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POPLA Appeal - Advice appreciated
Comments
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PE may be trying to close this loophole by getting new contracts signed.
So I think future POPLA appeals that focus on the contract issue should ensure they ask for copy of the dated contract in force at the time of the issue of the fake PCN.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 Street0 -
But it's not as easy as that, first question I would be asking if it was my business is why a change in contract?When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
I agree, I just wonder what is in the contract that Parking Eye does not want anyone to see. I think if they produced them they would probably win, that would seem to be the assessment in our case.0
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But it's not as easy as that, first question I would be asking if it was my business is why a change in contract?
Accepted - if it's a savvy business, but there's probably many who just sign on the dotted line, trusting their oh so helpful, oh so efficient PPC :eek: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 Street0 -
Here is one for the legal beagles. If POPLA have determined that Parking Eye do not have sufficent authority to issue parking charge notices at this particular car park. What would the chance be of someone who has already paid the fee, being able to claim the money back. We know Parking Eye will never refund, but what do we think a court would say, if a claim was made via small claims ?.0
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I suspect PE would quickly show in their defence that they do!
POPLA have only found that PE haven't shown that they have authority - not concluded that they do not have authority. I suspect PE do have authority but they seem very funny about showing their contracts!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »I suspect PE would quickly show in their defence that they do!
POPLA have only found that PE haven't shown that they have authority - not concluded that they do not have authority. I suspect PE do have authority but they seem very funny about showing their contracts!
I cannot understand this, there must be something in them that they do not want to disclose, I thought this might be a way of pulling them into the open. Perhaps a word in the editor of the local paper might work, Parking Company found not to have the authority, might make interesting reading0 -
I agree, I just wonder what is in the contract that Parking Eye does not want anyone to see. I think if they produced them they would probably win, that would seem to be the assessment in our case.
This was the significant bit: "In any event neither ParkingEye nor Somerfield actually had any settled intention of issuing legal proceedings if the money was not paid. The contract provided by Schedule 2 that if the registered keeper did not pay after a fourth letter, no further action would be taken but detailed records of non-payers and persistent offenders would be stored. If Somerfield decided to sue ParkingEye was to assist."
I would suspect that the current contracts contain similar clauses to this, which is why PE don't want to make them public.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
If you remember the case of Parking Eye v Somerfield, where the supermarket terminated PE's contract early, and PE sued for lost earnings, there were references to the contract in that Judgment.
This was the significant bit: "In any event neither ParkingEye nor Somerfield actually had any settled intention of issuing legal proceedings if the money was not paid. The contract provided by Schedule 2 that if the registered keeper did not pay after a fourth letter, no further action would be taken but detailed records of non-payers and persistent offenders would be stored. If Somerfield decided to sue ParkingEye was to assist."
I would suspect that the current contracts contain similar clauses to this, which is why PE don't want to make them public.
I strongly suspect this too & if the true nature of their contracts were known then PE's whole private parking protection racket would crumble.
The alternative hypothesis is that PE give the stores a backhander e.g. £10 for every ticket issued which would be PR poison for the likes of Asda etc if this were known.
In either case neither party wants the true nature of the contract revealed.0 -
Tesco certainly boast on some of their signs that any profits from PCNs go to charity. Where are they getting that money from to make that "profit"? Could that be a backhander? Some of the self-ticketing PPCs pay a bounty of £10 or so fro every ticket issued.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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