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Popla appeal unsuccessful

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  • Popla appeal unsuccessful

    I realise I've been stupid, I appealed without seeking advice from here.

    I went to Markham vale retail park at chesterfield to the scs store. Where I bought a sofa and carpet.
    I didnt realise I only had 2 hours of free parking.

    few days later I receive a pcn from Premier park
    £60 For over staying by 21mins

    I spoke to scs who said there was nothing they can do and advised I go through the appeals process and most of the time it would be cancelled.
    I did this and they rejected leaving me having to appeal to popla.

    Your vehicle overstayed the maximum stay period by 21 minutes and no record of a permit could be found to authorise the additional time spent on site

    this is from popla


    Decision
    Unsuccessful
    Assessor Name
    Alexandra Wilcock
    Assessor summary of operator case
    The operator has issued a Parking Charge Notice (PCN) to the appellant. The reasoning stated on the PCN is “Exceeded Maximum Stay Period”.

    Assessor summary of your case
    The appellant states he believes that the ticket was issued incorrectly. He says that he believes that the parking is free for two and half hours. The appellant advised that he parked correctly and did not leave the site. He states that he shopped in SCS and did not overstay the maximum time allowed. The appellant says the staff members would have informed him that he had overstayed if he had. The appellant has provided POPLA with evidence that he was a customer at SCS, and an image of the signage.

    Assessor supporting rational for decision
    The terms and conditions of the site state “Maximum stay 2 hours. If you enter or park on this land contravening the terms and conditions displayed, you are agreeing to pay: Parking Charge Notice (PCN)”. The operator has issued a £100 PCN due to the appellant exceeding the maximum stay period. The site operates Automatic Number Plate Recognition (ANPR) cameras, the operator has provided photographic images of the appellant’s vehicle, *******, entering the site at 10:15, and exiting at 12:36. The period of stay on site was two hours and 21 minutes. The appellant states he believes that the ticket was issued incorrectly. He says that he believes that the parking is free for two and half hours. The appellant advised that he parked correctly and did not leave the site. He states that he shopped in SCS and did not overstay the maximum time allowed. I note the appellant’s comments however, the operator has provided photographic evidence of the signage on site. The evidence provided shows that the signage clearly states, that the maximum stay is two hours, not two hours and 30 minutes. The ANPR images show that the appellant remained on site for two hours and 21 minutes, which is 21 minutes longer than permitted. The appellant has provided POPLA with evidence that he was a customer at SCS, and an image of the signage. I note the appellant’s evidence however, the PCN was issued for remaining on site for longer than permitted, not for failing to be a genuine customer on site. Furthermore, the signage provided by the appellant is different to the signage which is on site. The appellant says the staff members would have informed him that he had overstayed if he had. I note the appellant’s comments however, it is the motorist’s responsibility to ensure that when they enter a site they have understood and complied with the terms and conditions. As previously stated, there is signage located around the site informing motorists of the terms and conditions. Furthermore, the operator has provided a system print out which shows, SCS have a permit system where they can add motorists into it if they are a genuine customer on site. Based upon the evidence provided, I can see that the appellant remained on site therefore, agreeing to comply with the terms and conditions. I am satisfied that the signage clearly informs motorists that the maximum stay is two hours. As the appellant remained on site for longer than permitted, he has failed to comply with the terms and conditions. As such, the PCN was issued correctly.

    HAVE THEY GOT ME BANG TO RIGHTS.
    IS IT TIME FOR ME TO PAY THE £100

    MANY THANKS


    Tags: None

  • #2
    Furthermore, the operator has provided a system print out which shows, SCS have a permit system where they can add motorists into it if they are a genuine customer on site.
    Have you asked SCS about this ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      The period of stay on site was two hours and 21 minutes. The appellant states he believes that the ticket was issued incorrectly. He says that he believes that the parking is free for two and half hours. The appellant advised that he parked correctly and did not leave the site. He states that he shopped in SCS and did not overstay the maximum time allowed. I note the appellant’s comments however, the operator has provided photographic evidence of the signage on site. The evidence provided shows that the signage clearly states, that the maximum stay is two hours, not two hours and 30 minutes. T
      Also, Markham Retail Park in Chesterfield on Google shows 2.5 hrs ??? ( Google Street View June 2017 ) Is that the same as Markham Vale ? ( https://www.google.co.uk/maps/place/...3!4d-1.4250522 ) I can't read the car park operators name on there.

      Did you go back and check / take any pictures ?

      Click image for larger version  Name:	2018-03-16 11_31_43-Start.png Views:	1 Size:	605.7 KB ID:	1395772
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Ahhh looks like that was a previous parking company, VCS ( red signs - premiers look like they're normally blue) - do we know when Premier took over ( and changed the signs ) ? Seems to be this now... bummer.

        Click image for larger version

Name:	2018-03-16 11_57_01-Start.png
Views:	1
Size:	698.8 KB
ID:	1395777
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          I did ask scs about this. And they sent an email to premier park to cancel the Pcn but because I had appealed to popla premier park said they there was nothing they could do. And would be bound by popla decision.

          The first sign in red was what id sent to appeal as it States 2.5 hours but the signs have changed to the second photo. But apparently this was some time ago.

          what' annoys me is I rang scs who said I had to appeal but must have had the authority to cancel or register my car to premier park as to which they would have happily cancelled if it Hadn't been sent to popla.

          Comment


          • #6
            This was the email scs sent premier park

            Subject: FW: Parking charge notice. Premier park



            Good Morning,



            Can we please remove the car parking ticket as per below – customer was in store and ordered a sofa and carpets from ourselves which – given the time of year would have taken him over his 2 hour slot.

            Customer is refusing to pay us the balance until this is removed.

            reply from premier park

            FW: Parking charge notice. Premier park
            CA

            Chesterfield Admin <cxxxxxxxxxxxx@scs.co.uk>
            Wed 07/03/2018 16:09
            Archive
            Toxxxxxxxxxxxxx
            Evernote

            Regards



            Kind Regards



            xxxxxxxxxxxxx



            Branch Administrator SCS

            Direct - 01246 541xxxxxxxxxxxxx










            ----------------------------------------------------------------------------------------------------------------
            A Share and Sons Limited T/A ScS
            Registered in England
            Company number: 323778
            Registered office: 45-49 Villiers Street, Sunderland, SR1 1HA

            This e-mail and any attached files, are confidential and may be legally privileged. It is for the intended recipient only. If you have received this message in error, please notify the author by replying to this e-mail. If you are not the intended recipient you must not use, disclose, distribute, copy print or relay on this e-mail, you must also delete this message from your computer system.

            Any views expressed by the sender do not necessarily represent those of A. Share and Sons Limited. ScS does not accept legal responsibility for any insecurity of Internet communications. Our messages are checked for viruses, but we do not accept liability for any viruses which may be transmitted with this message.


            From: Admin | Premier Park Ltd [mailto:admin@premierpark.co.uk]
            Sent: 07 March 2018 10:58
            To: Chesterfield Admin
            Subject: RE: Parking charge notice. Premier park



            Good Morning xxxxx,



            Please be advised that the driver of this PCN has appealed to the independent adjudicator POPLA.



            When a driver appeals to POPLA they take both evidence from Premier Park and the driver into consideration and decide an outcome.



            If POPLA were to approve the drivers appeal the PCN would be cancelled free of charge.



            However, if POPLA were to find in Premier Parks favour the PCN would stand at £100.00 and we would be bound by their decision.



            Therefore as this PCN is still in the process of appealing to POPLA, we would be unable to cancel this PCN for you.



            Kind Regards

            Comment


            • #7
              Customer is refusing to pay us the balance until this is removed.
              lol, good for you ! ( although point made I'd get it sorted out so you don't end up damaging your credit file too ! )

              I'll stop rambling now, let someone who can help give you a hand with next steps, if any ...

              ostell ?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                I've now received an offer to settle letter to avoid court proceedings. What should I do?

                Comment


                • #9
                  The response from Premier to the request from SCS should have been to say yes sir. The principal can tell the agent to cancel at any time. Get back on to SCS head office and complain that their agent is refusing to follow valid requests made to them. This is adding to the cost of your purchase.
                  SCS Sofas
                  Mr David Knight Chief Executive
                  Email David.Knight@scs.co.uk
                  (courtesy of ceoemail.com)

                  If it got to court it would not go down well if you show that the agent refused the request of the principal

                  Write back to them stating that their principal has asked them to cancel and continuing with action is perverse and would not be looked on lightly by any court.

                  Comment


                  • #10
                    Does this sound ok for a reply to scs?

                    I've been advised to contact you about a parking charge notice that I received while buying a carpet and sofa from your store at chesterfield. I was advised by the staff there that I would have to appeal as they can't get involved. After my appeal was refused I was advised to appeal to popla. While awaiting response I contacted scs store manager Josh who contacted premier park to ask to cancel the parking charge notice. The response from premier park was( because I had appealed to popla it was out of their hands and would be bound by their decision.)
                    So why was I told by a member of staff to appeal when they could have got in touch with premier park to cancel the pcn as I was a genuine customer that over stayed the time slot of 2 hours by 21 minutes.
                    Popla then also refused my appeal as they don't deal with mitigation circumstances.
                    Now I received a £100 offer to settle to avoid court proceedings that is adding to the cost of my purchase. I'm very disappointed with you staffs advice which has cost me a lot of time stress and increase in sale price. This could have been avoided from the first phone call I made to scs. I have a copy of the email form your principle asking to cancel and continuing with action is perverse and would not be looked on lightly by any court. Can i ask for your help in resolving this issue as i feel I have been penalised for making a decision to buy a sofa and carpet from your store.

                    Comment


                    • #11
                      Just received this back.


                      I have been passed your details regarding a PCN at Markham retail park, please can you give me the PCN details so I can contact the parking company to get this resolved for you?

                      sounds like a step in the right direction.

                      ostell thankyou for your input

                      will let you guys know the verdict.

                      Comment


                      • #12
                        Originally posted by Ricky1989 View Post
                        Just received this back.


                        I have been passed your details regarding a PCN at Markham retail park, please can you give me the PCN details so I can contact the parking company to get this resolved for you?

                        sounds like a step in the right direction.

                        ostell thankyou for your input

                        will let you guys know the verdict.
                        I would write to the parking company letting them know that you have contacted the SCS CEO and they should expect contact from his office, therefore they would be wise not to file a claim.
                        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                        Comment


                        • #13
                          Thankyou yes good idea will send one now.
                          Appreciate all your help guys.
                          amazing forum.

                          Comment


                          • #14
                            Great news just received an email from SCS CEO

                            Hi Ricky

                            Your ticket has now been cancelled


                            thank you people for your input

                            ostell
                            Amethyst

                            jaguarsuk
                            ​​​​​​

                            Comment


                            • #15
                              Good stuff, a bit of common sense at last. You can pay your balance and have your new carpets fitted with sofa delivered now.
                              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                              Comment

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