Parking Eye/Welcome Break vs. Me!

bod1467

superbuilder wrote: »

I have appealed to POPLA also but I mainly sent an angry rant before I read the advice on here so I am not holding my breath with them!

Just to be absolutely clear ...

* You received a postal PCN regarding this incident
* You wrote a rant to Parking Eye as an appeal
* PE rejected your appeal and gave you a POPLA reference
* You wrote a rant appeal (pretty much) to POPLA

Is that correct?

Guys_Dad

If you want to win at POPLA and deny the PPC your money, then do as said. There are hundreds of successful POPLA appeal templates on here and you are literate enough to use the relevant points to win.

In your case, GPEOL and "no contract" are the two I would major on.

Simply quote your POPLA number and ask that your supplementary appeal points be considered.

The thread POPLA DECISIONS at the top of the forum (read backwards from last post, not from #1) show that we know what we are talking about.

Hope you decide to do this and then come back and tell us how you won.

superbuilder

Hi guys,

Thanks for all your replies. Unfortunately bod1467 that is correct. Both of my appeals have been based entirely on rants so far. I am interested to note however that I may still be able to submit further details to POPLA. When I get home tonight I will look into this further. Will it not harm my appeal to POPLA further if I suddenly submit a more carefully worded letter? To be honest, I have messed this up due to my own hot headedness and eagerness to rant to POPLA.

RedX, Thanks for the links. I shall study them later and post a revised appeal on here tonight. I too couldn't believe the AA would give such advice considering there has been a massive police radio campaign recently about falling asleep at the wheel.

Hopefully my stint on ITV news tonight may help (or hinder!). Apprently someone from BBC Wiltshire has been speaking to WB concerning the charge and they are "looking into it" from an email just received so maybe they will see common sense and cancel it.

Iceweasel

If either Welcome Break, Parking Eye, or POPLA uphold your appeal on the grounds that you needed to rest and it was unsafe to continue your journey, then you would have set a landmark precedent.

Personally I can't see that happening as everybody and his dog will then have a valid case to have all future tickets at Motorway Service Areas cancelled.

I don't think that they will roll over that easily.

I hope they do though and you and everyone else will have won a huge victory.

superbuilder

Thank you Guys Dad. To be perfectly honest, I have started reading some of the POPLA appeals and felt slightly overwhelmed! One of the successful ones did only mention GPEOL and no contract and it was upheld so I think I shall focus on that.

I sustain my point that if PE are using an implied contract between the driver and them as their reason for charging then what's to stop someone putting a sign up in the street saying "if you stand here, you agree that I can shoot you"? A bit extreme I know but same principal?

I'll let you know how the ITV piece goes tonight...

Stroma

Read that thread from the latest post and go back a few pages. Parking Eye lose ALL appeals that use genuine pre estimate of loss! Trust us we've done this hundreds of times, and since last March or so have not lost a single time with forum assisted appeals

teabelly

Is it considered illegal to drive tired? If so then the OP would have been forced to break criminal law in order to avoid a civil penalty...

I can't remember whether the Highway code says MUST NOT or just should not for tired driving.

I think the rant has a very valid point and one that is specific to motorway rest areas.

spacey2012

What date have they used ? did your stay span two dates ?

superbuilder

Spacey, the date was just about the same. Entered at 00:09:32. Would it have made a difference if it did happen to be two separate days?

So GPEOL is the way forward then...I shall prepare a new and well argued response tonight! It seems from the look of it that POPLA don't like people that ramble on too much so shall have to curtail my normal war and peace!

Stroma

Just use this as basis, you don't need to ramble.

1) No genuine pre estimate of loss to them or the landowner
2) The signage being inadequate and does not comply with the BPA CoP
3) No authority or contract to issue these invoices

Those 3 points are all winners