parking eye and popla, help please...

Stroma

Please start your OWN unique thread below
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

clipboard2

nigelbb wrote: »

This is a good summary on what needs to be included when you submit a case to POPLA. http://forums.moneysavingexpert.com/showpost.php?p=61491645&postcount=17

PE claim that by reading their signs you entered into a contract for parking & that the charge is for breaching the T&Cs of that contract. In your case there is a very strong argument that you cannot have entered into a contract as there is evidently a secret clause of which you were unaware that if you spend a certain amount that then there is no charge. I haven't actually seen a case before where PE have actually admitted this secret clause but then said that you didn't spend enough & have still kept the clause secret. BTW how much were your receipts for? That point alone should assure a win at POPLA.

Bargepole's summary is excellent - crystal clear plain English - intelligible to all. As is post 5 above (with suggested tweaks added).

Can bargepoles above posts be made a sticky please?

This valuable information would then be readily accessible to all and offer immediate reassurance to newbies as they explain why PPCs payment requests don't have a legal leg to stand on - and that these same principles apply to all PPC invoices.

Guys_Dad

clipboard2 wrote: »

Bargepole's summary is excellent - crystal clear plain English - intelligible to all. As is post 5 above (with suggested tweaks added).

Can bargepoles above posts be made a sticky please?

This valuable information would then be readily accessible to all and offer immediate reassurance to newbies as they explain why PPCs payment requests don't have a legal leg to stand on - and that these same principles apply to all PPC invoices.

The link to the 6 point summary - bargepole's post - actually showed my original 5 point post, with the bargepole adding a valuable 6th point improving the list. (Not trying to make a territorial claim .)

You will see a section head "Disabled Drivers". I was hoping coupon mad would be able to add a few points here.

Equally, my original 5 points were a 1st draft and I encourage others to add to them as bargepole did, so that, as you suggest, it may be a reasonably simple but comprehensive, checklist to help with POPLA appeals.

Coupon-mad

Guys_Dad wrote: »

The link to the 6 point summary - bargepole's post - actually showed my original 5 point post, with the bargepole adding a valuable 6th point improving the list. (Not trying to make a territorial claim .)

You will see a section head "Disabled Drivers". I was hoping coupon mad would be able to add a few points here.

Equally, my original 5 points were a 1st draft and I encourage others to add to them as bargepole did, so that, as you suggest, it may be a reasonably simple but comprehensive, checklist to help with POPLA appeals.

Post #8 here was written for a POPLA appeal from a Disabled driver who was showing no Blue Badge:

http://forums.pepipoo.com/index.php?showtopic=78025

It can easily be amended to suit an alleged 'overstay' by a disabled person instead - both situations are unlawful breaches/harassment by the PPC, IMHO.

Do you want me to add this text somewhere on a sticky?

Guys_Dad

Coupon-mad wrote: »

Post #8 here was written for a POPLA appeal from a Disabled driver who was showing no Blue Badge:

http://forums.pepipoo.com/index.php?showtopic=78025

It can easily be amended to suit an alleged 'overstay' by a disabled person instead - both situations are unlawful breaches/harassment by the PPC, IMHO.

Do you want me to add this text somewhere on a sticky?

My aim as to have a bullet point short list of catch all points, but I can see the problems with Disability (probably why I chickened out!!:o )

Something along the lines of

Blue Badge. The Equality Act requires that PPCs make special provision for disabled drivers. Blue Badges, which are not applicable on private land in any rate, are only one way that PPCs may use to recognise disability. If you receive a ticket for not displaying a Blue Badge, when you receive the NTK, inform the PPC immediately of your disability and demand that the ticket be rescinded. Then a reference to the relevant legislation and BPA COP

Then a short bit on disability and extra time to get back etc.

Nursing mothers.

And anything else relevant.

But trying all the time to keep it brief. Tailored advice can be given for specific situations.

I have already modified the advice to take into account your point about NTK, see below, new point 1.

1. Do not make an appeal to the PPC till you receive the Notice to Keeper. This gives you time to assemble your case.

2. I/We didn't do it. If it is genuinely the wrong vehicle and you can prove it, this is the clincher. If it is an ANPR system, and they are using "first in last out", demand a full extract of all photos for the period in question that shows you entering and leaving twice, and if you have receipts that shows you elsewhere in between, so much the better.

3. The PPC has no contract with the landowner that allows them to charge me. Always demand that they produce documentation to POPLA. This should be in EVERY POPLA appeal.

4. The signs are not compliant with the BPA requirements. Check out the BPA COP and get them on the slightest error.

5. They failed to keep to the timescales as laid out in the BPA COP and POFA. Keep the paperwork and ensure that they have followed that to the letter.

6. The amount they are trying to charge is too high. Currently the BPA suggest £100 is the upper limit of the non-discounted charge.

7. They are not offering at least a 40% discount for "prompt payment" and are not giving you 14 days to pay that amount.

8. They have alleged a breach of contractual terms, but have not provided a breakdown of their actual losses arising from the breach, or any justification of their charge as a pre-estimate of loss. Under contract law, a party can only claim for their actual or liquidated losses, not an arbitrary sum. Currently, this point is the most common reason POPLA appeals are upheld.

Disabled Drivers' section.