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Pesky Parking Eye - Should I or Shouldnt I pay?

124

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  • Fruitcake
    Fruitcake Posts: 58,150
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    edited 17 March 2017 at 5:57PM
    Parking at Southampton Town Quay is [STRIKE]subject to [/STRIKE] non-relevant land within the meaning of the POFA 2012 and subject to [STRIKE]where[/STRIKE] Byelaws. [STRIKE]apply.[/STRIKE]

    No GPEOL is dead since the Beavis case in 2015.

    Embed images into your appeal rather than use links. That way the assessor is forced to look at them.
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  • Coupon-mad
    Coupon-mad Posts: 130,572
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    What is #6 doing there, two years after ''no GPEOL'' was thrown out?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Fruitcake wrote: »
    Parking at Southampton Town Quay is [STRIKE]subject to [/STRIKE] non-relevant land within the meaning of the POFA 2012 and subject to [STRIKE]where[/STRIKE] Byelaws. [STRIKE]apply.[/STRIKE]

    No GPEOL is dead since the Beavis case in 2015.

    Embed images into your appeal rather than use links. That way the assessor is forced to look at them.

    1. Shall I remove 6 then? - I found it on another appeal that someone submitted recently

    2.I have now embedded all the images I can.

    Should I add anything else to the last paragraph in your opinion?
  • Coupon-mad wrote: »
    What is #6 doing there, two years after ''no GPEOL'' was thrown out?

    You must understand Coupon-mad I have never done this before I do not know that the GPEOL was thrown out two years ago. I have copied this from another person who submitted their POPLA appeal recently.

    Anything else to add or should I just post to POPLA and resume life : )?
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    I have copied this from another person who submitted their POPLA appeal recently.

    Who used 'no GPEOL' recently on here? Never seen one, we always tell them to take it out. Never mind, as long as you remove it! #5 is old as well, can't have been from a recent one surely? It adds nothing really.

    You can improve your point #3 by using the longer template about the same issue, have a look at this one:

    http://forums.moneysavingexpert.com/showthread.php?t=5611231

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Coupon-mad wrote: »
    Who used 'no GPEOL' recently on here? Never seen one, we always tell them to take it out. Never mind, as long as you remove it! #5 is old as well, can't have been from a recent one surely? It adds nothing really.

    You can improve your point #3 by using the longer template about the same issue, have a look at this one:

    http://forums.moneysavingexpert.com/showthread.php?t=5611231

    HTH

    Getting there now I have removed point 6 and looked at the link you have given me thank you.

    For point 3 in my appeal I have put -

    [FONT=&quot]ParkingEye has no standing or authority to form contracts with drivers in this particular car park, nor to pursue charges


    [/FONT]
    [FONT=&quot]However, I cannot find any mention of this in the POPLA appeal wall of text from link, I can only assume it's worded differently ?

    Please can you advise where I should be looking? [/FONT]ie which point in their submission I should add?
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    It's #4 in his version.] and is more up to date wording than the one you found so far. Read his entire wall of text, it is good (but needed to be better separated in the forum post to make it more easy on the eye).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    It's #4 in his version.] and is more up to date wording than the one you found so far. Read his entire wall of text, it is good (but needed to be better separated in the forum post to make it more easy on the eye).

    Hi thanks Coupon-mad I am not too good at looking at walls of text and finding info.

    Shall I change my point 3 to all of this then (below)? - And then once I have done that do I have the green light from you to send to POPLA?

    4. ParkingEye have provided no evidence of Landowner Authority - the operator (ParkingEye) is put to strict proof of full compliance with the BPA Code of Practice

    As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

    Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

    Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA code of practice (CoP)) and basic information such as the land boundary and bays where enforcement applies/does not apply. Not forgetting evidence of the various restrictions which the landowner has authorised can give rise to a charge and of course, how much the landowner authorises this agent to charge (which cannot be assumed to be the sum in small print on a sign because template private parking terms and sums have been known not to match the actual landowner agreement).

    Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

    7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

    7.3 The written authorisation must also set out:
    a. the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

    b. any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

    c. any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

    d. who has the responsibility for putting up and maintaining signs

    e. the definition of the services provided by each party to the agreement
    Please see section 7 below regarding the types of vehichle that appear to be allowed to wait in this area without charge. i.e. Taxis etc.
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    Yes that's the usual template 'no landowner authority' point. Yep, get it submitted as a PDF under 'OTHER'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I have now submitted my appeal to POPLA
    a big Thank You for all your help. I will let you know the result as soon as I get it. :beer::T:A
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