Popla

Coupon-mad

Nothing to stop you emailing some comments to POPLA ... but if you've already submitted a strong POPLA appeal and the PPC haven't included their landowner contract nor shown how this charge can have been 'genuine loss' then they are on a hiding to nothing anyway.

NJH1

Extract from the notification just received.

"Considering carefully all the evidence before me, although the operator contends that the charge is a contractual term, the wording of the signage states ‘failure to comply with any of these conditions may result in your vehicle being issued with a parking charge notice.’ It is clear from this wording that the amount will only be sought in the event that the appellant is parked in breach of one of the terms listed on the signage and therefore the charge would appear to represent liquidated damages, which is compensation, agreed in advance; this means that the breach should represent the actual loss caused. The operator has failed to reference the loss incurred in this case and therefore I have no evidence to dispute the appellant’s claim that the charge is not a genuine pre estimate of the loss incurred as a result of failing to display a pay and display ticket. As a result of this, I need not decide the other issues raised by the appellant.
Accordingly, this appeal must be allowed".

Yes....
Thank you!

kirkbyinfurnesslad_2

Well done you , spread the word!

NJH1

Thanks to all for the posts and this forum. I confess to ignorance before I came to the forum and feel for those who are made to believe they have to pay up.

I guess this means that this operator can not continue to demand these charges at this site and others must be made aware. Any ideas HOW to effectively spread the word?

Coupon-mad

It means nothing earth-shattering, except that you don't have to pay. But you are free to try to get a local newpaper to explain the score with these fake PCNs, the intimidation involved and how to beat them. Well done by the way!

Have you posted about this success in the 'POPLA decisions' sticky thread for posterity and to help to inform newbies how easy this is? State which PPC it was and give a link to this thread as well as that decision wording.

kirkbyinfurnesslad_2

NJH1 wrote: »

Thanks to all for the posts and this forum. I confess to ignorance before I came to the forum and feel for those who are made to believe they have to pay up.

I guess this means that this operator can not continue to demand these charges at this site and others must be made aware. Any ideas HOW to effectively spread the word?

By spreading the word, i just mean telling your friends really, word of mouth really is the best tool!, might save someone some money one day

Umkomaas

Considering carefully all the evidence before me, although the operator contends that the charge is a contractual term, ........

I wonder whether some of these PPCs are getting wind of the fact that 'contractual terms' might somehow challenge GPEOL? It seems to be creeping in a little bit of late.

Never mind, out of the frying pan ......... and into the fire.

Value Added Tax

NJH1

So true about 'spreading the word'. As I do so (and couldn't resist letter to the relevant local paper) others out themselves as having fallen victim, and have either paid up or live in fear of reprisals after ignoring notice! This forum really works.

The_Deep

A note to Trading Standards, mentioning 60 odd cancelled tickets on GPEOL might be worth a try, also contacting your M.P.