Parking charge notice for 17 seconds....help needed

Ivor_Pecheque

They've taken a photo of your vehicle entering and leaving the car park. That isn't actual parking.

Have a look at paragraph 19, not binding, but illustrates the point,...



http://nebula.wsimg.com/c289944f81b4afb375a97d05d5a80df6?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

1147peter

Can I say a massive thank you to everyone. Today i received the popla decision finding in my favour.

Reasons given are

The appellant has made various representations; I have not dealt with them all as I am allowing this appeal for the reason set out below.
The appellant’s case is that the amount of the parking charge does not represent a genuine pre-estimate of loss.
In order to justify that the amount is a genuine pre-estimate of loss, the operator has submitted a breakdown of the losses incurred by themselves as a result of the appellant’s breach. Amongst other things, the operator has included costs such as office rent, parking attendant equipment costs and membership fees which do not amount to a genuine pre – estimate of loss, as this is not a loss resulting from the appellant’s breach. I find that the list submitted by the operator does not substantially reflect the loss suffered as a result of the appellant’s breach.
Considering carefully, all the evidence before me, I find that as the appellant’s case is that the amount of the parking charge does not represent a genuine pre-estimate of loss, the burden shifts to the operator to prove otherwise. I find that the operator has not discharged this burden.

Hope this helps other people, now I will complain to dvla

Cheers peter

Umkomaas

I find that the list submitted by the operator does not substantially reflect the loss suffered as a result of the appellant’s breach.

In other words, not just an attempt to hoodwink you over the level of 'losses' incurred as a result of 17 seconds on the car park, but they've tried the same stunt with POPLA.

I'm so glad you won your appeal. Well done Peter.