Parking eye asking for evidence(read newbie thread)

Galaxy.mad

Stroma wrote: »

Well as I said above write back to them

Dear Parking Eye

In reference to you letter dated xxxxx, there is nothing to add to the appeal, and as such try to abide by the instructions sent to you from the dvla. I know you have difficulty on following the most simple of things, so it's been added to this letter below:

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

Now send the popla verification code or cancel it's up to you. But you have 14 days to do either.

Faithfully

Thanks Stroma will get that sent tomorrow!

Umkomaas

Don't worry, you could 'admit' everything PE is accusing you of, but if they can't prove that their Genuine Pre-Estimate of Loss is £100, you (driver or RK) win every time at POPLA - with the right form of words in your appeal.

Stroma

Galaxy.mad wrote: »

Thanks Stroma will get that sent tomorrow!

Get a free proof of postage from the post office if you do, and by the way others may have something to add, or even something completely different, just wait to see on that score.

Ivor_Pecheque

Going back to the signage thing, there are some rule (?DVLA/?BPA) that state that you shouldn't have to elevate your head more than 10 degrees to read the signs. Parking Eye's signs are rarely compliant, but this seldom seems to impress the judge.

As greater minds than me have suggested, the other legal points (Locus standi, Loss etc) seem to impress every time.

In our case, I took great care to point out the non compliance of the signs. Some were even dangerous. Parking Eye legal team are fully aware of this, it would be interesting to see what happens if someone got hurt.

Galaxy.mad

Ivor_Pecheque wrote: »

Going back to the signage thing, there are some rule (?DVLA/?BPA) that state that you shouldn't have to elevate your head more than 10 degrees to read the signs. Parking Eye's signs are rarely compliant, but this seldom seems to impress the judge.

As greater minds than me have suggested, the other legal points (Locus standi, Loss etc) seem to impress every time.

In our case, I took great care to point out the non compliance of the signs. Some were even dangerous. Parking Eye legal team are fully aware of this, it would be interesting to see what happens if someone got hurt.

I actually drove back past the car park and there are 2 signs at the entrance but I only noticed them as I was looking for them, if your just driving normally you wouldn't of seen them. Also where I waited it was in like a lay by parking place next to a hedge row. I don't know if it's worth going back and taking photos, maybe even a video of driving around to show I couldn't read any signs.

Redx

Galaxy.mad wrote: »

I actually drove back past the car park and there are 2 signs at the entrance but I only noticed them as I was looking for them, if your just driving normally you wouldn't of seen them. Also where I waited it was in like a lay by parking place next to a hedge row. I don't know if it's worth going back and taking photos, maybe even a video of driving around to show I couldn't read any signs.

it is if it helps to prove your case, but not if it proves otherwise

Galaxy.mad

Hypothetically speaking if I chose a route through the car park that was particularly devoid of signs to still reject the appeal they'd have to go there themselves. Wonder if they actually would!

da_rule

They may not have to go there, as they should have a plan of the site showing the location of all their signs.

bod1467

da_rule wrote: »

They may not have to go there, as they should have a plan of the site showing the location of all their signs.

Which they'll submit as a rebuttal to your poor signage claim. But don't worry - they'll probably send the signage plan for the wrong place.

HO87

Although I can understand that the signage doubts wrankle somewhat the truth is that with one of our PE appeals sent to POPLA (once PE have condescended to grant you a POPLA code, that is) you will win. In the last few months PE have effectively acknowledged the fact that their case has no basis whatsoever by not even defending POPLA appeals - they simply do not reply.

da_rule wrote: »

They may not have to go there, as they should have a plan of the site showing the location of all their signs.

But as we know PE have developed a habit of failing to keep accurate records of their signage plans and those that they have produced have often proved to be way off beam. The more cynical amongst us would suggest that that had been deliberate. Being a charitable soul...