LCP Harlesden Plaza Car Park fine

Stroma

They cannot say that an appeal is not appeal, they are trying not to send out a popla code because they know they will lose there. No matter what they say they can't tell you what to appeal with. You have used the template here, popla makes decisions using templates, court defences use templates , this parking company is hoping you will just pay rather than argue with them

lynneh

Ok, I have sent an email as per your previous post, thank you. However I still can't find out if LCP are the legal owners or if Brent Council is!

lynneh

I have now received a reply from LCP saying they hadn't realised my first letter was an appeal, so now I have a POPLA reference.
How can I proceed and achieve a successful conclusion please?

Coupon-mad

lynneh wrote: »

I have now received a reply from LCP saying they hadn't realised my first letter was an appeal, so now I have a POPLA reference.
How can I proceed and achieve a successful conclusion please?

LOL! Hadn't realised you had appealed - why do they think you wrote then, to pass the time of day?!

So go to post #3 of the NEWBIES thread. Read the examples in the link 'How to win at POPLA'. It's why the NEWBIES thread is at the top of the forum.

lynneh

Yes, I've been reading that thank you...just trying to plough my way through it to see what is applicable!

lynneh

Still trying to make head or tail of it all! I know that somewhere in there is the answer but LCP say they have the power to issue a ticket because they manage or operate the parking there.

da_rule

lynneh wrote: »

Still trying to make head or tail of it all! I know that somewhere in there is the answer but LCP say they have the power to issue a ticket because they manage or operate the parking there.

Don't worry about what they say. They're hardly likely to say "Oh you know what, you are completely right we best change our entire business model."

As you seem to have already appealed to the company, move on from thinking 'why' and get to the next appeal.

lynneh

In the first letter they sent, it says they have attached a picture of the signage...they haven't. Or at least I can't see it!
Also this
3. As identified in the Notice to Keeper, LCP Parking Services Ltd is the creditor. Please see the attached copy of an excerpt from HM Land Registry with the Title Absolute showing LCP Parking Services Ltd as Title Holder for the Car Park. LCP lease and operate the car park and therefore are entitled to form contracts with Drivers in our capacity as Principal and we are therefore entitled to sue for charges and retain any proceeds .

The charge is issued in respect of recovering our costs that have arisen directly from this breach by the driver of the vehicle. If there was no breach then LCP would not have incurred these costs. The act of the vehicle remaining in the car park for 15 minutes without making the requisite payment is deemed acceptance of the site terms and conditions or, inter alia, the offer.

da_rule

Read the 3rd post of the Newbies thread and begin constructing your appeal to POPLA.

Stop worrying about what the company told you, still challenge them on the same grounds.

No genuine pre-estimate of loss
Inadequate signage
No authority to enter into contracts
Etc

lynneh

But as you can see from my post (29), they say they do have the authority!