Parking Charge Notice - VCS

Guys_Dad

You have obviously missed the points made by others.

You don't win at POPLA on mitigation, you win on the "technical points".

Don't believe me? Then go to POPLA Decisions sticky thread at the top of the forum and read the last few pages.

Sometimes we come across people who just are so blind that they can't see what is in front of their faces. My advice to my fellow regulars is ok, leave them to it. It's not our money.

You all have done your best.

Umkomaas

mib150 wrote: »

Sounds like this error I made may be the nail in the coffin and the POPLA appeal would come to nothing.
Might be as well just to stop here, pay and put it down to experience.
The missus is getting stressed over it all too.

You haven't made any 'error' so no coffin to nail.

What you write to POPLA will be based on other successful POPLA appeals - and we will help guide you through it.

First port of call for you is the 'POPLA Decisions' sticky at the top of the forum's index. Look at latest 4 pages or so, you will get a very good idea of the types of points that win.

Have a go at drafting a first attempt - and don't worry about copying and pasting other winning paragraphs, because that's what the winning motorists did - some of these are at least 5th or 6th generation by now. Obviously try to put your own style to them rather than randomly copying and pasting, but in terms of the legal/technical points, they're all there for you.

Come back when you've had a first go.

mib150

Guys_Dad wrote: »

You have obviously missed the points made by others.

You don't win at POPLA on mitigation, you win on the "technical points".

Don't believe me? Then go to POPLA Decisions sticky thread at the top of the forum and read the last few pages.

Sometimes we come across people who just are so blind that they can't see what is in front of their faces. My advice to my fellow regulars is ok, leave them to it. It's not our money.

You all have done your best.

So the technical points would be:
1) Lack of signage at the entrance
2) No loss to land owner as we did go shopping (eventually)

Sorry if the penny hasn't fully dropped - i think I may have been as a baby!

mib150

Umkomaas wrote: »

You haven't made any 'error' so no coffin to nail.

What you write to POPLA will be based on other successful POPLA appeals - and we will help guide you through it.

First port of call for you is the 'POPLA Decisions' sticky at the top of the forum's index. Look at latest 4 pages or so, you will get a very good idea of the types of points that win.

Have a go at drafting a first attempt - and don't worry about copying and pasting other winning paragraphs, because that's what the winning motorists did - some of these are at least 5th or 6th generation by now. Obviously try to put your own style to them rather than randomly copying and pasting, but in terms of the legal/technical points, they're all there for you.

Come back when you've had a first go.

Thanks - I'm on it now!

mib150

This is my first draft of my POPLA appeal:



Verification code: ***************

On ******** VCS issued a PCN with ref ************ for £100 for contravening terms and conditions for parking on this site.

I appeal this charge for the following reasons:

1) – There was no sign at the entrance to the car park stating that this was a managed car park, as per the BPA code of practice, paragraph:

18.1 - In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start

And 18.2 - Entrance signs play an important part in establishing a parking contract……….. you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of.

The BPA have clearly stated that entry signs play an important part in establishing a contract and the lack of them puts motorists at a disadvantage. Photographs enclosed.

2) – The operator claims that the charges for this notice are set in place by the landowner whom the operator manages the car park on behalf of.
There are no pre-estimate of any losses incurred by this ‘contravention of terms and conditions’ supplied:

Paragraph 19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer

The motorist did indeed enter the store (after obtaining cash off site) and purchase goods. – Therefore no loss was suffered by the operator or the landowner.


This Constitutes my appeal




Is it too short?
Should I mention anything about the contract between operator & landowner? (charges agreed for not abiding by T&C's)

Many thanks for all help so far, and any comments welcomed!
Cheers
MIB

Guys_Dad

Have a look here at this appeal. https://forums.moneysavingexpert.com/discussion/4717353

I think there are paragraphs there you could use or tweak rather than yours. Post #70 and also read my post #65 with the extract from a Court case.

Coupon-mad

mib150 wrote: »

Sounds like this error I made may be the nail in the coffin and the POPLA appeal would come to nothing.
Might be as well just to stop here, pay and put it down to experience.
The missus is getting stressed over it all too.

Jeez you really misunderstood what's been said! :eek:

We are just saying do a winning POPLA appeal like the ones I linked and at the same time send your receipts (copies) in a complaint to the Store Manager or Retail Park owner.

mib150

Guys_Dad wrote: »

Have a look here at this appeal. https://forums.moneysavingexpert.com/discussion/4717353

I think there are paragraphs there you could use or tweak rather than yours. Post #70 and also read my post #65 with the extract from a Court case.

That is a good appeal letter!

I shall use some of it, also looking further down the posts there is a reference relating to the creditor, I can see no mention of VCS being the creditor on my NtK, so will add this too.

Cheers again

mib150

Hi All,

Just composing my strong POPLA appeal - Many thanks to all who have gone before and those showing us the way to go - excellent!

I've read a couple of time in various posts about mentioning the creditor, I can't see it on the Ntk - I've attached a copy.
Do you think it is worth mentioning this in the appeal letter?


http://img.photobucket.com/albums/v302/mib150/NtK-Front-Edited.jpg

Cheers.

Stroma

This is a notice to keeper, yet they are saying you've lost the right to appeal, this is not correct as the keeper has the right to do this, the reason amongst many is that this could be your first time in knowing this as the ticket on vehicle could have been taken. They also don't mention popla unless its on the back