J.A.S Parking Ticket Help

chewy21

JAS has sent this reply to me and popla

Dear POPLA,

Please find attached our evidence relating to the above case.

The male driver was seen leaving the car park, this is a breach of the car parks terms and conditions. I have attached a witness statement from the parking attendant who was on duty that day.

I have attached a picture time 10:32, showing with a yellow ring the appellants vehicle and shown in red ring six of our sign boards that would have been clearly visible to the driver. It is the drivers responsibility to check for and read any sign boards when parking.

The appellant has not denied within their appeal to you that the driver left the car park, they have simply submitted a copy and paste internet based appeal format, we see a lot of these.

As you are aware as approved operators we are audited yearly by the BPA, during this audit our contracts, signage, charges and procedures are all looked at. To date we have passed all of our audits, so for the appellant to question these things is to question the BPA’s auditors.

With that in mind we should not have to supply these, but for the appellants peace of mind only, I have attached a copy of our pre-estimate of loss along with a copy of the sign boards and our contract with the landowners agent; please note that all names and address have been removed as we have been asked to keep this information confidential. A full cop will be send separate to POPLA alone.

The appellant has stated that some of our pre-estimate of loss is for salaried staff that would have to be paid regardless, this is not the case as we have to employ people for this roles because people like the appellant breach the terms and conditions, without people doing this these staff members would not be needed, there for this cost is a loss to the business. Me writing this is an example of these losses.

Our terms and conditions are clearly written on our bright yellow sign boards that we have displayed throughout the car park, within the car park in question we have 9 of these sign boards including one at the entrance. As stated before as an approved operator of the BPA we are audited yearly, this includes the size of our sign boards, font size, colour and the information printed, We pass our audit every year, Our Sign board sizes are 768mm by 650mm, BPA require the signs to be 450mm by 450mm. During an audit the auditor visits our sites to check the positioning of our sign boards, again we pass this every year.[FONT=&quot][/FONT]

Our sign boards clearly state

Notice to Driver:
When parking in this area/and or car park you are agreeing to the above terms and entering into a contract for parking. J.A.S Parking Solutions is authorised by the land owner for parking enforcement and will issue parking charge notices to vehicles or by post in the event of a breach of the above terms and conditions.

If the driver did not wish to abide by the terms and conditions laid out in the sign boards they were under no obligation to park in the car park.

Please consider all this evidence carefully as it will show there has been a clear breach of the terms and conditions.


Thank you

Adam
Appeals Department
J.A.S Parking Solutions

Redx

send popla a rebuttal by email of all the claims made above, especially the ones where they think they can include running costs in their gpeol, they can actually only claim back losses for any breach, so typically between £12 and £18

ManxRed

chewy21 wrote: »

The appellant has stated that some of our pre-estimate of loss is for salaried staff that would have to be paid regardless, this is not the case as we have to employ people for this roles because people like the appellant breach the terms and conditions, without people doing this these staff members would not be needed, there for this cost is a loss to the business. Me writing this is an example of these losses.

But not everyone appeals, do they? So why are specific appeals staff costs built into a charge for parking when they are not needed for every ticket issued? In fact only about 2% of tickets issued get appealed to POPLA so why is the parking charge loaded with these costs when 98% of drivers don't incur them? They are being overcharged.

The simple fact of the matter is that staff costs for specific duties are a POST-estimate of cost.

These staff DO need to be employed, but as part of the cost of doing business. Their costs cannot possibly be factored into a Genuine PRE-Estimate of loss attributable to a specific incident of breach of terms.

Ralph-y

Is there a counter claim for the PPC attendant not mitigating losses if he ovserved some one leave but did nothing?

Ralph:cool:

hoohoo

Its amusing how JAS seem to think the audits are some kind of robust process which detects breaches, rather than a chance for a nice day out for the auditor with tea and biscuits on hand.

Not one single audit has ever picked up on the fact that the charges are not a genuine pre-estimate of loss(funny that) or he various contract irregularities such as VCS issuing tickets on sites with Excel signage, Devere not having contracts with the landowner, Trev's bizarre signage claims, or ParkingEye's cleverly designed entrapment zones and ludicrous guess-on-exit schemes.

Funny that

chewy21

should i do something then? if so any wording of what is best would be appreciated, i do not want to mess it up.

chewy21

Success Thank for anyone who helped.

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith

Reasons for the Assessor’s Determination It is the Operator’s case that their Terms and Conditions of parking (“the Terms”) are clearly displayed throughout the above named site. They submit that the Appellant breached the Terms by parking without using the premises on site and therefore is liable to pay the parking charge. The Appellant has made several submissions however it is only necessary to consider one submission for the purposes of this appeal. This is the submission that the Operator has no authority from the Landowner to issue parking charges on the land. The Operator has provided a copy of a contract between themselves and the Landowner which they submit authorises them to operate at the site and to issue parking charges on the Landowner’s behalf. However, I find that the contract provided does not state the sites on which the Operator is entitled to issue parking charge notices because these have deliberately been obscured. Therefore, I do not find that the Operator has established that they were entitled to issue the parking charge notice in this case at the site in question and I do not find the parking charge to be enforceable by the Operator in this case. Accordingly, I allow the appeal.

Ralph-y

Well done ! :beer:

now is the time for you to do your bit...

Please write to B&M and inform them that you, your family, and your friends and neighbors will take future custom to competertors who do not hound customers in such away!

Ralph:cool:

Redx

well done chewy

it warms the cockles of my hear every time stupid JAS lose another case , especially if I helped along the way

hit me or my family and I hit back harder, over and over , so JAS take note

JAS tried to sc@m a relative of mine, so they get it back in spades, the more that do this the more they lose, but then it is money to which they are NOT ENTITLED

bondy_lad

well done,but believe me b&m are not interested,i go in there regurlarly( i take its the one in stockport), and tell them and customers about these clowns,though an interesting observation from me,is the signs are naff,you would win on that alone,far to small to read,,,incidentally this car park is 50 yards away from "peel centre" in the words of george osbourne "we are all in it together" meaning jas and excell,,,,there is no doubt jas on their rare visits to this car park,,hide and wait for unsuspecting motorists who dont posses "supermans eyes" to leave the said car park and then swoop,just like simon renshawe smiths lot across the road.well done all the same.