POPLA Appeal Advice

rizzoface

Hi all

ive just finished typing up my POPLA appeal with G24 Ltd and took points from various posts on here. Could you take a look at what ive written and tell me if ive missed anything or if anything should come out?
Thanks
As the registered keeper, I would like to appeal this notice on the following grounds:
1 Charge not a genuine pre-estimate of loss
2 No authority to levy charges
3 Signage
4. Unlawful Penalty Charge
5. ANPR Accuracy

1. Charge not a genuine pre-estimate of loss
The demand for a payment of £75 is punitive, unreasonable, exceeds an appropriate amount, and has no relationship to the loss that would have been suffered by the Landowner. The keeper declares that the charge is punitive and therefore an unenforceable penalty.
The BPA code of practice states: The BPA Code of Practice states:
“19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer.
19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable.
I require G24 Ltd to provide a detailed breakdown of how the amount of the “charge” was calculated. I am aware from Court rulings and previous POPLA adjudications that the cost of running the business may not be included in these pre-estimate of loss.
I therefore respectfully request that my appeal is upheld and the charge dismissed.

2. No authority to levy charges
A parking management company will need to have the proper legal authorization to contract with the consumer on the landowner’s behalf and enforce for breach of contract.
G24 Ltd must produce evidence to demonstrate that it is the landowner, or a contract that it has the authority of the landowner to issue charge notices at this location.
I believe there is no contract with the landowner/occupier that entitles G24 Ltd to levy these charges and to pursue these charges in their own name as creditor in the Courts and therefore has no authority to issue charge notices.
I put the G24 Ltd to strict proof to POPLA that they have the necessary legal authorization at this location and I demand that the G24 Ltd produce to POPLA the contemporaneous and unredacted contract between the landowner and the G24 Ltd. Even if a basic contract is produced and mentions PCNs, the lack of ownership or assignment of title or interest in the land reduces any contract to one that exists simply on an agency basis between G24 Ltd and the owner/occupier, containing nothing that G24 Ltd can lawfully use in their own name as a mere agent, that could impact on a third party customer.
I therefore respectfully request that my appeal is upheld and the charge dismissed.

3. Signage
The sign at the entrance to the car park is positioned on a pole on the passenger side of a standard right-hand drive vehicle. This makes the sign difficult for a driver to see from inside the car, regardless of which side of the road the entrance of the car park is approached from. It is also difficult to view this sign without impeding the flow of traffic and pedestrians behind. I enclose photos that demonstrate the entrance signage. The BPA Code of Practice at Appendix B sets out strict requirements for entrance signage, including ''The sign should be placed so that it is readable by drivers without their needing to look away from the road ahead'' and ''There must be enough colour contrast between the text and its background, each of which should be a single solid colour. The best way to achieve this is to have black text on a white background, or white text on a black background.
I therefore respectfully request that my appeal is upheld and the charge dismissed.

4. Unlawful Penalty Charge
Since there was no demonstrable loss/damage and yet a breach of contract has been alleged for a free car park, it can only remain a fact that this 'charge' is an attempt at extorting an unlawful charge to impersonate a parking ticket. This is similar to the decisions in several County Court cases such as Excel Parking Services v Hetherington-Jakeman (2008), also OBServices v Thurlow (review, February 2011), Parking Eye v Smith (Manchester County Court December 2011) and UKCPS v Murphy (April 2012).
The operator could state the letter as an invoice or request for monies, but chooses to use the wording “CHARGE NOTICE” in an attempt to be deemed an official parking fine similar to what the Police and Council Wardens issue.
I therefore respectfully request that my appeal is upheld and the charge dismissed.

5. ANPR Accuracy
G24 Ltd are obliged to make sure the APNR equipment is in working order, as described in paragraph 21.3 of the British Parking Association's Approved Operator Scheme Code of Practice, version 3 of June 2013. I require G24 Ltd to present records as to the dates and times of when the cameras were checked, calibrated and generally maintained to ensure the accuracy of the dates and times of any ANPR images. This is important because the entirety of the charge is founded on two images purporting to show my vehicle entering and exiting at specific times – it's vital that G24 Ltd produce evidence in response to these points.

Coupon-mad

Hi, welcome to MSE. You have indeed done some good research and I can't fault that!

:T

Umkomaas

Well done on doing this without direct assistance from forum regulars (oh that everyone could!). Just a couple of minor points to make.

I require G24 Ltd to provide a detailed breakdown of how the amount of the “charge” was calculated. I am aware from Court rulings and previous POPLA adjudications that the cost of running the business (such as the erection of signage, the provision of back office services, the maintenance of ANPR cameras, cost of membership of the BPA Ltd etc) may not be included in [STRIKE]these[/STRIKE] this pre-estimate of loss.
I therefore respectfully request that my appeal is upheld and the charge dismissed.

Have you also thought about adding this to the mix - Business Rates. In most cases free car parks servicing retail outlets have a degree of exemption from BR. But the game has changed as PPCs are farming such car parks, and as this is their business, generating income and profits for them, the exemption from BR comes into question. So this is a legitimate question to ask of them in a POPLA appeal, even if it is a bit of a cage rattler to get them to have to think about how to defend themselves on it.

Business Rates

As this car park is now being used for the purpose of running a business by G24, which is entirely separate from any other business the car park services, and generates revenue and profit for G24, I do not believe that G24 has declared the running of their business venture at this location to the Local Valuation Office and Local Authority for the purpose of the payment of Business Rates.

I put G24 to strict proof that they have so registered the business they are operating at xxxxx car park with the Valuation Office and to provide proof that Business Rates are being paid to the Local Authority, or to provide proof or explanation of their exemption from such Business Rates.

Obviously flex any wording to suit your style of writing and to blend with your earlier points.

The other point I'd make is a presentational one (and perhaps just a personal preference of mine). I would embolden each of the appeal point headings and for each of the 'put to proof' sentences, where possible, and where it makes sense, make each a standalone from the body of the appeal point - and embolden them too.

Make sure you put your POPLA 10-digit verification code on each page of your appeal.

HTH

rizzoface

thanks guys. Will take on board points and update now. Will paste the updated wording post hast!

rizzoface

[FONT=&quot]POPLA Code:
Vehicle Reg:
PPC: G24 Ltd
PCN Ref:
Alleged Contravention Date & Time: **h August 2013, 11:34 to 12:34
Date of PCN: ** September 2013

Upon returning from a 2 week holiday, I as the registered keeper received an invoice from G24 Ltd requiring payment of a charge of £75 for the alleged contravention of “exceeding the duration of stay permitted at Toys R Us”. This issue date on the invoice is 4th September 2013.

[/FONT][FONT=&quot]As the registered keeper, I would like to appeal this notice on the following grounds: [/FONT][FONT=&quot]1 Charge not a genuine pre-estimate of loss
2 No authority to levy charges
[/FONT][FONT=&quot]3 Signage[/FONT][FONT=&quot]
4. Unlawful Penalty Charge[/FONT][FONT=&quot]
5. ANPR Accuracy[/FONT][FONT=&quot]
6. Business Rates[/FONT][FONT=&quot]

[/FONT][FONT=&quot]1. Charge not a genuine pre-estimate of loss[/FONT][FONT=&quot]The demand for a payment of £75 is punitive, unreasonable, exceeds an appropriate amount, and has no relationship to the loss that would have been suffered by the Landowner. The keeper declares that the charge is punitive and therefore an unenforceable penalty.
The BPA code of practice states: The BPA Code of Practice states:
“19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer.
19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. [/FONT][FONT=&quot]I require G24 Ltd to provide a detailed breakdown of how the amount of the “charge” was calculated. I am aware from Court rulings and previous POPLA adjudications that the cost of running the business (such as the erection of signage, the provision of back office services, the maintenance of ANPR cameras, cost of membership of the BPA Ltd etc) may not be included in these pre-estimate of loss.
I therefore respectfully request that my appeal is upheld and the charge dismissed.

[/FONT][FONT=&quot]2. No authority to levy charges[/FONT][FONT=&quot]
A parking management company will need to have the proper legal authorization to contract with the consumer on the landowner’s behalf and enforce for breach of contract.
G24 Ltd must produce evidence to demonstrate that it is the landowner, or a contract that it has the authority of the landowner to issue charge notices at this location.
I believe there is no contract with the landowner/occupier that entitles G24 Ltd to levy these charges and to pursue these charges in their own name as creditor in the Courts and therefore has no authority to issue charge notices.
I put the G24 Ltd to strict proof to POPLA that they have the necessary legal authorization at this location and I demand that the G24 Ltd produce to POPLA the contemporaneous and unredacted contract between the landowner and the G24 Ltd.[/FONT] [FONT=&quot]Even if a basic contract is produced and mentions PCNs, the lack of ownership or assignment of title or interest in the land reduces any contract to one that exists simply on an agency basis between G24 Ltd and the owner/occupier, containing nothing that G24 Ltd can lawfully use in their own name as a mere agent, that could impact on a third party customer.
I therefore respectfully request that my appeal is upheld and the charge dismissed.[/FONT][FONT=&quot]

3. Signage[/FONT][FONT=&quot]
The sign at the entrance to the car park is positioned on a pole on the passenger side of a standard right-hand drive vehicle. This makes the sign difficult for a driver to see from inside the car, regardless of which side of the road the entrance of the car park is approached from. It is also difficult to view this sign without impeding the flow of traffic and pedestrians behind. I enclose photos that demonstrate the entrance signage. The BPA Code of Practice at Appendix B sets out strict requirements for entrance signage, including ''The sign should be placed so that it is readable by drivers without their needing to look away from the road ahead'' and ''There must be enough colour contrast between the text and its background, each of which should be a single solid colour. The best way to achieve this is to have black text on a white background, or white text on a black background. [/FONT][FONT=&quot]I therefore respectfully request that my appeal is upheld and the charge dismissed

.[/FONT][FONT=&quot]4. Unlawful Penalty Charge [/FONT][FONT=&quot]
Since there was no demonstrable loss/damage and yet a breach of contract has been alleged for a free car park, it can only remain a fact that this 'charge' is an attempt at extorting an unlawful charge to impersonate a parking ticket. This is similar to the decisions in several County Court cases such as Excel Parking Services v Hetherington-Jakeman (2008), also OBServices v Thurlow (review, February 2011), Parking Eye v Smith (Manchester County Court December 2011) and UKCPS v Murphy (April 2012).[/FONT][FONT=&quot]The operator could state the letter as an invoice or request for monies, but chooses to use the wording “CHARGE NOTICE” in an attempt to be deemed an official parking fine similar to what the Police and Council Wardens issue.[/FONT][FONT=&quot]I therefore respectfully request that my appeal is upheld and the charge dismissed.

[/FONT][FONT=&quot]5. ANPR Accuracy[/FONT][FONT=&quot]
G24 Ltd are obliged to make sure the APNR equipment is in working order, as described in paragraph 21.3 of the British Parking Association's Approved Operator Scheme Code of Practice, version 3 of June 2013. I require G24 Ltd to present records as to the dates and times of when the cameras were checked, calibrated and generally maintained to ensure the accuracy of the dates and times of any ANPR images. This is important because the entirety of the charge is founded on two images purporting to show my vehicle entering and exiting at specific times – it's vital that G24 Ltd produce evidence in response to these points.

[/FONT][FONT=&quot]6. Business Rates[/FONT][FONT=&quot]
As this car park is now being used for the purpose of running a business by G24, which is entirely separate from any other business the car park services, and generates revenue and profit for G24, I do not believe that G24 has declared the running of their business venture at this location to the Local Valuation Office and Local Authority for the purpose of the payment of Business Rates.

I put G24 to strict proof that they have so registered the business they are operating at Toys R Us, Unit 6, Oakenshaw Road, B90 4QY car park with the Valuation Office and to provide proof that Business Rates are being paid to the Local Authority, or to provide proof or explanation of their exemption from such Business Rates.[/FONT] [FONT=&quot]




Ive just lifted and pasted the business rates paragraph - hope thats ok? What does everyone think now?
Is it too long or just about right?

How do you think i should end the appeal? just a yours faithfully?
[/FONT]

Coupon-mad

About right!

Just a remaining typo:

'may not be included in these pre-estimate of loss' = 'may not be included in this pre-estimate of loss.'

And just end 'yours faithfully'.

rizzoface

thanks

do you put your name and address on the top right of these letters ?

Coupon-mad

If you are posting it, yes, and of course the 10 digit code at the top of every single page (all stapled together, not loosely paper-clipped!). With a hard copy POPLA form attached firmly to the front of it all. Send it by normal 1st class post and get a free certificate of posting from the PO Counter clerk.

Or you can copy it into the POPLA submission box online and make sure it has all been received and not chopped off short (by checking the acknowledgement which displays your appeal back to you). Costs you nowt and then at least you know they have got it when you check the acknowledgement.

rizzoface

thanks coupon mad.

Ive uploaded the appeal. Did a copy and paste of the letter in the "why am i appealing box" and then uploaded the letter doc file and picture as evidence.

Fingers crossed!

rizzoface

well ive had a reply from popla:
We have received your appeal.
This will now be sent to G24 Limited. The operator will send their evidence to us and to you before the scheduled date of hearing.
Your appeal will be considered on or soon after 26 November 2013.
You will be notified of the decision as soon as it is available, in the manner you selected.
Yours sincerely,
Richard Reeve
POPLA Administrative Team

rizzoface

Hi Coupon mad

ive had G24's appeal letter along with evidence come through. am i ok to post it on here (taking personal details out of course) to see what you think?