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I would not normally contest a parking charge but under the circumstances, I feel duty bound to do so. Having had my appeals rejected by Parking Eye and POPLA, I have now received my third correspondence from Direct Collection Bailiffs which is headed up as FINAL NOTICE OF DEBT RECOVERY. I have outlined my case below and wondered if anyone could advise whether \i just cave in now or carry on to court:
Whilst I have some trepidation about the prospect of facing court action and the possible outcome, I feel that I have presented a solid case for having this parking charge overturned and firmly believe that neither Parking Eye or POPLA have given proper consideration to my appeal. Consequently it feels like I have no option but to contest this charge
On December 16, 2021, I frequented the Crown Plaza hotel in Glasgow, prior to attending a pantomime in the Armadillo next door. On leaving the premises, I entered my vehicle details in one of the ticket machines located between the hotel reception and the walkway to the car park and utilised my credit card to make a contactless payment for the required amount. The machine issued me with a receipt and when I left the car park, the barrier was locked in the permanent upright position.
Therefore, I was completely taken by surprise when I received the penalty notice several days later, as I was firmly of the belief that the parking levy had been paid at source. On searching through some paperwork, printed for business purposes, I found the pending payment for £5 on my credit card statement, although on further inspection, I could see that the payment was never completed. This is not something that I would not normally have picked up, particularly for such a relatively small amount
Fortunately, I was also able to locate the payment receipt in the front storage section of my car, where I had left it on the night. On examining it more closely, I could see the word “void” printed on the top, but given the size of the receipt and the print, the fact that the machines were busy due to everyone leaving the venue at the same time and the limited lighting in the corridor, this was a perfectly understandable oversight.
I presented this information to Parking Eye, confident that the charge would be overturned, but my appeal was rejected. I subsequently followed the appeal process through POPLA, who also rejected my appeal. Not only was I disappointed with the decision, but I was also taken aback by some of the content in their response to my appeal. They quoted an analogy, comparing my case with the purchasing of goods at Asda. I failed to see the relevance of this comparison. In Asda, there are various means of payment available, which are all electronically checked and there is a failsafe, whereby unpaid goods would set off an alarm upon exit. The failsafe in my case would have been the exit barrier, had it not been in the permanently open position.
Also, in the written response to my appeal, there were several references to the purchasing of a pay and display ticket, which is not the process used in this particular car park. All of this has me seriously questioning the level of diligence that has gone in to the consideration of my appeal
Whilst I have some trepidation about the prospect of facing court action and the possible outcome, I feel that I have presented a solid case for having this parking charge overturned and firmly believe that neither Parking Eye or POPLA have given proper consideration to my appeal. Consequently it feels like I have no option but to contest this charge
On December 16, 2021, I frequented the Crown Plaza hotel in Glasgow, prior to attending a pantomime in the Armadillo next door. On leaving the premises, I entered my vehicle details in one of the ticket machines located between the hotel reception and the walkway to the car park and utilised my credit card to make a contactless payment for the required amount. The machine issued me with a receipt and when I left the car park, the barrier was locked in the permanent upright position.
Therefore, I was completely taken by surprise when I received the penalty notice several days later, as I was firmly of the belief that the parking levy had been paid at source. On searching through some paperwork, printed for business purposes, I found the pending payment for £5 on my credit card statement, although on further inspection, I could see that the payment was never completed. This is not something that I would not normally have picked up, particularly for such a relatively small amount
Fortunately, I was also able to locate the payment receipt in the front storage section of my car, where I had left it on the night. On examining it more closely, I could see the word “void” printed on the top, but given the size of the receipt and the print, the fact that the machines were busy due to everyone leaving the venue at the same time and the limited lighting in the corridor, this was a perfectly understandable oversight.
I presented this information to Parking Eye, confident that the charge would be overturned, but my appeal was rejected. I subsequently followed the appeal process through POPLA, who also rejected my appeal. Not only was I disappointed with the decision, but I was also taken aback by some of the content in their response to my appeal. They quoted an analogy, comparing my case with the purchasing of goods at Asda. I failed to see the relevance of this comparison. In Asda, there are various means of payment available, which are all electronically checked and there is a failsafe, whereby unpaid goods would set off an alarm upon exit. The failsafe in my case would have been the exit barrier, had it not been in the permanently open position.
Also, in the written response to my appeal, there were several references to the purchasing of a pay and display ticket, which is not the process used in this particular car park. All of this has me seriously questioning the level of diligence that has gone in to the consideration of my appeal
