Ticket from CPM

lesnmandy

I am not the most computer friendly person. How would I remove my personal information? Should of thought about that before posting really.

Any links / advice. Where to look?

Thank you so much for your help, if you have ping it and I win this I'll ping you money for a pint at the least!

Stroma

Just remove the images from tinypic, no special instructions needed

Coupon-mad

Any links / advice. Where to look?

At other threads, to find how to win at POPLA. You don't need a link to page one of the parking forum. And you don't need to show the pic again now (remove the links you gave), I saw your NTK and they've alleged it was a breach which means you can appeal as already explained. Same as every other thread here...

lesnmandy

I am not a signed up user of "tiny pic" therefore am unsure of how to remove images. Is it due to me being on an iPhone and will be able to remove via a laptop/PC?

Also guess I cannot remove the links from previous posts?

Stroma

Press edit, then just delete the post or edit it

lesnmandy

Thank you kindly. I shall draft a letter and post it here for comments/advice tomorrow.

lesnmandy

So from another topic in my appeal I basically need to reword these two paragraphs for myself? Will these two points be enough?

4). The amount of the charge is disproportionate to the loss incurred by APCOA Parking Ltd and is punitive, contravening the Unfair Contract Terms Act 1997. I also consider the PCN to be a penalty because APCOA Parking Ltd have alleged a breach of terms and conditions and yet have not quantified their alleged loss (which cannot include business running costs nor the POPLA fee).

5). I do not believe that the Operator has demonstrated a proprietary interest in the land, because they have no legal possession which would give APCOA Parking Ltd any right to offer parking spaces, let alone allege a contract with third party customers of the lawful owner/occupiers. In addition, APCOA Parking Ltd's lack of title in this land means they have no legal standing to allege trespass or loss, if that is the basis of their charge. I require APCOA Parking Ltd to demonstrate their legal ownership of the land to POPLA.

Guys_Dad

We need to see the layout and content on the Genuine Pre-estimate of Loss point. On another thread today, Wilson1 has lost an appeal because the assessor didn't see it although it was in the appeal, but a bit obscured. (an appeal to the lead adjudicator is being considerd).

So, let's see the full monty as we want you to win.

lesnmandy

I'll have to research more then because I still don't have much idea on how to word these points. Hard to reword something you don't quite understand yourself.

lesnmandy

Any feedback on this? have i worded it correctly and got the point across? also is this enough?



I am appealing my charge for reasons such as the car park managementcompany alleging “breach of contract”

I would like to see proof that the parking management companyhas the proper legal authorisation to contract consumers on the landowner’sbehalf and enforce for breach of contract, and what and whose costs come fromthis. A parking charge is not automatically recoverable simply because it isstated to be a parking charge as it cannot be used to state a loss where none exist.It shouldn’t be recoverable as it is being enforced as a penalty, this chargedoes not represent a genuine pre-estimate of loss and therefore does not meetthe requirements of applicable consumer protection legislation, for one examplethe unfair term in consumer contracts regulations 1999.



CPM in this case cannot justify how £60-£100 is a genuinepre-estimate of loss, please keep in mind that losses such as site signage andmaintenance, staff employment, membership fees required by the business andgeneral costs (postage etc) are typical costs of running a company and cannotbe justified as pre-estimate of loss.