Evidence Pack

zoeisababe

The Operator issued parking charge notice number APS007 arising out of the presence at St Anne’s Pier, on 7 August 2014, of a vehicle with registration mark V***A.
The Appellant appealed against liability for the parking charge.
The Assessor considered the evidence of both parties and determined that the appeal be refused.
The Assessor’s reasons are as set out.
In order to avoid any further action by the operator, payment of the £100 parking charge should be made within 14 days.
Details of how to pay will appear on previous correspondence from the operator.
0162234002 2 24 September 2014
Reasons for the Assessor’s Determination
On 7 August 2014, a parking charge notice was applied to a vehicle with registration mark V***A for not parking in accordance to the rules of parking.
The Operator’s case is that the terms and conditions of use of this site state that the site is pay and display and vehicles are required to display a valid pay and display voucher in the windscreen at all times. They say that there was no valid parking voucher on display at the time the parking charge notice was issued as the voucher on display had expired at 15:10 and was invalid.
The Appellant’s case is that the amount of the parking charge is ridiculous for exceeding the time paid for by 10 minutes. She says that she and her family were on a trip and had a nice time as a family.
The Operator rejected the Appellant’s representations, as set out in the correspondence they sent because, they state that a breach of the car park conditions had occurred by not parking in accordance to the rules of parking. They advise that their attendant allowed a 10 minute grace period before issuing a parking charge notice.
I note the Appellant’s comments and I empathise with her situation, however, I find that the onus is on the Appellant to ensure compliance with the terms and conditions of use of this site. I find that the Operator has taken reasonable steps to support the enforcement of the parking charge notice.
Considering carefully all the evidence before me, I must find as a fact that, on this particular occasion, by not parking in accordance to the rules of parking, there occurred a breach of the car park conditions to which the Appellant have deemed to have accepted when the Appellant parked the vehicle at this site.
Accordingly, I refuse this appeal.
Aurela Qerimi
Assessor[FONT=&quot]
[/FONT]

zoeisababe

So I replied with:
[FONT=&quot]Could you please explain how this is an estimation of loss?[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have read about other appeals to you and the below was taken from another person’s letter:[/FONT]
[FONT=&quot] [/FONT]
“In this case the Operator has not provided any evidence as to why this charge in a genuine pre-estimate of loss. I am not minded to accept that it is sufficient to simply list the names of previous cases without applying them to this case.
Consequently I must find that the Operator has failed to produce sufficient evidence to demonstrate that the parking charge is a genuine pre-estimate of loss.

Accordingly, I allow the appeal.

Aurela Qerimi

Assessor “

So the same applies to my case, which isn’t what you are saying.


their reply:
[FONT=&quot]Thank you for your communication about the Assessor’s decision in the above matter.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have to tell you that the Assessor’s decision is final.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In order to avoid any further action by the operator, payment of any amounts owed should now be made without delay. Details of how to pay will appear on previous correspondence from the operator. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind Regards[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]POPLA Administration Team[/FONT]

zoeisababe

I then emailed Jeff Bell'end after I found his email address on the website and the secretary of the company who own's the land

I am still trying to work out how £100 is reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken


No one is replying to me. I have since wrote a letter to Chris Christou owner of the land explaining this.

zoeisababe

Bell's reponse:
Dear Zoe

[FONT=&quot]You refer to “pre-estimate loss” [/FONT][FONT=&quot]We are claiming specific performance of the contract (not loss) and are claiming the amount that is due under the agreement. The signage clearly states that by not displaying a valid pay and display ticket you agree to pay the parking charge of £100.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]A have just had a look at your case, and your appeal was not only rejected by ourselves, but by POPLA also.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind Regards[/FONT]
[FONT=&quot]Jeff[/FONT]




My reponse:

I have requested from your company all photographic evidence and a copy of the terms and conditions.

No one has replied as of yet.

zoeisababe

Jeffs reply:
Dear Zoe

We will not be sending out any more information in relation to this parking notice, your appeal has been reject by an independent appeal body.

I have just notice that you had 14 days from the 24th September to pay the £100.00, that period has now passed.

Kind Regards
Jeff



My reply:

I know it is £100. This is why I am complaining before the 28 days increases it to £140.

I do not have to follow POPLA decision.

Can you please let me know where the evidence is I am supposed to receive.

bazster

zoeisababe wrote: »

Bell's reponse:
Dear Zoe

[FONT=&quot]You refer to “pre-estimate loss” [/FONT][FONT=&quot]We are claiming specific performance of the contract (not loss) and are claiming the amount that is due under the agreement. The signage clearly states that by not displaying a valid pay and display ticket you agree to pay the parking charge of £100.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]A have just had a look at your case, and your appeal was not only rejected by ourselves, but by POPLA also.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind Regards[/FONT]
[FONT=&quot]Jeff[/FONT]

Perfick! So he's claiming there was a contract agreed for the payment of £100, so you can cancel it!

Dear Mr. Be11end,

You allege that the sum demanded is payable under the terms of a contract entered into with yourselves. The existence of any such contract is denied, but since you claim it does exist please note the following.

I hereby give notice of the cancellation of any contract for the supply of the following service: parking at ?????? on dd/mm/yyyy. This notice is given under the terms of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Sign it, date it and give your address.

He's gonna get so fed up with you!

bazster

Have you got photos of his signs? If so, post 'em up, should be good for a laugh.

Incidentally his website has disappeared LOL!

zoeisababe

Right...all pics are here.
I can't remove reg plate, so after all this hiding it, it is now viewable!
http://instagram.com/zoelv1983/

zoeisababe

All pics uploaded now.

Cheers Bazster! - I will do a nice snail mail letter now...or should I do it via email?

zoeisababe

Jeffs reply to my last email:
Dear Zoe

Please see attached photograph that clearly show you had failed to display a valid ticket.

You are quite correct you do not have to follow POPLA’s decision, however the charge will increase, and if payment is still not made we will proceed via the small claims court where a district judge will not overturn an independent appeal decision.

Regards
Jeff