Parking eye fistral beach

lcbandituk

changed my mind did the short one on its own lol

Coupon-mad

That's fine; you can use the other paragraph, suitably tweaked to make sense for an independent adjudicator, at POPLA stage. Come back for help then (before rushing to appeal again) as a 'long and strong' POPLA appeal is what we suggest and there are other paragraphs to ensure you include.

Guys_Dad

If your main challenge is going to be on the poor signs, then, in my opinion, you will need to be objective rather than subjective. By that, saying they were too high, too small or in the wrong place is a subjective opinion.

To make it objective, and possibly make yourself an urban legend by opening the door for thousands who have been caught out, you need to do some measuring - or get someone to fo it for you if not local.

The BPA Guidelines do have a section on signs - Appendix B here
http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

If you can show that the signs fail to comply - and pictures with a tape measure would be a gem, then you are on a winner, even without all the other standard POPLA appeal points.

lcbandituk

i will endevour to ask my friend if he can take a tape measure with him next week, but not promising on that one as he is going to the music festival there lol he's definately going to get me plenty of pics and I have mentioned measuring to him, we shall see what occurs

EHBA

Just so we are factually correct on Fistral/Parking Eye, Britannic Industries lease the land from the owners, Cornwall County Council.

Source - undoubted.

The Newquay Voice article on Fistral/PE suggested that Britannic Industries owned both the surf centre and the land but hey, they are a local paper.

lcbandituk

Received parking eyes appeal rejection letter this morning complete with poplar code and a paragraph saying they will extend the lower payment amount for another 14 days, nice of em eh?? Lol

So I now need to do the main appeal to popla with the help of you guys, waiting to see if I have pics of the signage

Coupon-mad

lcbandituk wrote: »

Received parking eyes appeal rejection letter this morning complete with popla code and a paragraph saying they will extend the lower payment amount for another 14 days, nice of em eh?? Lol

So I now need to do the main appeal to popla with the help of you guys, waiting to see if I have pics of the signage

Wow, they are getting desparate as they keep losing at POPLA! See the recent posts in the 'POPLA decisions' sticky newar the top of this forum.

Here's a 'POPLA examples' post I did recently for this stage:

https://forums.moneysavingexpert.com/discussion/comment/61968045#Comment_61968045

I know the appeals are long but they aren't rocket scence when you actually read them! They just contain the 'obvious/usual' stuff about lack of clear & compliant signage /it's an unenforceable penalty /no compliant contract with landowner /no grace period shown /no genuine pre-estimate of loss shown /cameras not checked properly /PE's paperwork not being compliant, etc!

Create your own version based on them and post it here, no worries about PE seeing it as they'll see it soon enough when they lose again at POPLA.

lcbandituk

I will check that out, thanks coupon mad, just for info, parking eye are now quoting certain court cases on their rejection letters and also stating things about a contractual agreement being in place, not sure if you are aware of this? (I'm sure you are but thought I'd mention it)

lcbandituk

oops seems the link isn't working so can't check it out at this moment in time

Coupon-mad

lcbandituk wrote: »

I will check that out, thanks coupon mad, just for info, parking eye are now quoting certain court cases on their rejection letters and also stating things about a contractual agreement being in place, not sure if you are aware of this? (I'm sure you are but thought I'd mention it)

Yep, seen their generic rejection letter with the Stephen Thomas 2008 case! And their car park signs show it's NOT a contractual agreement.

Well two can play at that 'court cases' game, see post #44:

http://forums.pepipoo.com/index.php?showtopic=79937&st=40

I post as SchoolRunMum on pepipoo and there are a few court cases mentioned there (albeit that's part of a defence for someone who didn't do the POPLA thing and has a small claim). Can be used for POPLA too if you like the legal cases citations, and bear in mind that POPLA adjudicators are law graduates so they should lap it up!