Evidence Pack

zoeisababe

My reply:
If I have never received the evidence pack then how did you expect me to pay in time without seeing the evidence.

Can I see your evidence? = BPA

[FONT=&quot]34.3 Parking charges must be fair, reasonable and not[/FONT][FONT=&quot][/FONT]
[FONT=&quot]dispropor tionately high. We may ask you to show us evidence to suppor t the level of your parking charges.[/FONT][FONT=&quot][/FONT]


I think this case needs to be looked at.


I am sure the case would be defensible in court.

zoeisababe

David Chandlers reply to POPLA which I recieved yesterday.

[FONT=&quot]From:[/FONT][FONT=&quot] david chandler EMAIL="davidchandler@allparkingservicesukltd.com"]mailto:davidchandler@allparkingservicesukltd.com[/EMAIL
Sent: 08 September 2014 13:09
To: operator enquiries
Subject: RE: POPLA Appeal - 0162234002[/FONT]

[FONT=&quot]Dear Sir / Madam[/FONT]

[FONT=&quot]Case notes for parking appeal 0162234002[/FONT]

[FONT=&quot]Parking Charge Notice Number – APS0076[/FONT]
[FONT=&quot]Vehicle Registration – V[FONT=&quot]***[/FONT]A[/FONT]
[FONT=&quot]Location – St Anne’s Pier, St Anne’s on Sea[/FONT]
[FONT=&quot]Date / Time 07/08/14 15:20[/FONT]


[FONT=&quot]Ticket Issue & Car Park Details[/FONT]
[FONT=&quot]Vehicle’s parking on this car park must display a valid pay & display ticket in the windscreen of their vehicle at all times.[/FONT]
[FONT=&quot]During a routine patrol our parking attendant checked the above vehicle and found that there was no pay and display ticket on display.[/FONT]
[FONT=&quot]The attendant checked to see if a ticket had fallen off but was visible inside the vehicle however he could not see anything, because there was no ticket on display the attendant issued the above vehicle with a parking notice, photos of which are attached.[/FONT]
[FONT=&quot]The vehicle in question was parked on private land, quite simple you are not entitled to park on private land without the land owners consent. In the case of this particular land, the land owner agreed to allow parking on the following terms, namely:- [/FONT]

[FONT=&quot]a)[/FONT] [FONT=&quot]That you have to display a Valid Pay & Display Ticket[/FONT]
[FONT=&quot]b)[/FONT] [FONT=&quot]You agree to pay a fee of £100.00[/FONT]

[FONT=&quot]The private land contains signs from All Parking Services UK LTD confirming the terms and conditions prevalent in relation to the aforementioned private land in terms of parking. The terms and conditions of the parking on this private land were clearly set out on the signs and by parking your vehicle you accept those terms and conditions which were clearly stated in unambiguous language.[/FONT]

[FONT=&quot]There is an entrance sign informing that the car park is a pay and display car park, and to see internal signs for details.[/FONT]

[FONT=&quot]We have attached entrance and internal photographs of the site signage.[/FONT]

[FONT=&quot]The car park in question was assessed by the BPA during our yearly AOS audit in June 2014 and passed. [/FONT]

[FONT=&quot]We can prove that we have the correct signage in place, the photographs we have provided show this and by the fact that this car park passed the BPA’S AOS audit in June 2014.[/FONT]

[FONT=&quot]The British Parking Associations Code of Practice guide line is a 5 minuet grace period our attendant gave the vehicle 10 minutes before issuing the parking ticket.[/FONT]

[FONT=&quot]There is no reason for the assessor to find in the drivers favour as APS UK LTD has proved that there was no valid ticket on display when the notice was issued.[/FONT]



[FONT=&quot]Kind Regards[/FONT]

[FONT=&quot]All Parking Services UK Ltd[/FONT]
[FONT=&quot]Appeals Department[/FONT]

bazster

zoeisababe wrote: »

All pics uploaded now.

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

Priceless, just as I expected! Riddled with language confirming it's a claim for breach of contract. The NtD (the windscreen ticket) even says NOTICE OF BREACH OF TERMS AND CONDITIONS.

Be11end really is such a be11end.

Still, he claims it's a contractual charge rather than breach, so crack on and cancel the contract! I'd send it by snail mail, get a free proof of posting from the Post Office.

zoeisababe

Baz it gets better!!!! THE LAND OWNER HAS REPLIED TO MY SNAIL MAIL LETTER TODAY VIA EMAIL!

Dear Ms V


I was deeply saddened to hear of your plight at our Pier. I would like to thank you for taking the time to draw my attention to this matter.

It is not our policy to punish or penalise our customers, rather to persuade non-paying users of the Pier and its limited parking facilities to park their vehicles elsewhere. I myself have young children and know how complicated the logistics of any sort of trip are, especially when it is time dependant.

I would like to take this opportunity to apologise for the experience you have had at the hands of an overzealous attendant and can confirm that the charge on the ticket has been rescinded at my request. Once again I am sorry for your ruined day and would like to welcome you and your family back to the Pier in the future. If you do feel you might like to give us another chance then please do let me know and I can arrange some form of goodwill, maybe a fish and chip supper for you.

Yours sincerely
Chris Christou
Company Secretary

St Annes Pier Company Ltd
Bank House
9 Dicconson Terrace
Lytham St Annes
Lancashire
FY8 5JY
t. 01253 732682
f. 01253 932027

zoeisababe

I would like to say a MASSIVE thank you to you all who helped me.

Coupon-Mad and Bazster you are truly a pair or saints!!!

bazster

:rotfl: Oh priceless, just priceless!

I'd get in touch with the RSPCA if I were you, that pooch of Chandler's is gonna get malnourished if he's relying on his Daddy's parking ticket empire to pay for his Pedigree Chum!

Well done for your persistence, and enjoy the fish and chips!

Coupon-mad

That is BRILLIANT!

However the POPLA Assessor really mucked it up because the PPC was claiming it was 'consideration not loss' and yet the PCN said 'breach' and the POPLA evidence said that cars can ONLY park there if they display a permit (i.e. it's an 'obligation' and a failure can only be a matter of breach!).

Can you tell us, what else was in the Be11end's evidence pack? He should have shown all your appeals exchanged which included the one where you DID ask 'where's the loss' and he insisted it was a contractual fee...yet the POPLA Assessor decided it was about breach and that the PPC had done enough to win the case.

I think this needs a concerted effort at the weekend to write a complaint to the POPLA Lead Adjudicator as this one was wrong (whether or not you'd ever got the evidence pack, the decision was full of errors). Had you seen that evidence you could have immediately said 'hang on we had an exchange of emails before this which the PPC hasn't shown you. In the appeals I mentioned there was no loss and the PPC didn't show a GPEOL. Also in the emails it is crystal clear I wasn't the driver and never implied who was - yet the PPC hasn't shown any POFA 2012 documents such as a NTK or a compliant NTD.' The Assessor missed that too, yet the recent POPLA newsletter confirms that a PPC must show POFA documents if claiming against a keeper where the driver has not been identified.

But there's more that can be said - the whole logic of the POPLA Assessor was wrong, she decided it was a breach even though the PPC said that wasn't the case! And it wasn't even a newbie Amy, it was Aurela Qerimi.

Ryan_Bryan

Oh well. Jeff can cheer himself up by treating himself to another tattoo or maybe a new sovereign ring.

Remember Jeff/David
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

And remember Zoeisababe and a fighter too. Well done Zoe.

ozzys_mum

I've just signed up to MSE and popped-on to say a HUGE congratulations to Zoe and HUGE thank-you to all who helped her.

I'm about to embark on a bit of a battle with APS and Debt Recovery Plus (DRP) over a ticket I got at St Anne's Pier and this thread has not only educated me but also given me some encouragement.

Many thanks for the time and effort of all involved
x

PocketMolly

Hello, I wonder if someone can help me? I understand that as this is an individual case, I should post a new thread, but there is a lot on this thread that is relevant to my situation.


Yesterday, I went to St Anne's Pier in St Anne's on Sea. I went with my toddler and on parking, I got distracted and it never occurred to me to pay for the car park. I know it sounds lame, but it was a genuine mistake as you don't pay for parking on the Promenade. I was in the arcade for 17 minutes and whilst talking to another family, they mentioned that there was an overzealous parking attendant and to ensure we had a ticket. I ran out of the arcade and found a 'Parking Charge Notice' on the windscreen with a handwritten 'fine' for £100 reduced to £60 if I pay within 14 days.


In my case, I was at fault but it was a genuine mistake. The signs are not that visible and the main sign is next to a small red ticket machine (that looks like a postbox) and under a canopy which somewhat disguises it, but with hindsight, the signs seem to make the terms and conditions clear. We watched the movements of the car park attendant once we had identified him and he stands behind a post (seriously!) and pounces when he identifies a victim. He is dressed all in black and so very inconspicuous.


Having seen this post, I have looked at Tripadvisor, and sure enough, since around September last year, there have been numerous posts stating that they have received parking tickets, so I am not the only one to make the mistake. It seems that before September 2014, there were no posts about this issue, so obviously this is a new venture.


I have no objection to paying a small penalty, commensurate to the 'crime' I have committed, but I feel £60/ £100 is exorbitant. The local authority only charge £30/ £60. I also feel that if there is an attendant present, surely his prime duty should be to advise drivers that it is a 'pay and display' car park and point them to the machines, not catch them out.


Where would you advise I go next? Should I write to the company (APS Ltd) or the pier company and admit fault, apologise and hope they show some compassion or start an appeal (with limited chance of winning). Or should I start a campaign with the local press as too many people are getting caught out which could affect the future of the pier if people get put off coming?


Thank you for any help.