Please help with parking eye popla appeal.

zzzLazyDaisy

Guys_Dad wrote: »

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.

Just as a by-the-by; as a lawyer I am intrigued that a witness statement may be deemed to be acceptable substitute for documentary evidence on such a crucial legal point.

I would be very surprised if a court, having been put on notice by a party that they require proof of the company's legal standing to issue charges (or indeed issue proceedings) would accept a simple witness statement without sight of the document relied on.

With the number of LBA's floating around, I guess it is only a matter of time before my belief in the court system is put to the test!

nigelbb

These so called 'witness statements' that PE are producing are nothing of the sort. Those that I have seen are merely a form that has been filled in & signed by the alleged representative of the property management company. They fail as witness statements on so many points that it beggars belief that the BPA Ltd & their cronies in POPLA should think that they are an acceptable substitute for sight of the relevant parts of the contract between the PPC & the landowner.

They are not valid witness statements for the following reasons (not an exhaustive list)
1) Not in the witness's own words
2) Not in the first person
3) Doesn't have the full name & address of the witness or as the statement is made in a professional capacity the address at which the witness works
4) Doesn't state whether the witness is party to the proceedings or is an employee of such a party
5) Doesn't indicate which of the statements in it are made from the witness's own knowledge and which are matters of information and belief indicating the source for any matters of information and belief
6) Doesn't include a statement by the witness that she believes that the facts stated in it are true
etc etc

In one case it wasn't even signed by anyone just had the name of the managing agents where the name of the witness should be.

UNITED4EVA_2

Hi all,

Yes guys dad it is basically the same template as you have written down, give or take a few words here and there. As i said before, they haven't provided any documentation that is signed by the land owner or any other evidence that addresses any of my points made in the appeal letter.

Guys_Dad

UNITED4EVA wrote: »

Hi all,

Yes guys dad it is basically the same template as you have written down, give or take a few words here and there. As i said before, they haven't provided any documentation that is signed by the land owner or any other evidence that addresses any of my points made in the appeal letter.

Nigel has it right in his post. The thing is, even with the completely farcical "proof" of contract designed by POPLA/ BPA, the idiots still can't get it right.

Please, Please send a copy of this witness statement to appeals@popla.org.uk complaining that the PPC is fraudulently signing under the landowner's name and that it is obvious that the "witness statements" that POPLA are planning to accept as proof of contract are not worth the paper they are scribbled on.

You might suggest that the PPC could be delegated POPLA adjudication rights as well to catch up on the backlog !!!

Umkomaas

Guys_Dad wrote: »

Nigel has it right in his post. The thing is, even with the completely farcical "proof" of contract designed by POPLA/ BPA, the idiots still can't get it right.

Please, Please send a copy of this witness statement to appeals@popla.org.uk complaining that the PPC is fraudulently signing under the landowner's name and that it is obvious that the "witness statements" that POPLA are planning to accept as proof of contract are not worth the paper they are scribbled on.

You might suggest that the PPC could be delegated POPLA adjudication rights as well to catch up on the backlog !!!

Do you mean one PPC adjudicating another PPC's appeals list - a bit like marking the answer sheets in a pub quiz night? :rotfl:

zzzLazyDaisy

nigelbb wrote: »

These so called 'witness statements' that PE are producing are nothing of the sort. Those that I have seen are merely a form that has been filled in & signed by the alleged representative of the property management company. They fail as witness statements on so many points that it beggars belief that the BPA Ltd & their cronies in POPLA should think that they are an acceptable substitute for sight of the relevant parts of the contract between the PPC & the landowner.

They are not valid witness statements for the following reasons (not an exhaustive list)
1) Not in the witness's own words
2) Not in the first person
3) Doesn't have the full name & address of the witness or as the statement is made in a professional capacity the address at which the witness works
4) Doesn't state whether the witness is party to the proceedings or is an employee of such a party
5) Doesn't indicate which of the statements in it are made from the witness's own knowledge and which are matters of information and belief indicating the source for any matters of information and belief
6) Doesn't include a statement by the witness that she believes that the facts stated in it are true
etc etc

In one case it wasn't even signed by anyone just had the name of the managing agents where the name of the witness should be.

Interesting. Well in that case if an motorist loses an appeal at POPLA on that point, that "statement" would become part of the evidence in any subsequent small claims court proceedings. That could be quite useful, as it would strengthen the defendant motorist's case that in the face of what passes for 'evidence' by the claimant parking company, the only way for the court to determine the issue is to let the dog see the bone.

Guys_Dad

Umkomaas wrote: »

Do you mean one PPC adjudicating another PPC's appeals list - a bit like marking the answer sheets in a pub quiz night? :rotfl:

No. Better than that. Why trouble a 2nd PPC? Let the original PPC not only sign the witness statement but adjudicate as well.

Why not? They are doing their apprenticeship by deciding which are valid reasons for appeal before deciding whether or not to issue POPLA codes. A few more weeks, and Shona needn't bother going into work, the PPCs can clear the backlog in 24 hours and all will be well with the world.

spacey2012

It was always going to happen, the hand that feeds popla will not stand for it biting.
They can do what they like, including fake statements from the kangaroos at the kangaroo court that is POPLA.

Guys_Dad

spacey2012 wrote: »

It was always going to happen, the hand that feeds popla will not stand for it biting.
They can do what they like, including fake statements from the kangaroos at the kangaroo court that is POPLA.

Still early days yet for the "witness statements". And as said previously, any lost case at POPLA where the witness statement was integral, will be severely tested in court.

My view of POPLA and the PPCs where it comes to law? Amateurs !

UNITED4EVA_2

Hi all,

Guys Dad, i sent a copy of the "witness statement" to popla appeals aswell as a few points for them to add to my case concerning, no signed landowner documentation, etc, etc, no documentation concerning cameras being maintained and no reasonable time limit shown on signs to allow you adequate time to leave. Basically all Parking eye have shown in their evidence is when i entered and left the car park, my reg details, lots of pictures of signs that show how small the smallprint is, a plan of the layout of the car park and how many signs there are and the false "witness statement"

Here is a copy of the so called "witness statement"

~TNESSSTATEMENT

On behalf of Tower Road, Newquay I confirm that:

1. The site is Tower Road, Newquay

2. The Landowner is ParkingEye who is the Lessee of the site.

3. The Operator is ParkingEye Ltd

4. The Operator has written authority from the Landowner to undertake parking

management, control and enforcement at the site, under contract.

5. The Operator had authority to issue a Parking Charge for the Parking Event dated


under this written agreement.

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 Parking Eye.

Date.......................................