POPLA Appeal Declined - Premier Park - What now?

[sjb112]

Hi

 

I wonder if anyone could help.

 

 

I had been parking at a Premier Park in Southampton from time to time during the summer whilst on a residential course.

Unfortunately my car failed the MOT durng this time and I borrowed a car from a relative.

 

 

The first time I parked this car in the car park I received a ticket as I mistakenly entered the reg number of my old car

(you needed to enter the reg number into the machine when buying the ticket).

 

 

I appealed to Premier explaining the circumstances

(it happened on the day of my final exam when I was also packing up to leave my accommodation and I think I must have been distracted,

I paid for parking and provided the ticket etc) but was declined,

 

 

I then appealed to POPLA who also declined my appeal.

I have now received a £100 demand from Premier with a threat to pass to their solicitors.

 

I'd apprecite advice on whether I should just pay up or are there any further avenues I can explore.

 

Many thanks

[renegadeimp]

What did you say in your popla appeal.

[sjb112]

that I paid (enclosed the ticket) but that I put in wrong reg (they have photos)

that this was an error, exact wording

 

 

"You will see that the ticket bears the registration xxx as unfortunately I inadvertently typed in the registration of my usual car,

instead of the xxx that I was actually driving that day.

 

 

xxxx was my usual car which I had had for a number of years and had parked at xxxx several times over the last few months.

Unfortunately the car had to be taken off the road and disposed of following an MOT failure the previous week

and I had borrowed xxx, my relative's car.

 

 

At the time I paid for parking I had just finished a stressful all-day examination at the end of a residential course

and was packing up the car to leave xxxx for the final time to return home.

 

 

I can only think that I was distracted and stressed at the time and that this is the reason why I entered the wrong registration number. "

[silverfox1961]

Hi

As POPLA has denied your appeal, the only way Premier will be able to chase you is via the courts but they don't do much on that score.

 

If they did choose the court route, they have as much chance as you and they won't get back as much as it costs them to take court action.

 

Any letters sent can be ignored or a simple letter back saying 'see you in court'

[SabreSheep]

IF however you receive a N1 claim form, come back to us. BUT that is very very unlikely

[ericsbrother]

In contract law they parking co have to prove your action is a breach of contract that has caused them a loss and as you paid then no loss has been caused. This is already decided by appeals elsewhere and premier cannor claim that the law is different because they wish it so. You should never send the ticket back to the parking co but just refer to the ticket number or photocopy it. Should they sue you how are you going to prove you paid? Everything else you mention about what you were doing there is irrelevent and if you used that as the basis of your appeal then POPLA may well have missed the vital parts that would have defeated the claim.

If Premier Park contact you again demand the return of your ticket as it is your property and only loaned to them for the purpose of proving that you had paid and give it a nominal value of £100, which you will seek to recover from them if it is not returned. They would be on very weak ground if they did decide to use the courts to chase you for the debt and they know it so you are most likely to receive letters from one of the dca's the parking indusrty use such as Debt Recovery Plus and ZZPS. You can ignore anything they say with impunity as they are just hired to write letters and have no interest in the matter.

[sjb112]

Many thanks for taking the time to send me replies, it is much appreciated.

 

Although I sent the ticket back I hve retained clear scans of both sides that I sent to POPLA with my appeal. I will ask Premier Park to return my ticket.

 

Would it be worth reappealing to POPLA emphasising that I paid and PP have suffered no loss or is a further appeal not allowed?

[renegadeimp]

DOnt think its possible to re-appeal. One appeal is all you get, but the result isnt binding on you anyway. Just on the PPC. Thats why many PPC's go to the other group.

[ericsbrother]

no it isnt so just ignore any dca demands and come back here if you receive a lba from the parking co or their solicitors. Anything else is toilet paper

[sjb112]

Thanks all, will keep you posted if an LBA arrives...

[sjb112]

Hi all

 

I've just received a letter from Premier Park headed "notice of intended legal action - supreme court decison" referring me to the Beavis decision stating that if I o not pay up they will commence court action. Any thoughts on next steps?

[armadillo71]

Hi all

 

I've just received a letter from Premier Park headed "notice of intended legal action - supreme court decison" referring me to the Beavis decision stating that if I o not pay up they will commence court action. Any thoughts on next steps?

 

Refer them to Pressdram vs Arkell....

 

http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

[silverfox1961]

Does the letter say 'WILL' or is it worded to confuse you into thinking they will.

 

They may be trying their luck on the back of the Beavis case. As it is, you paid for parking so there was no loss as such. Just the confusion caused to them in finding out who paid and who didn't.

[sjb112]

Yes, it says "if you do not make payment by the above date we will commence court action to recover what you owe".