A couple of months ago we parked in the St Albans rail station car park (which is owned and run by a private company - it isn't a council one) and phoned up to pay by phone as the meter wasn't accepting cards (cash only). All good - paid by card over the phone and got a text saying if we wanted to park in future to reply to the text with the reg of the car. We did, system reply followed saying thank you for your text, if you want to park in future text number of days followed by 3 number security no on the back of the card we had paid with.
So following day, we text as instructed and get a text back saying 'thankyou - you have paid £7.70 and can park up to 2am on xxxx'. All good. Get back to car after work and there is a parking ticket. As this is a private car park these are not criminal charges but fines according to the terms and conditions of the car park. OH phones them and they say oh its probably a system error we will have a look. OH checks his account and no payment has been deducted.
Company contact OH to say that his registration didn't log properly on their system therefore they did not deduct any payment. But there was no text to this effect. OH appealed against the fine, which was rejected. He then appealed to POPLA which is supposed to be an independent body for private car parks (but there are lots of comments online questioning how independent they are). POPLA has now rejected the appeal stating that no payment was made according to the terms and conditions of the car park and therefore the 'fine' is valid.
I have read various things online stating that we should now refuse to pay as the 'fine' is excessive (£85) and is not in accordance with the loss to the company and it will go to the small claims court. In addition, their comment that we had not paid in accordance with the terms and conditions is in fact incorrect as according to their text we had in fact 'paid' before we left the car park. How were we supposed to know that their system had failed? Why offer a pay by mobile service if your systems are not set up to cope with it properly?
Has anyone had any success claiming against private car park 'fines' as oppose to council or police issued parking tickets?