Middlesbrough Leisure Park - Excel £60/100 fine

james915

ColliesCarer wrote: »

On-line submission is via - there is an on-line form to complete and a text box - but it has a character limit which your appeal will most likely exceed - therefore in the text box just enter say the opening paragraph and list of appeal points then add that the full body of the appeal has been attached as evidence in file (xxFilenamexx).
Then choose submit evidence and send your file as an attachment from there.

make sure every page has the Verification code and page no x of x no of pages (did mine as footer info in a word doc)

Thanks colliescarer is verification code the same thing as the POPLA code? cheers

ColliesCarer

Yes - the 10 digit POPLA code

james915

I have some pictures would you recommend to send them the individual pictures in JPG format or upload them online and send them the link to the pictures? thank you all

kidstaxi

james915 wrote: »

I have some pictures would you recommend to send them the individual pictures in JPG format or upload them online and send them the link to the pictures? thank you all

Hi james915,

I'm the one who made fun of Excel and I am pleased to see you've picked up on some things I stuck in the appeal. I added those bits a) because of research and b) because I used my own visits to the car park to pick up any anomalies I could use against them; and there were loads! If you look at the format of my appeal, you will see I have added photos and letters etc as appendices. I ended up actually creating a word document and copying/pasting photos, scans etc into a correctly formatted document.

NOTE: the evidence upload size is 1MB per file. I chose to convert the word document to a pdf (using 'cutePDF') and emailing it to POPLA, quoting the POPLA code on the email and document. The email address is on the evidence upload page. I ended up sending it to 2 email addresses and received confirmation from both saying they had received the email.

However you send it is up to you, but please, please, make sure POPLA can put it all together easily. This is why a properly constructed 'Contents' section is important. Ensure any photos etc are all given reference 'numbers' (e.g. Appendix 1a + Short Description).

The more you look at your appeal, the more you will want to dig further into what Excel and the other scammers are really all about.

BTW, My appeal is due to be dealt with 'on or about 6th May'. I can't wait!

Have fun, I am!

:):):)

Cheers,
Kidstaxi

ColliesCarer

Hi James.

Kidstaxi has made some excellent suggestions about how to include the photos you want to send - only thing I would add is whatever you send make sure it is actually supporting your case and not doing their job for them instead.

They get a copy of everything you send to POPLA before they have to produce their evidence pack.

They will need supply maps of the layout/signage etc etc and companies often mess this up - if they don't provide something in their evidence pack or provide photos of the wrong car park etc you can always send extra evidence/info to POPLA anytime before the appeal is heard.

james915

kidstaxi wrote: »

Hi james915,

I'm the one who made fun of Excel and I am pleased to see you've picked up on some things I stuck in the appeal. I added those bits a) because of research and b) because I used my own visits to the car park to pick up any anomalies I could use against them; and there were loads! If you look at the format of my appeal, you will see I have added photos and letters etc as appendices. I ended up actually creating a word document and copying/pasting photos, scans etc into a correctly formatted document.

NOTE: the evidence upload size is 1MB per file. I chose to convert the word document to a pdf (using 'cutePDF') and emailing it to POPLA, quoting the POPLA code on the email and document. The email address is on the evidence upload page. I ended up sending it to 2 email addresses and received confirmation from both saying they had received the email.

However you send it is up to you, but please, please, make sure POPLA can put it all together easily. This is why a properly constructed 'Contents' section is important. Ensure any photos etc are all given reference 'numbers' (e.g. Appendix 1a + Short Description).

The more you look at your appeal, the more you will want to dig further into what Excel and the other scammers are really all about.

BTW, My appeal is due to be dealt with 'on or about 6th May'. I can't wait!

Have fun, I am!

:):):)

Cheers,
Kidstaxi

Hello Yes you made some excellent points in your appeal and I decided that they were so good that I wanted mind to include the same valid points! Thanks for this Did you submit anything via the online appeal page or did you just email both of your files to them without going through their website? What email address did you use? thank you for your help once again and good luck!!

james915

I found all the information and sent it off, thank you all for your help! Ill let you know how I get on when I hear back and Good luck to you aswell Kidstaxi let me know the outcome!

thumbcrusher

Incidentally Excel have just changed a lot of their signs within the carpark concerned here. They now have the BPA logo on but still no full terms and conditions sign that i could see. At least this proves that their old signage was not in line with the regs!

james915

Heyy guys!

I am pleased to say that I have won my appeal at POPLA against excel parking services!


The Appellant appealed against liability for the parking charge.

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.

The operator’s case is that the terms and conditions at the site clearly state ‘anyone parking in a blue bay and leaving/walking off site will result in the immediate issue of a parking charge notice.’ The driver of the vehicle parked and left the site and was therefore parked in contravention of the terms and conditions.

The appellant’s case is that the operator has not shown that they have the authority to enforce parking charge notices and the charge is disproportionate and is not a genuine pre estimate of loss. The appellant has additionally stated that the signage is unclear and does therefore not form a contract between the driver and the operator.

Considering carefully all the evidence before me, the appellant has stated that the charge is disproportionate and is not a genuine pre estimate of loss. From the wording of the signage, the charge appears to represent liquidated damages, which is compensation agreed in advance and the charge should therefore represent the losses incurred as a result of a breach of the terms and conditions.

The operator has sought to justify the charge and stated that the charge is a genuine pre estimate of loss as the operator ‘incurs significant costs in ensuring compliance with the stated terms and conditions and to follow up on any breaches of these identified.’

Although the operator has provided a breakdown of the losses incurred, a substantial proportion of the charge appears to relate to debt recovery. As cases may not necessarily proceed to debt recovery stage, the individual amounts listed are not substantially linked to the loss incurred as a result of the appellant’s breach, which was parking and leaving the site. I am therefore not satisfied that the operator has sufficiently shown that the charge is a genuine pre estimate of loss. As a result, I need not decide other issues raised by the appellant.

Accordingly, this appeal must be allowed.


Thanks for all your help!

Coupon-mad

Great news!

Have you added a post about your success against this PPC, and a link to this thread, on the 'POPLA decisions' thread for posterity?