Please help with parking eye popla appeal.

T25Camper

Hi all im a newbie here and this is my first post. ive just received an invoice from the very same carpark and have submitted an online appeal but im not holding much hope.

i got to the carpark at on the 2/7/13, and paid for the hour to take me upto 6pm at which point the evening charge kicks in and at the same time paid the extra for the evening charge. £4.70 in total on one ticket. luckly i still have the ticket but i notice now it says 1920 ( im guessing thats when we shoiuld have left) on it we left the carpark at a little later than the 1920 acording to the invoice sent to me.

any idea what my chances are or should i just start getting together my popla appeal?

im guessing that ill now have no chance of the reduced to £60 charge. or do i just ignore the letters and hope they give up?

Stroma

Please create your own thread below. And look at my signature below, we don't need precise details as it identifies yourself to parking companies. So edit the above post quickly
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

T25Camper

Stroma wrote: »

Please create your own thread below. And look at my signature below, we don't need precise details as it identifies yourself to parking companies. So edit the above post quickly

have done Thanks!

FingersLily

FingersLily wrote: »

Guys Dad - you helped me on another thread with my appeal against PCM which I sent to POPLA. Their reply to me cut off the end of my appeal but I just assumed it was the email. Are you saying part of my appeal is now missing & should I do something about this?

Actually I'll ask this on my own thread. Sorry!

Guys_Dad

FingersLily wrote: »

Guys Dad - you helped me on another thread with my appeal against PCM which I sent to POPLA. Their reply to me cut off the end of my appeal but I just assumed it was the email. Are you saying part of my appeal is now missing & should I do something about this?

Can't say 100% for certain, but I would bet it has been cut off.

Dead simple to fix. Just send the full text by post telling POPLA that you believe their on line system may have truncated your appeal and they should use the full text supplied. And ask if they would be kind enough to confirm receipt of this letter.

Give them a couple of weeks to confirm and if no reply, send them an email to seek confirmation.

UNITED4EVA_2

Hi Guys Dad,

I should be ok as i posted it Still not heard anything

Thanks

UNITED4EVA_2

Hi all,

Just a quick update, i have received today in the post Parking Eyes 41 page bundle of evidence, contains mostly pictures of all the signs in the car park, in wich the smallprint is still unreadable!! It also contains a witness statement signed by a director of parking eye that is on behalf of the landowner (not signed by the landowner) saying they have the authority to issue and pursue parking charges. Also there is a piece that says parking eye can confirm that the site is on private land, is not council owned and that they have written authority to operate and issue parking charge notices at the site from the landowner. (Again no written evidence from the landowner) Also it says that they calculate that the £100 fine is a genuine pre estimate of loss and have wrote down the usual things, ie, maintenance of signage, staff, number plate recognition system, membership and other fees and general costs, stationary and postage. They haven't provided any evidence of all the other points that i set out in my appeal.
Will the appeal judge accept a witness statement on behalf of the landowner, signed by a parking eye director, saying that parking eye have the authority to issue these fines???? Do they actually need evidence from the landowner themselves???
Thanks

Guys_Dad

Once again the PPCs can't understand what they are required to do, even when POPLA spoon feeds them..

Stroma kindly posted a thread on the recent POPLA/BPA secret teach in and out of that, the following "Witness statement" was suggested . ( https://forums.moneysavingexpert.com/discussion/4727716 ) Witness statement A.

Now you will see that it requires the landowner to sign it, not the BPA director.

So appeal on that point.

Of course, all the other usual appeal points are valid as well and quote from the POPLA Appeals previous decisions that the costs that the PPC are claiming are not pre-determined losses as a result of your contravention but are costs of running the business.

But interesting to see they are trying on the Witness statement already. Did it look like the approved template by any chance?

WITNESS STATEMENT



On behalf of [landowner] I confirm that:

1. The site is [name of site].
2. The Landowner is [landowner], who is the owner of the site.
3. The Operator is [operator]
4. The Operator has the authority of the Landowner to undertake parking management, control and enforcement at the site.
5. This authority is contained in an agreement dated [date] running from [date] to [date].
6. The Operator is authorised by the Landowner to issue parking charge notices where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking.
7. The terms and conditions are as clearly set out on signage at the site and, where applicable, with any permit or dispensation for use at the site.
8. The issuing of parking charge notices is subject to the agreed criteria and exemptions, as also as clearly set out on signage at the site and, where applicable, with any permit or dispensation for use at the site.
9. The Operator is authorised to issue a parking charge notice for breach of any of the terms and conditions referred to above.
10. The Operator is authorised by the Landowner to pursue the outstanding parking charges in accordance with the British Parking Association Approved Operator Scheme Code of Practice.

I confirm that I am authorised to make this statement on behalf of the Landowner and that the above information is true to the best of my knowledge and belief.



……………………………………………………………..
Signature


Name………………………………………………………………

Position……………………………………………………………

For and on behalf of [landowner]

Date………………………………………………………………..

Umkomaas

GD

Now you will see that it requires the landowner to sign it, not the BPA director.

OP says it's signed by a PE Director (not BPA Director - in case of any misunderstanding by OP when penning the appeal) - not that it matters in reality as neither should be able sign 'on behalf of a landholder'.

My only concern is that if the wrong Director was included in the appeal, whether POPLA might decide the appeal point is invalid as a result and reject that point - purely in their role as independent assessor of course!

Guys_Dad

Umkomaas wrote: »

GD



OP says it's signed by a PE Director (not BPA Director - in case of any misunderstanding by OP when penning the appeal) - not that it matters in reality as neither should be able sign 'on behalf of a landholder'.

My only concern is that if the wrong Director was included in the appeal, whether POPLA might decide the appeal point is invalid as a result and reject that point - purely in their role as independent assessor of course!

Sorry, Hand typing faster than mind acting. You are, of course, correct. Make sure that you don't make my mistake.

Still want to see if the PPCs are using the template already, though, albeit incorrectly.

Of course, even if signed by someone on behalf of the landowner, I would also want to check with the landowner that any "witness" who does sign an appeal purporting to work for the landowner is, in fact, a bona fide empolyee/director who has had sight of the contract and is empowered by the landowner to sign such a document.