Capital2Coast - POPLA Appeal Assistance

Hovite_2

If anyone feels like commenting on my first draft please feel free ( and thanks ! ) :

Dear POPLA,


RE : Capital to Coast Parking FCN – Ref xxxxx / POPLA Code – Ref xxxxxxxxxx
I'm writing this to appeal a charge sent to me by Capital to Coast Parking ('C2C'). This occurred after my vehicle allegedly in a permit holders only space at SOMEWHERE, on SOMETIME. C2C claim that the vehicle's driver owes them £100 (reduced if early payment is made) for overstaying. I now want to set out why I want you to cancel this charge.


(1) C2C’s lack of legal enablement to override residents leases and rental agreements
As a leaseholder my lease clearly states an entitlement to the use of the parking spaces at the complex. The lease does not specific any conditions on this entitlement – i.e. a specific parking space must be used or a permit must be displayed.
C2C have not produced any evidence that they are enabled to override the prior rights, covenants and easements enjoyed by the residents under their lease/rental agreements. I therefore require C2C to provide written evidence in the form of a legal document to prove they have the right to override the lease.

[FONT=&quot]
[/FONT](2) C2C's lack of legal capacity to enforce/issue Fixed Charge Notices
In their correspondence with me, C2C haven't produced any evidence to demonstrate that they have the necessary legal capacity to charge the driver of a vehicle using a space without a displayed permit. Nor that they have any proprietary interest in this particular piece of land.
Accordingly, I require C2C to produce an unredacted, up-to-date and signed copy of the contract or agreement with the person or organisation that contracted C2C – one which states that they are entitled to pursue these matters through issuing FCNs and through the courts. I require that this is an actual copy and not simply a document which claims that such a contract or agreement exists. A witness statement will not satisfy this requirement.
Equally I require C2C to demonstrate that the person or organisation they have contracted with has the legal capacity from the landowner to form such a contract with C2C. I do not believe they do. C2C should produce an unredacted, up-to-date and signed copy of the contract or agreement between landowner and the person or organisation that contracted C2C.



(3) C2C's lack of signage / poor signage
The BPA Ltd AOS Code of Practice makes clear that there should be signage at the entrance to the parking area to allow drivers the opportunity to understand they are entering into a contract.
The C2C entrance signage at the site is not at the entrance but set back after the first few parking spaces that are covered by the alleged contract. The text on the sign is also too small for a driver in a moving car to read.
There is no signage facing a driver as they enter a parking space – i.e. in front. There is only limited signage throughout the complex – most of it well away from the actual parking spaces. What signage there is has been fixed underneath other signs – such as No Ball Games – which are bigger and in very large text. This draws drivers attention away from the C2C signage.
Accordingly, I require C2C to provide the following :
Ø A current map of all the areas and bays of the complex where the permit scheme is and is not applicable, as agreed with the landowner/contracting party
Ø Contemporaneous photos of the actual signs on site taken from the view of the driver of a car at the entrance and in the car park
Ø A definitive map of where these signs are in that particular car park

(4) The C2C charge does not reflect a genuine pre-estimate of loss
The sum claimed cannot be a genuine pre-estimate of loss, as any contractual breach attracts the exact same apparent amount of loss, whether no permit was displayed or a car was parked over a white line. If the sum claimed were a genuine pre-estimate of loss, it follows that the loss cannot be £60 on days 1 to 21, then £100 thereafter. This is clearly an arbitrary sum invented by C2C.
Equally, as there are no charges to leaseholders to using the parking spaces, there cannot be any loss to the landowner should a leaseholder fail to display a permit.
C2C have failed to provide a true pre-estimate of loss as set out in paragraph 19 of the BPA’s CoP, v3 of June 2013.
I therefore require that C2C provide a detailed breakdown of the £100 charge to show how the landowner has lost this amount due to a permit not being displayed by a leaseholder. It should be noted that losses cannot include operating costs such as wages, uniforms, signage and general running costs.
Given that C2C have presented no evidence as to how their costs relate to the event in question, I suggest that the charge is disproportionate and accordingly not in line with Schedule 2(1)(e) of The Unfair Terms in Consumer Contracts Regulations 1999, nor as described in the BPA Code as above.


(5) C2C have failed to follow the BPA Code of Practice on appeals / challenges
The BPA CoP v3, June 2013 states :
[FONT=&quot]22.2[/FONT]
[FONT=&quot]Whenever you issue a parking charge notice you must tell drivers about the arrangements for resolving complaints, challenges or appeals. These include:[/FONT]

[FONT=&quot]• your procedures for dealing informally with challenges by the driver about the parking charge notice or any matter in it[/FONT]

[FONT=&quot]• the arrangements for independent appeal to POPLA Drivers should first use your procedures for resolving complaints, challenges or appeals, before being able to refer them to an independent appeal. You should tell drivers at what stage an independent appeal to POPLA becomes available[/FONT]

C2C have failed to explain that there is a route for an independent appeal via POPLA and at what stage this becomes available. Indeed, they appear to actively mislead appellants by suggesting an “impartial” appeal has already been considered and by just tagging the POPLA URL and appeal code at the end of their response without any explanation as to what it is or how to use it. Please see below :

“We are therefore unable to cancel the Fixed Charge Notice as it was issued correctly and you are required to make a payment of £60 to reach us by xxxxxx or £100 to reach us by xxxxxx in
order to avoid this being passed on to our debt recovery specialist and/or to avoid court proceedings. Further action will incur additional costs. The impartial appeals board have made this decision based on factual evidence and now deem this matter closed all future correspondence to Capital 2 Coast will notbe answered. www.popla.org.uk 0123456789”

Guys_Dad

Have you any photos to reinforce the no entry signs? Might help.

Hovite_2

Guys_Dad wrote: »

Have you any photos to reinforce the no entry signs? Might help.

I can get some. I have photos of other signs and their placements.

kirkbyinfurnesslad_2

With those appeal (which is good) points, then dont bother with photos