Parking Eye

xs11ax

Hi Guys

Great news- following all the advice on here the appeal has been successful! i really appreciate everyone's help, the reason given by POPLA was:-


The Appellant has raised several points in the appeal;however I will only deal with the point on which I am allowing this appeal on.

TheAppellant submits that the Operator is not the landowner and that they have notshown any evidence that they have the authority from the landowner toenter into a contract with a driver of the vehicle parking in the carpark.

Membership of the Approved Operator Scheme does require theparking company to have clear authorisation from the landowner, if itis not itself the landowner, as to its role in relation to the parking controland enforcement.

This is set out in the BPA Code of Practice. However, as withany issue, if the point is specially raised by an Appellant in an appeal, thenthe Operator should address it by producing such evidence as it believesrefutes a submission that it has no authority.

The Operator has not produced any evidence to demonstratethat it is the and-owner; or, that it has the authority of the land-ownerto issue parking charge notices at this site. Once the issue is raised by anAppellant, it is for the Operator to demonstrate that it has authority, and a merestatement to the effect that it has a contract will not be sufficient.

The Operator has also submitted that according to the case ofFairlie v Fenton, the Operator has the right to enforce the contract inits own right. I must find that this does not address the Appellant’ssubmission that the Operator does not have the right to offer a contract at all.

Taking together all of the evidence before me, I must findthat the Operator has failed to produce sufficient evidence to refute theAppellant’s submission that it did not have authority to issue a parking chargenotice.

6062813071 3 13 December 2013

Accordingly, I must allow the appeal.

Izla Rhawi

Assessor

Redx

excellent news, I believe your dad now owes you a drink or meal due to the great savings he made

it may help if you could add the name of the retail park as I cannot see it anywhere in the thread, so we can fit one to the other

trisontana

That's the second time that PE's "Fairlie v Fenton," excuse has been shot down in flames by POPLA.

xs11ax

I think I'll try and scrounge a meal off dad! :j

The car park involved was Rishworth Centre retail park Railway Street, Dewsbury, West Yorkshire

android26

Good result!
I'm surprised, when I saw "I will only deal with the point on which I am allowing this appeal on", I was sure it was going to GPEOL.

Coupon-mad

xs11ax wrote: »

I think I'll try and scrounge a meal off dad! :j

The car park involved was Rishworth Centre retail park Railway Street, Dewsbury, West Yorkshire

Next time you could ask the Matalan Store manager to cancel it (maybe even for people who haven't shopped in Matalan!):


#1 RISHWORTH CENTRE RETAIL PARK, MATALAN STORE MANAGER & PARKING EYE - http://forums.pepipoo.com/index.php?showtopic=84253

#2 RISHWORTH CENTRE RETAIL PK DEWSBURY, A SHOP MANAGER (NO RECEIPT THAT DAY!) & PARKING EYE - http://forums.moneysavingexpert.com/...=#post63204815

#3 RISHWORTH CENTRE RETAIL PARK, MATALAN STORE MANAGER & PARKING EYE - http://forums.moneysavingexpert.com/....php?t=4797366



All 3 of those were in the sticky thread 'Successful Complaints about PPCs' at the top of the forum, found by searching the keyword 'Rishworth'.

powerlady

HI Help,


I looked at the old advice and ignored all correspondence from Parking EYE. I have now received a claim form from Northampton CC for Parking EYE. It would seem that they are insistent on taking me to Court. I was parked at Rishworth Centre Retail park because I was at the housing benefit office for an appointment which overran. Any help please; this is going to cost me £165!!!

powerlady

Dastardly to do this JUST before Xmas; this PCN was from 5th July!!!

trisontana

It would be best if you started your own thread.