Parking Eye Fine - Fistral Beach

surfboy1

You could also complain to newquay town councillor, Geoff Brown.

siross

Thank you surfboy, I assume his details are on the Newquay website?

Thanks,

Simon

surfboy1

He is Newquay Town councillor for Newquay central.

4consumerrights

siross wrote: »

Thanks for all the advice guys, I think I will ring and complain to the Atlantic Hotel in that case, I may also complain to the tourist board as already mentioned.

I've had a look through the different threads as suggested. I focussed on the recent Fistral Beach Parking Eye thread along with the linked Highview examples.

I think at this stage I would prefer to go down the "short and sweet" route and spend more time on the POPLA appeal. Looking at the Highview case I can either go very short and only include the below:

Dear Sirs

I am writing to you regarding parking charge xxxxxxxxx issued to vehicle xxxxxxxx on xx/xx/2013, your charge is punitive and unenforceable.

Yours,

XXXX

Or add a bit more to it using some information from the Fistral Beach case;


Dear Sirs

I am writing to you regarding parking charge xxxxxxxxx issued to vehicle xxxxxxxx on xx/xx/2013, your charge is punitive and unenforceable.

As the registered keeper, if you reject this challenge I will state to POPLA - among other points of appeal - that I believe any signs you have there are unlit, unclear and wholly inadequate for a driver to see. This unclear signage is a breach of the BPA Code of Practice and you should make the terms and conditions much clearer at that site.'

If you refuse this challenge, I require that you forward me a POPLA verification code within 35 days of the original challenge to you, per Version 2 of the BPA Code of Practice.

Yours,

XXXX

Is it better to stick to the shorter version at this stage or put some more information in there?

I also note the Parking Cowboys template letter is very thorough and asks for a lot of information from PE. Should I be asking for such information to help my POPLA appeal? Or is it easy enough to win a POPLA appeal with the information at hand currently?

Thanks,

Simon

The main objective at this stage is to get a popla code - Parking Eye are 99% sure to reject anything you say but..

IMO - I would keep it simpler:

The RK denies any liability for the parking charge incurred as on the day in question the driver did not see any signage upon entering the car park due to insufficient lighting. Therefore no contract was formed between the driver and Parking Eye.

Please therefore cancel the aforementioned charge forwith or supply a POPLA code for appeal whereupon further appeal points will also be added including the charge being an unenforceable penalty due as it fails to redress any genuine pre-estimate of loss incurred by the alleged breach.

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Interesingly enough Newquay town council are being inundated with complaints about parking eye and claim not be able to get involved as it is a civil matter - they do however recommend:

"We also recommend contacting Cornwall Council's Roads, Transport and Parking office on 0300 1234 222"

http://www.newquaycouncil.co.uk/faq

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However there are also another number of committees such as planning and tourism and economic development etc which can be contacted as well as Cornwall Councils main site.

I would be inclined to contact the relevant departments and ask if planning consent has been sought for the use of the ANPR cameras and check if business rates are being paid by Parking Eye.:)



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https://www.parkingticketappeals.org.uk - guarantees your parking charge cancelled for any parking eye ticket on private land - retail park or parking ey at fistral beach it makes no difference.

siross

Thank you, I'll start the appeal process now!

Edit: I assume the above gives me plenty of room to add extra stuff in the POPLA appeal?

I also assume that I say I am the "registered keeper" rather than "driver and registered keeper"?

Thanks,

Simon

Umkomaas

Definitely there is flexibility to add many further appeal points to a POPLA submission. One of the main reasons why first stage appeals to the PPC are so short is that the clear evidence is, no matter what is written, rejection is automatic in virtually all PPC-appeal cases.

If it was the case that PPCs judged appeals on a much more legitimate, fair and transparent basis, more effort and detail would be put into them, but as no such process has emerged, we have learned to adapt to their (lack of) method. The advice is, short and sweet, keep your powder dry for POPLA.

Never connect the driver and the RK.

siross

OK I'll do it now, thanks.

Simon

siross

I've just lodged via their on line system.

I haven't had any confirmation though, do I need to do anything further? I've put my address in the details but not my email address or phone number.

Thanks,

Simon

Umkomaas

siross wrote: »

I've just lodged via their on line system.

I haven't had any confirmation though, do I need to do anything further? I've put my address in the details but not my email address or phone number.

Thanks,

Simon

Plenty of reading of the POPLA Decisions sticky and making note of the winning appeal points.

1. Signage
2. Lack of proprietary interest in the land and ability to form contracts with third parties
3. Lack of contract with the landowner and ability to pursue charges including to court in their own name
4. GPEOL

So in your shoes I'd be jotting down (cutting and pasting) some of the really good appeal points against the above list and start working them into a basic draft. The more you get to understand them, the better your chances at POPLA.

Then when the inevitable PPC rejection arrives you won't be starting your POPLA appeal from cold. It's amazing the numbers who just wait for the guaranteed rejection, then come back here saying 'Help, what do I put in my POPLA appeal'!

Don't forget to show your near-ready draft here for final advice from regulars before sending to POPLA.

HTH

siross

Thanks

That's my "fun" for this lunchtime at work!

I shall report back with my inevitable rejection and initial POPLA draft appeal.

Thanks for the help so far guys, this forum is awesome!