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ParkingEye at Portishead Marina Quays

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  • PGHarper
    PGHarper Posts: 24 Forumite
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    :o lol

    I'll check the document again.
  • PGHarper
    PGHarper Posts: 24 Forumite
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    I am completing my appeal tonight. One final question! On the POPLA website it gives 6 options for type of appeal. Does it make much difference as my appeal could come in three categories:

    I was not improperly parked
    I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.
    Other, as it includes both and other points

    This seems petty after all the help you have given already, but I don't want to mess it up now!
  • Fruitcake
    Fruitcake Posts: 58,246 Forumite
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    PGHarper wrote: »
    I am completing my appeal tonight. One final question! On the POPLA website it gives 6 options for type of appeal. Does it make much difference as my appeal could come in three categories:

    I was not improperly parked
    I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.
    Other, as it includes both and other points

    This seems petty after all the help you have given already, but I don't want to mess it up now!

    Choose "Other" and attach your appeal as a pdf. Type see attached pdf in the comments box as your appeal won't fit in the character limit window. Take a screenshot when you send it.
    I married my cousin. I had to...
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    All my screwdrivers are cordless.
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  • PGHarper
    PGHarper Posts: 24 Forumite
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    Just thought I would give an update on the progress of the appeal.

    I submitted appeal on 17/10/16
    Parking Eye replied on 7/11/16 giving me their evidence, all 52 pages of it!
    POPLA tracking says they submitted on 01/01/0001???
    They are assessing at the moment.

    I thought I had a chance to reply to ParkingEye's submission? Or do I just have to wait now?

    Any advice?

    Thanks
  • Castle
    Castle Posts: 4,199 Forumite
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    PGHarper wrote: »
    Just thought I would give an update on the progress of the appeal.

    I submitted appeal on 17/10/16
    Parking Eye replied on 7/11/16 giving me their evidence, all 52 pages of it!
    POPLA tracking says they submitted on 01/01/0001???
    They are assessing at the moment.

    I thought I had a chance to reply to ParkingEye's submission? Or do I just have to wait now?

    Any advice?

    Thanks
    They have to send you a copy and you get 7 days to comment on it; if you haven't received it you need to inform POPLA ASAP
  • Edna_Basher
    Edna_Basher Posts: 782 Forumite
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    edited 11 November 2016 at 11:46PM
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    There's a long-standing glitch on POPLA's web portal such that if an operator's evidence is not received within 21 days of an appeal being lodged, it goes to this strange default 01/01/0001 setting. It looks like the portal must have gone to this default setting just before ParkingEye submitted their evidence to POPLA.

    POPLA don't allow new appeal points to be introduced - therefore go through each of your original appeal points one by one explaining why you are right and why ParkingEye are wrong. ParkingEye's evidence pack will be a standard issue for this car park and may not even address some of your points - where this is the case highlight ParkingEye's silence on a particular matter, explaining that POPLA should reasonably conclude from this silence that ParkingEye have accepted you point.

    Equally, you'll need to rebut any points that ParkingEye have made - otherwise POPLA will conclude that you agree with ParkingEye.

    POPLA's glitch means that you cannot post your rebuttal via their web portal. Instead, you'll need to submit your rebuttal by email to info@popla.co.uk. Ask POPLA to confirm that your rebuttal has been added to your case file and that it will be properly considered by the assessor.

    POPLA allow only 7 days (including the day the evidence pack was received) so you'll need to get your skates on.

    Edit: check this unsuccessful POPLA appeal just reported on pepipoo - http://forums.pepipoo.com/index.php?showtopic=108486

    In disallowing the appeal, the POPLA assessor has dropped some real clangers including concocting a bizarre rationale for deciding that byelaws were not in force.

    You can take nothing for granted with POPLA these days - hence a strong, clear and concise rebuttal could prove to be very important.
  • PGHarper
    PGHarper Posts: 24 Forumite
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    Thanks for the reply, I am trying to read everything quickly.

    I think I might have found a mistake on their behalf. Can someone just make sure I am not just clutching at straws.

    The contract they have sent through, It is heavily redacted! It is between ParkingEye Ltd and Quay Marinas Ltd. However the document is signed and dated on 20/06/2014 (‘effective date’) at the top of the agreement. At the bottom of the agreement the initial term is for “ A period commencing on the Effective Date and expiring after 24 months.” This means the contract they have provided me is out of date!

    Is this good, or will they just provide an updated version?
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    edited 13 November 2016 at 4:47PM
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    You have to draw that very clearly to POPLA's attention, therefore on the date of the parking event, by their own submission of evidence, PE did not have the authority of the landowner to be operating and issuing tickets. Obviously this will be alongside all the other stuff you'll be rebutting from their paperwork.

    After the POPLA decision you should consider suing them for misuse of your data, on the basis that if they had no contract to operate at this venue, they had no reasonable cause to access your data from the DVLA in the first place, let alone harass you with parking charge notices.

    See the following link:

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

    £750 is the recommended minimum pay out should you win the case.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • PGHarper
    PGHarper Posts: 24 Forumite
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    Just seen this, right at the bottom of their response:
    Please be advised that in clause 4.4 of the redacted contract inserted into Section G, the clause advises
    the following:
    ‘This Agreement may be terminated by either party on expiry of the Initial Term by the provision of at
    least 30 days’ written notice to the other party, prior to expiry of the Initial Term (for each year of the
    Initial term). If no such notice of termination is received by either party, this Agreement shall
    automatically continue in force for a further period equivalent to the Initial Term under the same terms
    and conditions contained herein unless terminated pursuant to Clause 12, and this same Agreement
    renewal process shall apply for every subsequent cycle thereafter.’
    ParkingEye can confirm this contract has not been terminated by either party, so the contract was
    effective on the date the charge was incurred.

    Does this affect how I reply?
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    PGHarper wrote: »
    Just seen this, right at the bottom of their response:



    Does this affect how I reply?

    If they've added that caveat it changes the point on duration of contract.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
This discussion has been closed.
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