How to appeal parking ticket

Coupon-mad

Danny30 wrote: »

Thanks for the replies. So wouldn,t everyone win their appeal then with genuine pre-estimate loss argument?

YES where a PPC has alleged 'breach of t&cs'. Trouble is:

- most people don't check on a forum and think they know it all about how to appeal (then half of them lose)

- not all signs are based on 'breach' (but Parking Eye signs are).

spikeo

Parkingeye have claimed against my friend to Northampton County Court. They seem to be based in Chorley, Lancs and the car park was in Liverpool so any ideas why they are claiming in Northampton? He tried to pay by phone when he entered the car park and thought he had but then got one of their parking invoices through the post 2 weeks later. Before he spoke to me he sent them an email explaining the phone situation but all they said was they received no phone payment call and that he was liable for the invoice amount. He has ignored all further correspondence from the sharks but then received the County Court claim form issued 16 October. He has sent payment for 4hrs parking and said on the Court form that he intends to defend part of the claim i.e. the amount above the 4 hours parking charge.

His two principle defence points are that the additional charge is not an appropriate amount as the actual loss incurred was 4 hours parking which he has sent payment for and therefore the additional charge is punitive as ruled in Excel Parking v Hetherington-Jakeman; Mansfield CC March 2008.

The other defence is that Parkingeye have no proprietary interest in the land and are thus unable to offer him a contract - they have no locus standii or legal capacity to comtract with him and enforcement is exclusive to the landowner and incumbent on them to demonstrate their financial loss as a result (in this case 4hrs parking charge) - VCS v HM Revenue and Customs (Appeal); Upper Tax Tribunal 2012. As payment has been sent for the financial loss incurred has been made no further loss is incurred and the charge of £100 when 4hrs parking is £12 is therefore both unreasonable and an unfair contract penalty breach contrary to the terms of The Unfair Contract Terms Act.

Any other advice/suggestions would be most welcome. Thanks.

Umkomaas

Please don't do this - spam posting of queries and thread hijacking. I've already advised on the other thread you've jumped in on.

Danny30

Why do they bother then? what is the point of yapping on about court cases if they are not even considered. Very strange.

Coupon-mad

Danny30 wrote: »

Why do they bother then? what is the point of yapping on about court cases if they are not even considered. Very strange.

Because they usually win in court (because they use barristers and impress most judges). So they are trying hard to impress POPLA with the same arguments, but have found it doesn't wash!

Danny30

Great News, the appeal against parking eye has finally arrived after 4 months and was successful, reason given is Parking Eye unable to prove Genuine Pre-Estimated Loss.

I would like to thank everyone who helped me with the appeal, feels good not to get ripped-off more about principle than the money.

Danny

Redx

great news

please post a redacted copy of the verdict with all personal details removed but keeping the assessor name in , thanks

this can then go in the successful POPLA appeals thread if its not there already

ps:- the one you posted has the bottom part missing (or page 2)

can you edit the post and add the missing parts at the end please ?

Danny30

Thanks, I've added it now.