VCS reject appeal

Guys_Dad

mc303m wrote: »

@ storma i'm not looking to be spoon fed, just what I am appealing against 1 DONT KNOW THE LAWS

You are making the newbies' common mistake which is "I done wrong, guv, so they are right to charge me".

Our point is " regardless of the facts, PPCs are penalising motorists to a ludicrous extent to which they are not entitled and we concentrate on helping people based on that point"

mc303m

I got a letter yesterday stating they had sent me the wrong verification code, does this affect anything?
thank you

Coupon-mad

Just means you need to use the right verification code when you submit your POPLA appeal...the appeal that you will be drafting urgently based on our 25 examples! Show us first, we DO want you to win at POPLA but we can't do any more than give you the paragraphs that will win and ask you to create a draft appeal from them!

mc303m

thank you i'll see to it today

Coupon-mad

Do ask any questions if unsure about our paragraphs but MAKE SURE you have the 'no genuine pre-estimate of loss' wording and the 'they don't own this car park so I require them to produce their contract with the landowner which shows...blah...' wording. Those are two major ones for staters, plus always have a paragraph criticising the entrance signs (and other signs inside the car park) as not seen/too high/too small writing and not readable to a driver in a car on approach.

mc303m

I have re-reading the parking ticket and also spoke to the council and did some of the research with the help you kindly gave me, on the ticket it states, parked on a clearway, it also gives contravention codes as, parked in a restricted area of a car park, and "other"
1, should there be highway code signs alerting drivers its a clearway?
2. I was not in a car park I was on a road on the opposite side of a nearby entrance to a carpark,
3. I did see a sign that said private property no unauthorised parking on this site, but this sign is on the inside entrance to a carpark, the other sign was on the inside of an entrance to a unfinished building side that was boarded closed and blocked off with concrete slabs,
could this be used as the signage appeal?
thx

mc303m

everything I have researched relates to people in car parks or PE I cannot find anything relating to trespass on a clear way, I understand the pre estimate loss, and I understand the "contract" but did I enter into a contract as I was parked on a road? I need help plz
thank you

spikyone

mc303m wrote: »

everything I have researched relates to people in car parks or PE I cannot find anything relating to trespass on a clear way, I understand the pre estimate loss, and I understand the "contract" but did I enter into a contract as I was parked on a road? I need help plz
thank you

It really doesn't matter whether it's a clearway or anything else for PoPLA.

For the sake of clarity, your appeal should be on two main points:

1. VCS must prove that either they own the land, or that they have written authority from the landowner to pursue parking charges. This must be in the form of a signed and dated contract that was in force at the time of the alleged incident, a 'witness statement' is not acceptable.

2. VCS must prove that the amount they are claiming is a "Genuine Pre-Estimate Of Loss" (GPEOL) incurred by the landowner, as a direct result of the driver's alleged actions. Losses do not include VCS' running costs.

These two appeal points are relevant in every PoPLA appeal.

You could also pursue the discrimination angle as suggested by C-M, but I would suggest you keep it simple.

Read the links that others have given you, and look for other appeals using these two points. Put together a draft letter based on them - and do this quickly as there is a time limit - and then post it here so that you can get some feedback before sending it.

Coupon-mad

mc303m wrote: »

everything I have researched relates to people in car parks or PE I cannot find anything relating to trespass on a clear way, I understand the pre estimate loss, and I understand the "contract" but did I enter into a contract as I was parked on a road? I need help plz
thank you

This ticket isn't alleging trespass. It's alleging breach of contract for which they can only charge for a genuine loss. Your POPLA appeal needs to be the same as the examples, pretty much! Your case is the same as all of them, details like road/car park don't matter.

mc303m

Thanks for all your help, this is my appeal:

Dear POPLA
Appeal verification code xxxxxxxxxx VCS PCN number xxxxxxx

I am the registered Keeper of the above vehicle and I am appealing against above charge. I contend that I am not liable for the parking charge on the following grounds and would ask that they are all considered.



1. I require that the contract with the landowner is produced, as VCS are not the landowners and I contend they have no legal standing to pursue this charge.

2. The amount demanded is not a Genuine Pre-estimate of loss.


1.Valid contract with landowner
It is widely known that some contracts between landowner and parking company have ”authority limit clauses” that specify that parking companies are limited in the extent to which they may pursue motorists. One example from a case in the appeal court is Parking Eye –v- Somerfield Stores (2012) where Somerfield attempted to end the contract with Parking Eye as Parking Eye had exceeded the limit of action allowed under their contract.
In view of this, and the British Parking Association (BPA) Code of Practice section 7 that demands that a valid contract with mandatory clauses specifying the extent of the parking company’s authority, I require the parking company to produce a copy of the contract with the landowner that shows POPLA that they do, indeed have such authority.
It has also been widely reported that some parking companies have provided “witness statements” instead of the relevant contract. There is no proof whatsoever that the alleged signatory on behalf of the landowner has ever seen the relevant contract, or, indeed is even an employee of the landowner. I require, if such a witness statement is submitted, that it is accompanied by a letter, on landowner’s headed notepaper, and signed by a director or equivalent of the landowner, confirming that the signatory is, indeed, authorised to act on behalf of the landowner, has read the relevant terms of the contract and is qualified to attest to the full limit of authority of the parking company

2.The amount demanded is not a Genuine Pre-estimate of loss
This parking charge does not represent a genuine pre-estimate of loss and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. So the entirety of the parking charge must be a genuine pre-estimate of loss in order to be possibly enforceable. VCS in this case cannot possibly justify £100 as a genuine pre-estimate of loss, if it was why would they offer me a reduction from £100 to £60?.

The Office of Fair Trading has stated to the BPA Ltd that a 'parking charge' is not automatically recoverable simply because it is stated to be a parking charge, as it cannot be used to state a loss where none exists. Parking charges cannot include tax-deductible business costs for running a parking company, such as site signage and maintenance, staff employment, membership fees, postage, etc. It should not be recoverable as it is being enforced purely as a penalty. These PCNs represent the only profit for VCS and it is clear that they cannot be operating at a permanent loss.
It would, therefore, follow that these charges were punitive, have an element of profit included and are not allowed to be imposed by parking companies.
This concludes my appeal.