Failed my POPLA appeal against Parking Eye...

Aaron_Aadvark

Would not an enquiry of the Land Registry clear this up?

4consumerrights

Aaron_Aadvark wrote: »

Would not an enquiry of the Land Registry clear this up?

Tried this - no records found for tenure/price for golf club or tower road car park - I believe purchase too long ago.

zzzLazyDaisy

Actually, having thought about it, I do believe it is too ridiculous to follow up.

Although if PE refused to cancel the charge, I reckon then I'd copy the e-mail to them and suggest they reconsider their decision otherwise I'd send the letter to HMRC and the Valuations office and ask them to investigate.

On second thoughts that might be viewed as blackmail.

Oh well.

D

4consumerrights

Do we know why the phone call kept breaking up? Surely if was not PE's fault......??? and then entrapment? If not entrapment then possibly either a case for "force majeure", unconscsionability or misrepsenation applies.

OP: I'm in agreement with what the others have said -

IMO I do not believe that PE are actually leasing the car park and pay rent for doing so - it is not the style of parking companies who normally offer their services free in exchange for running the car park (A very grey area whether due consideration has been given in contract formation law).

Do contact Cornwall council and ask if Parking eye are paying business rates on this site due to the commercial nature of this.

I would also complain to Cornwall Trading Standards regarding the unfair manner you are being pursued for payment of this charge. State that you paid in good faith for the parking time (explaining trouble when paying) and that the charge you are being asked to pay does not represent any genuine pre-estimate of loss incurred.

I would also make a formal complaint to the BPA for failing to address technical difficulties when trying to make a payment and that you believe that grace periods applicable both prior to forming any alleged contract and upon termination have not been adhered to.

Make a formal complaint to POPLA's Adjudicator along the points raised in Spacey's post#21 and including the above grace periods breach.

**********************************************************

Consider writing the following (more feedback on this - please)

NEWQUAY GOLF CLUB
WITHOUT PREJUDICE

I was disappointed to receive your response that you could not intervene to cancel the parking charge imposed by Private Eye at Tower Road.

I am aware that landowners do have the authority to cancel these charges when they have been given unfairly or unlawfully which has occurred in this instance and will be proven in court if necessary.

You should be aware that if any legal action commences as a result of this parking charge then full details of any contract between yourselves and Parking Eye will be submitted as part of court proceedings, together with proof that no restrictions have been imposed by any lender for subletting. Proof of payment of business rates will also be required.

Court proceedings may also be initiated by myself against Parking Eye which will also have a detrimental effect on your reputation.

I trust that you will now reconsider my reasonable request and instruct Parking Eye to cancel the charge forthwith."

zzzLazyDaisy

Sorry to be pedantic (I'm a lawyer - it's my job ) but 'Without Prejudice' has a particular legal meaning which doesn't apply in this context.

It is a legal term which applies only to correspondence written in the course of settlement negotiations, to allow the defendant (or potential defendant) to make an offer to pay without this being taken as an admission of 'guilt' and to prevent claimant from using the offer to pay as evidence against them in court. It is pointless in this context, as the letter could be produced in court regardless of the 'without prejudice' tag, which would just be disregarded by the court.

Also, at the moment the position is that the golf club have written to PE to ask them to cancel the charge. Admittedly they have couched this in weasel words, but I am thinking that perhaps the best approach is to wait for PE's response before entering into further correspondence with the landowner?

Daisy

Fergie76

contrarymary1972 wrote: »

What next?

Back in the summer, I parked near the beach in Newquay, Cornwall. I decided to pay using my phone by telephoning to pay. I kept getting disconnected, got through and cut off, then finally got through. This took around 15-20 minutes. I finally paid and returned to my car in what I thought was the time limit. We packed up and left the car park.

A week after getting home, I got the parking letter with the photos saying we'd underpaid. This was a shock, due to me thinking we had paid. I appealed with Parking Eye, producing proof of my call logs from my phone, as well as the payment from my bank statement, but was unsuccessful. I then appealed through POPLA. It has taken until now for the appeal to be heard and the decision is: "The Assessor considered the evidence of both parties and determined that the appeal be refused." They say that "the appellant failed to provide further evidence to support her claim within 14 days. They state that it is the driver’s responsibility to ensure that she complies with the terms and conditions of parking when she parks in the car park."

I am at a complete loss - I'm really confused about them saying I failed to provide the evidence!

Please could someone advise me what to do next?

I have just skimmed this thread and I don't think it has been mentioned by anyone else, but have you challenged POPLA on the further evidence required within the 14 days?

Coupon-mad

It will be talking about a fob-off letter that PE would have sent when the OP appealed, asking for 'further evidence' just to put the ball back in the OP's court...

contrarymary1972

Hello everyone,

I have just been reading all these replies with interest. I have had an email back from POPLA in response to my complaint stating: 'I have to tell you that the Assessor’s decision is final.' I have also had a letter from Parking Eye dated 22nd Oct in reference to 'correspondence forwarded to them by their client' saying that the charge still stands. I am not sure who the 'our client' is that they are referring to. It also says that they are prepared to pursue the matter through the County Court if necessary and that they recently sent me the Letter Before County Court Claim that I need to respond to. That letter arrived this morning, dated 20th Oct. Do I assume that the said client is the Golf Club? Or is it POPLA?

contrarymary1972

Fergie76 wrote: »

I have just skimmed this thread and I don't think it has been mentioned by anyone else, but have you challenged POPLA on the further evidence required within the 14 days?

Yes. That is what my challenge to POPLA was that they have replied to (as mentioned above)

Coupon-mad

Do I assume that the said client is the Golf Club? Or is it POPLA?

Of course it's not POPLA(!) have you missed the point completely about who POPLA are? They were just the appeals stage offered by the Parking Industry, and you know now that you could have won if you had played that right and simply asked here for advice earlier.

This time, hidden in your post above you have now says you have a LBCCC so I suggest you leave this thread to die out as it's a confusing mix of posts, and please start a new one AFTER you have read the LBCCC sticky thread at the top of the forum and read and learnt how to respond (just as you could have read how to win at POPLA...). This time let's do this right!

So start a new thread about your LBCCC response, showing us a draft of how you intend to respond, AFTER reading the LBCCC sticky thread please.