Parking Eye/Welcome Break vs. Me!

Coupon-mad

And I Googled 'MSA parking' last year and found a discussion document put forward by the DFTransport I think, which suggested the 'fine' regime should end and that motorists should be given clear signage of how to pay if overstaying...say £10 or something to stay longer than two hours, before leaving or within 24 hours (like a congestion charge). The information I found was an official report which heavily criticised the 'penalty culture' as not fit for a place where drivers are encouraged to rest, for road safety.

Great, I thought...until I read the update and the entire suggestion had gone from the final resolutions. Guess who put their oars in, one must assume it was those smarmy lobbyists the BPA Ltd, and very probably individual PPCs like PE and CP Plus who infest MSAs. Someone clearly stamped on the idea and I only found out about it after the public consultation. Very frustrating but we know the BPA Ltd. have an agenda to lobby Government and are considered to be some sort of parking 'experts' when the truth is, they are merely a Trade Body, representing the clear interests of members like PE.

superbuilder

It really is odd that the AA were supportive of PE actions! Like you say in France there are massive areas that have no time penalty implied.

Thanks coupon-mad for your sound advice once again. If I issue a LBCCA now though without waiting for a verdict from POPLA, would that not weaken my case? I certainly will contact Biker Paul as I have no legal training at all. I just wonder if a local solicitor would be interested in a no win no fee type arrangment. I can be quite wordy and quick to read and learn but I feel I may be weighed down a bit on my own.

Coupon-mad

No, in fact your case is stronger for damages if you rattle the cages early and tell the parties you are unhappy with, that they have caused you loss....etc. Hence why in the newbies thread, we actually include a template paragraph for first appeal stage which warns a PPC that 'you will lose at POPLA on 'no genuine pre-estimate of loss' so if you persist I will charge for my time at the court rate of £18 per hour, plus costs, etc.'

Biker Paul is one of the few who has ultimately called their bluff and filed a MCOL.

There are also cases where people have got damages from other PPCs:

http://www.mirror.co.uk/news/uk-news/thousands-parking-fines-could-overturned-2367275#.UufDlR3FJtE

There was another one about a driver who sued 'NGP' last year as well which I think is linked in Biker Paul's 'Parking Lye' thread on pepipoo.

superbuilder

Just in case anyone's interested here is the reply from WB. Clearly marching to the PE tune...

Dear Mr X,

Parking Eye are part of the BPA Approved Operator Scheme, therefore all
signage in place must conform to regulations, including height and size.
The signs are of a similar height to other road signs which are legible
from any standard motor vehicle.

Parking Eye manage the car parks on our behalf to enforce this policy
and to make sure that there is adequate spaces available for customers
to use.

A free 2 hour period is provided to park and after this time, a tariff
applies. This is in place across our sites and also is in place across
many other motorway service providers. If you disagree with the charge,
you can write to Parking Eye's appeals team directly. Parking Eye runs
an extensive appeals service, with each appeal being looked at on a case
by case basis. If Parking Eye does reject an appeal, you would be
provided with a further opportunity to appeal to POPLA (Parking on
Private Land Appeals Service).

Therefore, as outlined to yourself, we ask that you direct all your
further queries to ParkingEye directly. Details of how to contact them
can be found on the letters that have been sent to yourself.
Unfortunately at this point we would not be able to offer any further
comment on this matter.

Regards
Parking Team
Welcome Break

superbuilder

Also just seen the lunchtime news and ITV have been very supportive. What is odd is that the AA spokesman this time has said that he is unhappy with the "invoice" that has been sent to me...the AA really should decide which horse they are backing!

I shall have a thorough look tonight coupon-mad and see if I can fathom my way through it!

Coupon-mad

superbuilder wrote: »

Just in case anyone's interested here is the reply from WB. Clearly marching to the PE tune...

Dear Mr X,

Parking Eye are part of the BPA Approved Operator Scheme, therefore all
signage in place must conform to regulations, including height and size.
The signs are of a similar height to other road signs which are legible
from any standard motor vehicle.

Parking Eye manage the car parks on our behalf to enforce this policy
and to make sure that there is adequate spaces available for customers
to use.

A free 2 hour period is provided to park and after this time, a tariff
applies. This is in place across our sites and also is in place across
many other motorway service providers. If you disagree with the charge,
you can write to Parking Eye's appeals team directly. Parking Eye runs
an extensive appeals service, with each appeal being looked at on a case
by case basis. If Parking Eye does reject an appeal, you would be
provided with a further opportunity to appeal to POPLA (Parking on
Private Land Appeals Service).

Therefore, as outlined to yourself, we ask that you direct all your
further queries to ParkingEye directly. Details of how to contact them
can be found on the letters that have been sent to yourself.
Unfortunately at this point we would not be able to offer any further
comment on this matter.

Regards
Parking Team
Welcome Break

We have seen that before; a template written by ParkingEye, after they got stroppy when the MD of Welcome Break started agreeing to cancel PE charges a few times in the Summer. See how Welcome break have been used like a puppet by PE, if you read the 'Successful Complaints about PPCs' sticky thread here:

https://forums.moneysavingexpert.com/discussion/4766249

and compare the WB links with your own outcome (there are nine WB links there, look how the outcomes changed - and I have not been able to report much success at all recently as everyone now gets that garbage response). Hence why I now say 'complain to the local manager only' because we've still seen help at a local level. The Head Office were 'got at' and warned off as you can tell from the huge shift in responses to complainers, around late Summer.

superbuilder

I've just sent an email to head office asking for the contact details of who my LBA should be sent to as the Fleet services refused to give me that information! Also read the CAB website about sending LBAs and it is actually more straightfoward than I first thought...guess what I'm doing tonight!

superbuilder

Here is the video of the section ITV did if anyone's interested...

http://www.itv.com/news/west/update/2014-01-28/tired-driver-wakes-up-to-a-100-fine/

superbuilder

Hey guys,

Just an update on the POPLA...

The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.


The Assessor’s reasons are as set out.


The Operator should now cancel the parking charge notice forthwith.
Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils
Calls to Parking on Private Land Appeals may be recorded









Reasons for the Assessor’s Determination


It is the Appellant’s case that the parking charge notice was issued
incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any
evidence to show a breach of the conditions of parking occurred, nor any
evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.


Shehla Pirwany
Assessor

Job well done, thanks guys

Stroma

Well done to you your result has been added to the popla decision thread