Parking eye 'witness statement'

nodiscount

Hi

Just trying to sort this for a friend. She overstayed in a PE car park.
Her case is in the POPLA appeal process.

We went with the following points:

1. No evidence of contract therefore not authorised to act on behalf of landowner
2. No evidence that ANPR cameras were maintained and serviced regularly to ensure accuracy
3. Unfair penalty

PE have now sent us a copy of evidence they sent to POPLA. It in there is a witness statement apparently signed by the managing agent's facilities manager. So not even signed by the landowner but by their property agent. It's recent and says who the landowner is and that the landowner has given written authority for PE to manage, control and enforce.

still no copy of this actual written authorty or contract between landowner and PE.

Nor evidence of camera checks either

So what else can I submit to popla in light of this?

kirkbyinfurnesslad_2

Could you scan a copy of this witness statement to info@popla.me.uk i want to see if its the same as others they use

Thanks

nodiscount

kirkbyinfurnesslad wrote: »

Could you scan a copy of this witness statement to info@popla.me.uk i want to see if its the same as others they use

Thanks

Will do, thanks.

kirkbyinfurnesslad_2

Thanks

It's the normal pe witness statement

Guys_Dad

Their recent teach in by the BPA/POPLA had 2 templates. 1 from the landowner and 1 from an agent.

I would write in saying that you require strict proof from the landowner on the landowner's headed paper that the person signing was authorised by the landowner and that the person signing had full access and understanding of the contract and that the contract did give the PPC full authority to pursue motorists as far as court.

Additionally say that there is evidence that the PPC has previously signed the contract themselves where it should have been the landowner.

Lastly, ring the agents and ask to speak to the signee. Find out their position, whether they did sign the contract and have they access to the contract.

This would not stand up in court.

The_Slithy_Tove

kirkbyinfurnesslad wrote: »

It's the normal pe witness statement

And therefore no witness statement at all, as it does not come from an officer of the landowning company.

Guys_Dad

The_Slithy_Tove wrote: »

And therefore no witness statement at all, as it does not come from an officer of the landowning company.

Unfortunately, although what you say is correct in the real world, not in the POPLA LA LA Land.

This is the POPLA approved Witness statement B below. Is this the one they used??

WITNESS STATEMENT


On behalf of [managing agent] I can confirm that:

1. The site is [name of site].
2. The Landowner is [landowner], who is the owner of the site.
3. [managing agent] is the duly authorised managing agent, acting on behalf of [landowner] in this regard.
4. The Operator is [operator]
5. The Operator has the authority of the Landowner to undertake parking management, control and enforcement at the site.
6. This authority is contained in an agreement dated [date] running from [date] to [date].
7. 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.
8. 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.
9. 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.
10. The Operator is authorised to issue a parking charge notice for breach of any of the terms and conditions referred to above.
11. 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 [managing agent]

Date………………………………………………………………..

NOTE

Name of site should be sufficiently described to clearly identify it
e.g. ‘X Shopping Centre, Y town’ or
‘Z Estate, comprising A Road, B Road, C Road and D Road’.

Operator name should be clear, e.g. ‘XYZ Parking’ or ‘ABC Solutions Ltd trading as 123 Parking’.

kirkbyinfurnesslad_2

Yes guys dad thts it

Guys_Dad

kirkbyinfurnesslad wrote: »

Yes guys dad thts it

So all the PPC has to do is find an erk at the Management company to sign this off?

Seems simple that we should also ask for a copy of the contract between the landowner and the managing agent to confirm that they do indeed have the full authority to sign the witness statement.

And we should further ask the witness to confirm that all signage meets the minimum requirements of the BPA COP.

Furthermore, point 11 is not the point.

The PPC needs to show that they can pursue the charges in line with the contract as well as the BPA CoP. (Example Somerfield -v- Parking Eye PE acted in accord with the BPA COP but not with the landowner's contract that limited them to sending letters)

POPLA really have a tiger by the tail here.

Stroma

Surely this statement must come from the date of them being engaged as parking scammers at the place of scam?

nigelbb

There is something very fishy about point 11

11. 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.

Why do they use this particular form of words? It would be far more straightforward to use the exact words on the CoP & confirm that the "Operator has authority to pursue outstanding parking charges, through the courts if necessary"

7 Written authorisation of the landowner
7.1 If you do not own the land on which you are carrying
out parking management, you must have the written
authorisation of the landowner (or their appointed
agent) before you can start operating on the land in
question. The authorisation must give you the authority
to carry out all the aspects of the management and
enforcement of the site that you are responsible for. In
particular, it must say that the landowner requires you
to keep to the Code of Practice, and that you have
the authority to pursue outstanding parking charges,
through the courts if necessary

http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf