Parking Eye Where next for me?

Stroma

Tell them to sod off! Actually just don't say anything to them, you'll win at popla

Guys_Dad

I would write to them as follows. and attach the without prejudice offer

Dear Parking Eye,

I refer to your "Without Prejudice" offer (attached) to cancel the parking charge for £27, despite the landowner instructing you to cancel the ticket as I was a genuine customer. As I understand it, the POPLA charge should not be passed on to the motorist.

The position is, as far as I can make out, I either pay you £27 or I take my chances with my POPLA appeal, which by now you will have read and will have made an assessment as to whether, on previous experience, you will win there.

Should I lose at POPLA, (which I am confident I stand a good chance of winning), then you would have the opportunity to take me to court, despite me having a request from the landowner for you to cancel the contract that would get the matter thrown out at square one.

Now that's a difficult choice, but on balance, I will take my chances with POPLA, thanks.

I note that the November POPLA newsletter contains the following advice

"The operator should also produce everything that the motorist has sent to them, whether by post, email or via the operator’s website including, for example, images. Appellants usually assume that the Assessor is aware of what has already been sent to the operator, even if they do not specifically refer to it in their appeal.".

Given the approaching date of the POPLA hearing, to help you comply with the requirements, I am forwarding this communication to POPLA to ensure they have all the paperwork on this case in case you don't have time to do this from your end. "

Coupon-mad

Shocking! You will win at POPLA, no worries.

And they cannot pass on the £27 fee to the motorist, that flies in the face of the intentions of POFA 2012.

Complain to the BPA by email to Steve Clark (see the newbies, read this first! sticky thread for the addy) as well as sending the reply GuysDad suggests to PE, and send the PE letter to the Lead Adjudicator (Mr Greenslade) at POPLA to show them that Parking Eye are trying to make you pay the POPLA fee - which is strictly not allowed.

I believe that a 'without prejudice' letter can't be shown in court but don't see why it cannot be shown to POPLA. I think the POPLA Lead Adjudicator needs to know about this urgently.

AllanI

Actions:
1. Complained to the BPA by email to Steve Clark (got out of office reply)

2. Replied to Parking Eye saying I'll wait for POPLA appeal verdict.

3.Copied letters to POPLA Administrative Team contact as couldn't find an individual email address for the Lead Adjudicator.

Many Thanks (again)

hoohoo

As PE have not won a single case since POPLA started where pre-estimate of loss has been raised, their chances of winning are identical to the chances of me being voted the next president of the BPA.

Stay firm and wait for the POPLA verdict.

AllanI

POPLA verdict arrived. The appeal is to be allowed. Hurrah!
The Assessors verdict dealt solely with GPEOL. It describes the signage as indicating "liquidated damages". None of my other appeal points were mentioned, neither was my submission that PE hadn't included all relevant documentation in the package sent to me and POPLA. Nor the fact the retailer had asked PE to drop the action.
Thanks to everyone on here for advice and guidance and I hope my experience will help convince others to oppose these charges.
As a matter of interest what, if anything happens next ?
I assume PE have no option but to accept the Assessors verdict. I don't suppose they waste a stamp telling me they will be taking no further action.

kirkbyinfurnesslad_2

AllanI wrote: »

POPLA verdict arrived. The appeal is to be allowed. Hurrah!
The Assessors verdict dealt solely with GPEOL. It describes the signage as indicating "liquidated damages". None of my other appeal points were mentioned, neither was my submission that PE hadn't included all relevant documentation in the package sent to me and POPLA. Nor the fact the retailer had asked PE to drop the action.
Thanks to everyone on here for advice and guidance and I hope my experience will help convince others to oppose these charges.
As a matter of interest what, if anything happens next ?
I assume PE have no option but to accept the Assessors verdict. I don't suppose they waste a stamp telling me they will be taking no further action.

Well done!! Pe will send you a letter saying the pcn is canceled and nothing owing now etc etc, even if they dont thats the end of it

If you could post up the full decision on the Popla decision thread on this board that would be great

Umkomaas

Do hang on to the POPLA paperwork in a safe place. If for nothing else, you can show your grandchildren.

Well done on great result. :T