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Parking eye appeal refused, Pay by phone servers down
Shell128
post Wed, 15 Aug 2018 - 15:24
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On a hospital visit, I tried to use pay by phone as I had no change, having successfully used his before. When the message showed servers were down, I screen shot the message and the one showing how much I was trying to pay. My appointment was I’m imminent so I had no choice after several attempts than to leave the car.
I received a parking eye pen, which I appealed on these grounds.
The appeal had today been turned down saying I chose not to pay. I sent the screen shots as proof but to no avail. It’s not my fault the servers were down, and I have always paid previously. Any advice?
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post Wed, 15 Aug 2018 - 15:24
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nosferatu1001
post Wed, 15 Aug 2018 - 15:26
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Well of course you appeal to POPLA

FRUSTRTION OF CONTRACT

THe OPERATORS payment processing was down, as such the contract was frustrated. No PCN can ever be issued as no payment can ever be owed once a contract is frustrated

You also go to PALS NOW (google them!) and tell them to cancel.
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Jlc
post Wed, 15 Aug 2018 - 15:53
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Was paying with coins available? In PE's (and POPLA's) eyes they will likely conclude that the charge was correctly 'issued'. The driver could have paid by cash or left.

Frustration of contract is generally considered where a contract has been agreed but then cannot be performed due to an unexpected event, e.g. the car breaking down or rocks suddenly blocking the exit.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Wed, 15 Aug 2018 - 15:54
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The contract was agreed to, but the operators own machiens could not process the offered payment.
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Shell128
post Wed, 15 Aug 2018 - 16:13
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QUOTE (Jlc @ Wed, 15 Aug 2018 - 16:53) *
Was paying with coins available? In PE's (and POPLA's) eyes they will likely conclude that the charge was correctly 'issued'. The driver could have paid by cash or left.

Frustration of contract is generally considered where a contract has been agreed but then cannot be performed due to an unexpected event, e.g. the car breaking down or rocks suddenly blocking the exit.



I explained in my appeal that I had no cash and as my appointment was close and there is nowhere else to park in walking distance then I had no option but to park, thinking that a screen shot would show their system at fault should there be an issue.
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Jlc
post Wed, 15 Aug 2018 - 16:16
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QUOTE (nosferatu1001 @ Wed, 15 Aug 2018 - 16:54) *
The contract was agreed to, but the operators own machiens could not process the offered payment.

Alas, you are not a POPLA assessor. You know they will likely conclude that the charge was correctly issued, not whether it is payable/enforceable.

Definitely worth pursuing with PALS as they may only be able to assist in the earlier stages.

This post has been edited by Jlc: Wed, 15 Aug 2018 - 16:19


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Wed, 15 Aug 2018 - 18:19
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ParkingEye can also argue that nothing prevented you paying after the appointment when the servers (presumably) were working again
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Shell128
post Fri, 17 Aug 2018 - 11:39
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I hadn’t heard of PALS before so will try that avenue, but it looks like I’m going to have to pay up I think which is annoying! Makes me sick, it’s not like they don’t have proof that I tried to pay!
Thanks for your help everyone!
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