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BPA Ltd. takes careful aim, shoots self in foot

http://www.britishparking.co.uk/Blog/monday-musing-victory-what-victory-/646

"So, if a landowner wants to provide a service for motorists and make it as simple and straightforward as possible, why should poor parking by a small minority prevent the rest from having a good day? Is that fair? No!

All the adjudication services (TPT, PATAS, POPLA) follow the law. It may not be a criminal offence, but they recognise that an infringement of the rules has occurred and therefore, it is punishable."


:shocked:
Je suis Charlie.
«1

Comments

  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nice little quote for insertion in POPLA and court cases in future. Straight from the horse's mouth.

    Golden!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Please explain what they've said to shoot themselves in the foot, for the benefit of those of us who really enjoy reading the fights against the parking scum but don't quite understand the legalities of it all :)
  • HO87
    HO87 Posts: 4,296 Forumite
    No private company has the authority to penalise or punish anyone. The law they claim to use is designed simply to return the parking company to the position they would have occupied had they "suffered" no wrong. The civil law does not punish (except in very particular circumstances).
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Oh of course, that makes sense... wow, so if the BPA make a mistake like that, what hope is there!! :rotfl:
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    The PPCs consistently insist that their charges are a genuine pre estimate of loss, not a penalty (interchange with the word punishment) for breaching their terms and conditions. However now they are admitting it is a punishment! Oops.

    This person sums it up
    Anti-Enforcement Hobbyist 04/08/2014 at 21:32

    Some refreshing honesty there from the BPA. "It may not be a criminal offence, but they recognise that an infringement of the rules has occurred and therefore, it is punishable." Punishable. By a deterrent. An unlawful contractual penalty.

    Not that I know who this might be:whistle::whistle:
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Too slow again tonight.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I suspect the magic rubber will be applied soon to that paragraph. Screen dump time!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    bazster wrote: »
    http://www.britishparking.co.uk/Blog/monday-musing-victory-what-victory-/646

    "So, if a landowner wants to provide a service for motorists and make it as simple and straightforward as possible, why should poor parking by a small minority prevent the rest from having a good day? Is that fair? No!

    All the adjudication services (TPT, PATAS, POPLA) follow the law. It may not be a criminal offence, but they recognise that an infringement of the rules has occurred and therefore, it is punishable."


    :shocked:

    POPLA do NOT follow the law at all, namely the EA 2010 which they consistently ignore to the detriment of disabled motorists , they actually cherry pick which laws to follow and which to ignore , so its time they were brought to book about it

    the BPA are lying if they believe their own statements , plus they clearly do not realise the laws on punishment, or who can issue such punishments
  • HO87
    HO87 Posts: 4,296 Forumite
    What on earth made you think there was any hope?

    Private parking is about one thing and one thing only: money. The legalities: twisted, reversed, revised, re-written and rehearsed are made to fit. What better illustration could one want of how much the law really figures in their world but for a parking company to have to ask the Parking Appeals Service (effectively the "enemy") how to define "genuine pre-estimate of loss" (GPEOL)?

    And the company concerned has been about since the late '90's
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Screen shot already taken and stored away Umkomaas! May be useful for future!
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
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