POPLA Appeal Advice

Coupon-mad

Yes there's no harm at all as all evidence is open and you can share it here, unless they have attached their actual landowner contract and specifically said that it (or anything else) is not to be shared/published. Should be interesting in particular their protestations about 'loss' and 'landowner contract'.

Guys_Dad

Watch out for their evidence of a contract isn't a witness statement.

I have a bit on that in a POPLA guidance thread I wrote here. (point 2) https://forums.moneysavingexpert.com/discussion/4816165 Take a look and feel free to copy any bits as a supplementary to POPLA if they try to use it and also look at the Parking Prankster's blog on witness statements

rizzoface

ill jsut copy and paste their appeal

rizzoface

[FONT=&quot]Case summary[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]On the *********[/FONT][FONT=&quot] vehicle registration: [/FONT][FONT=&quot]*******[/FONT][FONT=&quot] [/FONT][FONT=&quot]make: [/FONT][FONT=&quot]AUDI[/FONT] ******[FONT=&quot] colour: [/FONT][FONT=&quot]*****[/FONT][FONT=&quot] was parked on our client’s property at: [/FONT][FONT=&quot]Toys'R'Us[/FONT],***************[FONT=&quot][/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The parking terms and conditions which show a permitted free parking period of [/FONT][FONT=&quot]45[/FONT][FONT=&quot] minutes are clearly displayed at the entrance to and in prominent places within the car park. By entering the car park, the [/FONT][FONT=&quot]appellant [/FONT][FONT=&quot]agreed to be bound by these terms and conditions. In accordance with this agreement, the appellant is required to pay the sum of £[/FONT][FONT=&quot]75[/FONT][FONT=&quot].[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The vehicle was captured entering the car park at [/FONT][FONT=&quot]******[/FONT] 11:34 [FONT=&quot]and exiting the car park at [/FONT][FONT=&quot]******[/FONT] 12:34[FONT=&quot]remaining on site for a total of [/FONT][FONT=&quot]60[/FONT][FONT=&quot] minutes.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]An information request to the DVLA was made on [/FONT][FONT=&quot]*******[/FONT] [FONT=&quot] and a Contractual Parking Charge Notice was issued on [/FONT][FONT=&quot]*****[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Rules/conditions[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The parking terms and conditions which show a permitted free parking period of [/FONT][FONT=&quot]45[/FONT][FONT=&quot] minutes are clearly displayed at the entrance to and in prominent places within the car park.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Term breached:[/FONT][FONT=&quot] [/FONT][FONT=&quot]Exceeding[/FONT] the maximum duration of stay permitted at our clients site Toys'R'Us, Unit 6,[FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Term applicable:[/FONT][FONT=&quot] That a sum ("the Parking Charge") of £[/FONT][FONT=&quot]75[/FONT][FONT=&quot] was payable.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]On the ****** G24 Ltd received an letter of dispute from the appellant in regards to their Contractual Parking Charge Notice on the grounds that we are under no legal obligation to issue CPCNs at this site, and that TRU’s now have a disappointed customer. [/FONT]
[FONT=&quot]There are sufficient signs at this car park and within the store explaining the parking terms and conditions to motorists. This site includes a main entrance sign. We operate the site in accordance with the BPA/AOS guidelines, I refer you to section 7.1.[/FONT]
[FONT=&quot]"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."[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We have authority from the landowner or their appointed agent for all the sites. The appellant was unable to provide evidence of a proof of purchase from the date of contravention. [/FONT]
[FONT=&quot]As the motorists could not prove a purchase at the time of the contravention and did not notify any staff member of their registration number we have rejected their appeal.[/FONT]

[FONT=&quot][/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]They then go on to include all the communication we had before i got my POPLA code and included a birds eye view of all their onsite signs as well as a nice CLOSE UP of the their ridiculous signs.[/FONT]
[FONT=&quot]What is interesting however is that in the first paragraph they state the terms and Cond. are displayed clearly at the entrance and around the car park. Well they may be round the car park but all that their is at the entrance is a blue sign stating Customer Parking Only. Nothing about any charges.
[/FONT]

Coupon-mad

They'll lose.

They've admitted the charge is for 'terms breached' but haven't proved the charge was a 'GPEOL'.

And they haven't included their landowner contract.

And they haven't addressed all your appeal points.

''Accordingly, I must allow the appeal.''

Coupon-mad
self-appointed Assessor!

esmerobbo

I would be ashamed to have submitted that case summary, do you think they had a year 7 do it as a project?

Stroma

45 minutes to shop in toysrus ? They should be ashamed of themselves! Hope you have complained to then?

rizzoface

i did complain to their head office - got a reply saying G24 handle the car park and its out of their control. Completely teflon'd it off. Wont be shopping there ever again.

rizzoface

Coupon-mad wrote: »

They'll lose.

They've admitted the charge is for 'terms breached' but haven't proved the charge was a 'GPEOL'.

And they haven't included their landowner contract.

And they haven't addressed all your appeal points.

''Accordingly, I must allow the appeal.''

Coupon-mad
self-appointed Assessor!

yeah theyve completley not addressed anything ive asked for.

Whats a GPEOL?

HO87

rizzoface wrote: »

yeah theyve completley not addressed anything ive asked for.

Whats a GPEOL?

Genuine Pre-estimate of Loss.