broken no law or 'rules' of purchase as they term it. Will raise the points you mention in my formal response to them.

Thanks to all for comments thus far, most appreciated. This one is going down to the wire!

[honeybee13]

Copey, you have your own thread now, please put posts on there now.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?454092-Problem-with-NCP%283-Viewing%29-nbsp

 

HB