Parking Fine Advice

Dyl

Help...
i parked on private land and go a £60 fine for not paying a £1 to park
i got a marking fine which I challenge which was refused.
I asked them to provide provide me with the landowner details and contract with them which they refused to give me saying they can't provide this because "due to data protection act we are unable to provide any details of our contracts with them". Can they do this.
the ticket was issued under contract law. what does this mean?
I can appeal to POPLA.. What are may chances of a successful appeal?

Redx

no idea who told you its a fine ? its not

its a speculative parking charge invoice for entering into a contract by parking a vehicle on private land that isnt your own land , so trespassing (read the signs they put up, if there were any)

of course they can do this !

now please read the NEWBIES sticky thread at the top of this forum and follow the advice and flowchart in there

with a proper popla appeal (examples linked in that NEWBIES thread) you have an excellent chance of winning, providing you put the time and effort in and use the correct appeal points

Nodding_Donkey

Read the newbies thread, all your questions will be answered.

Dyl

[FONT=&quot]So if I challenge on the following grounds…. [/FONT]
[FONT=&quot]the Operator issued a parking charge notice because the vehicle with registration mark xxx xxx was recorded on 05 May 2014 via automatic number plate recognition as having stayed in the car park swan lane Evesham Park where I only stayed 18 minutes instead of paying £1 that this charge is disproportionate to the loss incurred by the Operator, and is punitive, contravening the Unfair Contract Terms Act 1997.[/FONT]
[FONT=&quot]And to challenge the operator’s authority to issue the ticket on behalf of landowner, this shift the burden onto the operator to prove this. [/FONT]
[FONT=&quot]I requested that a copy of the contract between the land owner and the Operator be provided. The Operator did not provided a copy of this contract or any other proof tantamount to the same. When I asked them they told me that “due to data protection act we are unable to provide any details of our contracts with them". Is the operator allowed to do this??[/FONT]
[FONT=&quot]But I have found a case on this website that demonstrates that POPLA found that the Operator has failed on this occasion to adequately rebut the Appellant’s submission that it does not have the necessary authority to enforce the parking charge.[/FONT]
[FONT=&quot]The Operator did not specify the reasonable period permitted for the Appellant to leave the land after the end of the contract prior to taking enforcement action.[/FONT]

Redx

guaranteed a failure at popla IMHO

read the example popla appeals and tailor one to suit

ps:- popla dont consider mitigation , so most of what you have written would never be considered by them, you need to appeal on points of law , like not a gpeol, no contract and bad signage

you cannot ask popla to ask the operator things , you can only ensure that the assessor considers all points placed before them, both by you and by the operator

your defence is presented to the ppc, theirs is presented to you later on , then the appeal is decided because popla considers both sides as a referee , but only considers what you both place in front of them

compare your post to this appeal https://forums.moneysavingexpert.com/discussion/5002160

notice the difference ?

Umkomaas

@OP - you need to do a bit more research than a skim read over a few past cases and snatch an odd line from here and there. That's more akin to clutching at straws.

The more you put into this and get to understand what you are dealing with, the better you will handle it and the better your chances of a good outcome.

Everything you need can be accessed in or through the NEWBIES sticky. Spend some serious time with this.

Hot_Bring

Dyl wrote: »

[FONT=&quot]So if I challenge on the following grounds…. [/FONT]
[FONT=&quot]the Operator issued a parking charge notice because the vehicle with registration mark xxx xxx was recorded on 05 May 2014 via automatic number plate recognition as having stayed in the car park swan lane Evesham Park where I only stayed 18 minutes instead of paying £1 that this charge is disproportionate to the loss incurred by the Operator, and is punitive, contravening the Unfair Contract Terms Act 1997.[/FONT]
[FONT=&quot]And to challenge the operator’s authority to issue the ticket on behalf of landowner, this shift the burden onto the operator to prove this. [/FONT]
[FONT=&quot]I requested that a copy of the contract between the land owner and the Operator be provided. The Operator did not provided a copy of this contract or any other proof tantamount to the same. When I asked them they told me that “due to data protection act we are unable to provide any details of our contracts with them". Is the operator allowed to do this??[/FONT]
[FONT=&quot]But I have found a case on this website that demonstrates that POPLA found that the Operator has failed on this occasion to adequately rebut the Appellant’s submission that it does not have the necessary authority to enforce the parking charge.[/FONT]
[FONT=&quot]The Operator did not specify the reasonable period permitted for the Appellant to leave the land after the end of the contract prior to taking enforcement action.[/FONT]

You REALLY need to read the 'How to win a POPLA' part of the Newbie thread. That appeal will fail.