LCP Harlesden Plaza Car Park fine

Coupon-mad

lynneh wrote: »

So you think POPLA will see through this if it's pointed out to them? LCP's breakdown of their expenses do not add up to £50 let alone £100!!!
I'm trying hard to get this right but am not as experienced as all of you and that's why I'm here.
I do appreciate your advice!

You will win, their evidence is full of holes. I have looked at it and emailed you! The lease helps them but they've let themselves down elsewhere!

bazster

lynneh wrote: »

Rather than co- operating with LCP...

:rotfl: Love that bit! Why on earth would you co-operate with them?

lynneh

Finally got the decision today. Another success thanks to the wonderful advice given on this site.
I would especially like to thank Coupon - mad.

Reasons for the Assessor’s Determination
On xxxxxxx, the appellant was issued with a parking charge notice for breaching the terms and conditions of the parking site.
It is the operator’s case that the appellant did not purchase the appropriate parking time despite clear signage erected at the site to indicate that this was necessary to do so. There is photographic evidence to support that there was adequate signage at the site to inform motorists of the parking terms and conditions. There is also evidence from the operator’s automatic number plate recognition system which shows the appellant’s vehicle, registration number xxxxxxxxxxx entered the site at 22:20 and exited at 23:36.
The appellant has made a number of submissions, however, I will only elaborate on the one submission that I am allowing this appeal on, namely that the parking charge amount is not a genuine pre-estimate of loss.
The burden is on the operator to prove that the parking charge is a genuine pre-estimate of loss. Although the operator has produced a breakdown of costs incurred, these do not substantially amount to a genuine pre-estimate of loss. This is because the full amount of the parking charge is £100. When the amount of the parking charge is representative of damages it must be genuinely pre-estimated by the operator before a contract with the driver is formed. It is clear that the amount lost by the operator as a result of the appellant’s alleged breach is calculated at £34.90. Therefore, the operator has not shown how the £100 parking charge is justified as the loss incurred as a result of the appellant’s alleged breach. Therefore I am not satisfied that the operator has discharged the burden.
In consideration of all the evidence before me, I find that the operator has failed to prove that the parking charge amount was a genuine pre-estimate of loss.
Accordingly, this appeal must be allowed.
Farah Ahmad
Assessor

Umkomaas

Thanks lynneh - I've posted a question to you in the POPLA Decisions thread where you have also posted your result - thanks for doing that.

Any chance of a response over on that thread please?

lynneh

Yes, I've done that too! Thanks for all the help and advice.

Umkomaas

Sorry to bother you again lynneh, but would you be able to put up a redacted scan of this dumbass calculation of theirs (host on Photobucket or Tinypic and post the link here). It will be valuable archive evidence for any future GPEOL of theirs, as undoubtedly they will now attempt to massage those figures to make them POPLA-friendly in their favour.

lynneh

It's in this thread #12

Umkomaas

lynneh wrote: »

It's in this thread #12

Thanks for reminding me of this - didn't go back to read the thread from the outset - we're pretty stretched at the moment with a number of regulars sunning themselves in warmer climes, yet there's no let up in the 'Help, I've got a PCN' new threads

Great result for you, I bet you feel pretty good at the moment? A small glass of wine perhaps this evening? :T

lynneh

I was very tempted to give up but Coupon - mad reassured me that it was a good case and to see it through.
I wasn't even the driver!
Just relieved that the decision went in our favour!

Umkomaas

lynneh wrote: »

I was very tempted to give up but Coupon - mad reassured me that it was a good case and to see it through.
I wasn't even the driver!
Just relieved that the decision went in our favour!

Coupon is on holiday, but I'm sure she'll be really chuffed at the outcome.

As soon as she's back, if she doesn't pick this up, I'll drop her a reminder by bumping this thread back up the food chain - it will have slipped way down given the number of new threads that are generating every day.