Parking Eye restarted after LBC, Help needed please

nats78

Hi,
I received an LBC and have thankfully got the PCN restarted by naming my husband as the driver(which he was,lol) and am trying to find a good angle to appeal.
The PCN that was received from Parking Eye shows pictures of my vehicle entering and leaving the car park. But was it actually monitored/filmed actually parked up??
They are saying I breached contract by entering this area without a permit, even though there are NO barriers and every man, woman and their dog enter and park up all day everyday!!
Also the address of the place the vehicle was parked does not show up when I google it, could this help?

Hot_Bring

You're thinking about this too much.

1. Appeal on the usual grounds of no valid contract in place, no GPEOL and inadequate signage.
2. Await rejection
3. Appeal to POPLA using the examples on here.

bod1467

Please read the NEWBIES sticky thread. This is ALL covered in detail, including a process flow of appeals/POPLA etc.

Forget about what happened - it doesn't matter. You'll appeal (and win) based on contract law.

spacey2012

Agree, drop every other line but the working POPLA points.
POPLA only allow on where they have been backed in to a tight corner on points of Law.
They make up for this by hammering the others that use mitigation such as "er I paid and can prove it, here is the receipt"

nats78

Thanks so much for ALL of your advice

The_Deep

It is quite simple, they did not lose £100 because of your flagrant disregard for their T & Cs, they probably lost less than a fiver. They are therefore trying to penalise you.

The Law of Contract proscribes penalties, all you have to do is to put them back in the position which they were before the breach of contract, (if indeed a contract was in place), occurred.

You whisper "no genuine pre-estimate of loss" in the judge's ear and you win the cuddly toy.

Nodding_Donkey

And stop saying "I" and "me" if you expect them to believe your husband was driving

Redx

the "driver" appeals on the usual appeal points of not a gpeol , no locus/standing/contract and bad signage , possibly anpr too , also on any other reasonable legal appeal point

use the template in the newbies thread , follow this flow chart https://forums.moneysavingexpert.com/discussion/4922055

this explains how operators use ANPR http://parking-prankster.blogspot.co.uk/2014/02/how-parking-operators-use-anpr.html

this explains the reasons behind what happened and the consequences https://forums.moneysavingexpert.com/discussion/4835943 post #6

appeal at popla when you get a popla code

forget "what happened" as its not relevant and popla wont care or use it and it blocks your mental process in dealing with this in a detached and professional way that will win when you have done so

all that matters is using the appeal template and popla appeals that win at popla - nothing else matters

edit your previous posts that mention what you did or did not do, only THE DRIVER or RK should be mentioned

good luck

The_Deep

Nodding_Donkey wrote: »

And stop saying "I" and "me" if you expect them to believe your husband was driving

Indeed, she does incriminate herself rather.

nats78

Nodding_Donkey wrote: »

And stop saying "I" and "me" if you expect them to believe your husband was driving

Lol, sorry but it will be me dealing with it, as my hubby won't.

4consumerrights

@Nats78 - I take it the driver has not appealed yet to get the POPLA code?

Don't waste any time in doing this - just a standard appeal here will do - you could even cut down the NEWBIE standard one and go with the three points raised in Hot brings post above. Just to hook a POPLA code.

Did you not check out your first thread as further posts were made on that?

Is this the place:

http://www.stmodwen.co.uk/media-centre/news/view/car-park-complete-at-wythenshawe-town-centre