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Parking Eye DW Fitness Wigan

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  • Parking Eye DW Fitness Wigan

    Hi,

    I've appealed to POPLA on behalf of my M-in-L, who entered an incorrect number plate when visiting NHS facilities housed at DW Fitness Wigan last October - where the car park is managed by PE. She double typed a couple of digits, and although it was clear the ticket plate related to her car, and it was accepted by PE that she paid, they are challenging my evidence via Popla based on the fact that it was clearly shown on signage that it's the user's responsibility to ensure the correct VRN is input and displayed. They originally offered a £20 charge as settlement, but my m-in-l was suitably affronted that she should have to pay this given she paid for parking and did not accept.

    So currently, my Popla appeal is based on the usual templates, and PE have responded with various quotes from Beavis, and a Letter of Authority from the Landowner stating demonstrating they have the authority to charge and pursue etc. I did ask for copies of the contract, but they have simply provided Popla with the Letter of Authority signed by the Landowner.

    I think based on this, POPLA are likely to reject my appeal, and there is a good chance it will go to small claims court. Despite being intensely stressed by the experience, I have reassured m-jn-l that I will pay any small claims court costs if she doesn't want to pay up - she doesn't feel minded to pay a penny to Parking Eye.

    Any early advice on whether this is worthwhile would be mush appreciated? I have noted the PE vs Heggie case form come years back, which ruled in the defendant's favour as they had paid for a ticket but made an error inputting the details, but wonder if it's still relevant. Bizarrely, my m-in-l even got her local MP to write to PE on her behalf. The MP has never had a reply, but PE have included the letter in theur evidence submission to POPLA.
    Tags: None

  • #2
    Re: Parking Eye DW Fitness Wigan

    The biggest question is whether she did or didn't enter the correct registration number.

    http://nebula.wsimg.com/bfcdd95c68b8...&alloworigin=1

    What did the gym say when challenged ?

    M1

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    • #3
      Re: Parking Eye DW Fitness Wigan

      She didn't enter a digit twice, it was a defective keyboard and the contacts bounced, a well know phenomena in electrical equipment.

      Comment


      • #4
        Re: Parking Eye DW Fitness Wigan

        Well, as expected, POPLA appeal lost. My m-in-l insists she typed in the details correctly, but it could have been human error. The initial two letters appear twice, and the last letter is incorrect. It is still quite clear it is her registration however.

        I'm now waiting to see if a court summons arrives. How are these situations usually viewed by the courts?

        Comment


        • #5
          Re: Parking Eye DW Fitness Wigan

          Also, no response from written communication with DWsports - neither to my email or letter from local MP (as yet£!

          Comment


          • #6
            Re: Parking Eye DW Fitness Wigan

            The courts at the lowest level are a bit of a lottery as it varies from judge to judge and sometimes it even appears as though it depends on their mood ! One would hope the case i linked to would be a typical response to the issue if it ever got there.

            As for DW if they haven't replied, shame them on social media.

            M1

            Comment


            • #7
              Re: Parking Eye DW Fitness Wigan

              Sadly they have no shame. I've been ignored on Facebook and Twitter by them so far. Not the only one either.

              Comment

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