Parking eye charge - POPLA appeal rejected

[simond-123]

Hi all, I'm in a ridiculous situation here where my POPLA appeal was rejected a week ago and I have just been informed by my somewhat idiotic girlfriend that she binned all my letters/correspondence from parking eye and POPLA!!
I assume I am now in a position where I am going to have to simply pay this PCN? If someone could clarify this for me I would really appreciate it. Oh and I don't know if this is relevant but the POPLA reasoning for the rejection seems very week to me. The appeal was on the grounds of the charge being excessive however this does not seem to have been taken into account when giving the reason
The appellant’s reason for appeal is that the “parking charge exceeded”.
Considering carefully, all the evidence before me, I find that by parking at the site for longer that the permitted time, the appellant breached the terms and conditions of using the site.

[mystery1]

Re: Parking eye charge - POPLA appeal rejected

Well you could ignore it and see if they take court action.

I would like to see your appeal and the popla reply if at all possible. I don't even know what “parking charge exceeded” is supposed to mean.

M1

[simond-123]

Re: Parking eye charge - POPLA appeal rejected

Hi, thanks for replying so quickly. Unfortunately I don't have a copy of the appeal to POPLA but I have copied the entire POPLA response below.
The Operator issued parking charge notice number 0308/751arising out of the presence at Mostyn Champneys Retail Park, on 1 June 2013, of a vehicle with registration mark CX05Xxx
The Appellant appealed against liability for the parking charge.
The Assessor considered the evidence of both parties and determined
that the appeal be refused.
The Assessor’s reasons are as set out.
In order to avoid any further action by the operator, payment of the £85 parking charge should be made within 14 days.
Details of how to pay will appear on previous correspondence from the operator.
Reasons for the Assessor’s Determination
The operator issued a parking charge notice to a vehicle with registration mark CX05Xxx. The operator recorded that the vehicle was at the site for 4 hours.
The operator’s case is that there is clear signage at the site informing motorists that the site allows a maximum parking period of 3 hours. The operator submits that as the appellant’s vehicle overstayed this permitted time by 1 hour, they breached the terms and conditions of using the site and the parking charge notice was correctly issued.
The appellant’s reason for appeal is that the “parking charge exceeded”.
Considering carefully, all the evidence before me, I find that by parking at the site for longer that the permitted time, the appellant breached the terms and conditions of using the site.
Accordingly, this appeal must be refused.
Amber Ahmed
Assessor

[mystery1]

Re: Parking eye charge - POPLA appeal rejected

Sounds like it wasn't a great appeal

As above pay or ignore and potentially go to court.

M1

[simond-123]

Re: Parking eye charge - POPLA appeal rejected

And if I were to go to court (bearing in mind I am no way legally minded), what is the worse case scenario?

[mystery1]

Re: Parking eye charge - POPLA appeal rejected

Around £200.

M1

[ostell]

Re: Parking eye charge - POPLA appeal rejected

But you could take the gamble to present to the court that the charge was not a genuine pre-estimate of loss, as you should have done at POPLA. Other things need to be presented as well but others will no doubt add to this.

The gamble is you win, nothing to pay, or the charge plus costs (about £60 ?).

[simond-123]

Re: Parking eye charge - POPLA appeal rejected

And as I understand it parking eye are now taking pretty much everyone to court where as a year or 2 ago that was unheard of? Excuse my ignorance!