Failed PE/POPLA APPEAL

[CYNthesys]

Hope someone can advise, on what next steps to take. I was helping someone with a PE/POPLA appeal which has failed. POPLA recommends to pay the PCN and appear to claim that in private car parks ANPR entry and exit times determines the time a contract begins and ignored/failed to address the green button argument I put forward per Court of Appeal case NCP v HMRC. POPLA said they couldn't consider whatever has happened in other cases?? Also the driver exited the car park within 9 mins 37 seconds of the expiry of his ticket but PE & POPLA chose to use ANPR entry time resulting in a 57 second overstay of the grace period and a charge of £100. A couple of questions, I always thought that damages for breach of contract were more or less limited to the loss incurred by the breach whereas the driver in this case is being charged roughly £1.75 per second which equates to £6,300 + per hour. How on earth can POPLA legally override the NCP v HMRC decision?

[ostell]

The charge is the payment agreed by the driver if they breach the conditions. This was found to be acceptable by the court of appeal in the Beavis case.

POPLA are not legally minded. The start of a contract cannot be backdated to before the t & cs were read and agreed.

Just wait to see if PE go to court. Did the NTK mention POFA on the reverse?

[CYNthesys]

Thank you. I'm not at home at the moment but will check this evening if POFA was mentioned

[CYNthesys]

Whilst the charge was found to be acceptable in the Beavis case is it also considered acceptable in paid for parking.The driver inserted 20p in the machine then realising they had insufficient change they inserted £1 coin. So all in all they paid £1.20 for 1 hours parking instead of £1.

[CYNthesys]

Does the Cargius case still apply to paid for parking, as PE & POPLA appear to rely on the Beavis case

[CYNthesys]

The charge is the payment agreed by the driver if they breach the conditions. This was found to be acceptable by the court of appeal in the Beavis case.

POPLA are not legally minded. The start of a contract cannot be backdated to before the t & cs were read and agreed.

Just wait to see if PE go to court. Did the NTK mention POFA on the reverse?

ooops, sorry forgot to post, yes POFA is mentioned on the reverse. Hope Im right, Ive advised driver to await a court claim. Yesterday driver received another PE email advising payment required within 14 days, failing which legal action will be taken, however still awaiting DSAR info requested from PE on 26th August. Both PE & POPLA ignored (amongst a multiple of other things) caselaw quoted in appeals by driver that apply to paid for parking on private land and they repeatedly rely on Beavis. If it does go to court and is found in PE favour is there a maximum the alleged debt could be increased by?. Also if it is just passed to debt collectors are debt collectors allowed to put markers on credit files?