Parking fine

[Oscar's mum]

I went to POPLA to appeal a parking fine issued by Parking Eye which was not upheld. The landowner has subsequently agreed that the charge/fine should be cancelled but Parking Eye say they can't because POPLA did not uphold my appeal. Is this correct?

[ostell]

Absolute rubbish by Parking Eye. Have you got documentation that the land owner has requested PE to cancel? If the Principal orders the subcontractor to do something then the subcontractor should obey. This applies at any time, even up to the point of court proceedings being started. Keep confirmation of the cancellation request in a safe place.

POPLA appeals are binding on the parking operator but not on the motorist. PE just want their money and will say anything to get it.

[Oscar's mum]

I thought that was the case. I have emails from Holiday Inn asking for the charge to be cancelled. I also have a Letter before county court claim and not sure what to do next.

[ostell]

You respond to the letter by pointing out that the principal has demanded that the charge be cancelled and has been ignored. Any claim is vexatious and bound to lose.

[Oscar's mum]

Will do. Thanks for the advice. I'll let you know how it goes.

[Oscar's mum]

Just re-read the letter before claim from Parking Eye. Information on the back talks about ADR and suggests this takes place. If I am writing to them should I mark the correspondence 'without prejudice' as they suggest. Also should I fill in the Reply Form that has been sent to me.
Is it possible that the contract between Holiday Inn (the principal in this case) and Parking Eye has a clause that says that if POPLA reject an appeal then they can't cancel a PCN as requested by the Principal. If Parking Eye say this is the case, can I ask for a copy of the contract or is that 'commercial in confidence'.
Sorry to be asking such basic questions, but I have never been in this situation before and want to be sure I get it right as I will go to court if necessary. Thanks.

[ostell]

If you would like the judge to see how reasonable you are being then don't put Without Prejudice. And reasonable is writing to them to point out that their principal has told them to cancel and yet they are continuing.

It's already been to ADR.

I would doubt if the contract would contain such a clause, it's just that PE have spent out on POPLA and want their money back. You can ask for a copy of the contract if they are going to use that in court to justify the charge.

[Oscar's mum]

Thanks for the advice. I would appreciate your view on my particular case, so briefly:
4th May I used the Holiday Inn at Fareham to meet with the Hampshire County School Improvement Manager (David Hardcastle) in my voluntary capacity as a chair of governors at a local school. I have emails from his PA requesting that I meet with Mr Hardcastle, my email accepting the invitation, and then a witness statement from Mr Hardcastle stating that we met on the day and time in question. These have all been sent to PE as evidence that I genuinely used the hotel. They have simply ignored this and just sent me standard letters in which they ask for evidence!! PE have not said why my evidence was not acceptable, nor did they ever refer me back to the landowner if I felt the PCN was unjust. I was not told that if I went to POPLA and the appeal was not upheld then apparently the PCN could not be cancelled in any circumstances. POPLA was only concerned that the PCN had been issued correctly. There was no requirement to pay to park at the hotel, but simply to register my details with reception. Unfortunately, I failed to do this as I simply didn't see the signs. I had used the hotel on other occasions before this when there was no system in place, so I was not expecting anything different on this occasion. I accept it was my error and that I should have been more observant, but clearly there is room for manoeuvre provided you can provide evidence that is acceptable to them, whatever that may be.

[ostell]

It was not your error, the signs were non obvious. PE do not want anyone to tell them to cancel as it means they do not get their money. PE, as with all the other parking companies, appear to make up the rules as they go along. There is no legal reason why PE can't obey the principal.

You have already sent them a copy of that letter that asked them to cancel, there is not much more you can do.