NIGHTHAWK parking EVIL private parking PEOPLE - please help me get them off my back

ManxRed

Our record on POPLA appeals is pretty much 100%. You have nothing to worry about. Just let Bazster write your appeal and help with submitting it.

JamesB83

Just at what point does what they do constitute harassment they know I have aspergers which is a mild form of autism so if they are targeting me knowing that I want them done for the bullying they are putting me through because I am feeling stressed and anxious about the whole thing could barely sleep last night and concentrate at work because of it.

bazster

Hi James, I'm back!

I understand, my cousin has Asperger's and I do voluntary work with people with similar disabilities so I know how difficult it makes things for you.

You will win the PoPLA appeal. I've started on it now, not sure if I'll have time to finish today but we have nearly four weeks so tomorrow will do!

This might help with your anxiety: if you receive anything else from them, don't reply to it but just forward it to the email address I gave you earlier (and tell me here that you have done so, so I know to go and have a look). I can then look at it and tell you (i) whether it needs a reply and (ii) what to say.

The people who run these companies are often very unpleasant so it's quite possible that they do see you as someone who can be victimised. Unfortunately harassment is very, very hard to prove and I think we are a long way from it I'm afraid.

Please try to relax though, I'm doing the heavy lifting and we will win. And then we can talk about how to hold these people to account.

bod1467

As in a small claims court claim against them for harassment of a person covered by the Equality Act 2010? (That'll be £500 minimum please).

JamesB83

What worries is that I saw another thread saying they have had Debtcollection people after and that they can harass for six years. These evil people needs to put in handcuffs and put in prison for nasty behaviour. not matter what I would not send them one of my turds let alone any money. If I win and then they contact can I get restraining orders against them.

bod1467

Take a deep breath and calm down. One step at a time, one step at a time.

There is no IF about this - you WILL win.

JamesB83

I will rest when I am rid of these creeps where I parked does not have a blue P parking sign with the restricted times to park so therefore how can they even legally do this it makes me sick they make my skin crawl. This is why I want to do them for harassment this is not about trying to sue for a large compensation package I just want the word harassment attached to their name and it dragged through the mud. By standing up to these bullies I am also speaking for anyone (with disability or not) who is pestered by these creeps who try to scam other people's hard earned cash by these fake fines.

bazster

OK James, here's a draft PoPLA appeal cobbled together from our usual points, with some stuff added specifically for you. Don't stress yourself out trying to grasp all the technical stuff, but please ask if there is anything in particular you want explaining.

We'll leave it here for a while to see if any of the regulars can tell us if I've missed anything, and then we can get it off to PoPLA later today.

Once we've done that, I'd like to draft a complaint to the landowner (Community Trust Housing), to send with your permission. But that comes after the PoPLA appeal.

There's a few other people I'd like us to complain to, but let's take it one step at a time.

=============PoPLA Appeal Begins Here============

RE: POPLA CODE- XXXXXXXXXX

Parking Charge Number (PCN): XXXXXXXX
Vehicle Reg: XXXXXXXXX
Operator: P4Parking (UK) Ltd. t/a Nighthawk

I was the driver of the vehicle which was issued with a PCN for parking without a valid permit. I challenged this notice, and then received a rejection with regards to the alleged contravention. I would like to appeal this notice on the following grounds.

1. No right for the operator to enter into or enforce contracts
2. No consideration therefore no contract
3. Inadequate signage therefore no contract
4. Charge not a genuine pre-estimate of loss
5. Unreasonable/unfair contractual terms

1. The operator is not the lawful occupier of the land
I therefore put the operator to proof that they have the legal standing to enter into contracts in their own name for parking on this land, and to pursue charges arising from such contracts. Any relevant contracts the operator claims to have entered into with the lawful occupier of the land must be produced (unredacted, dated and signed), a witness statement will not suffice.

2. No Consideration
There is no charge for parking at this site, therefore I neither offered nor gave any consideration to the operator. Where there is no consideration there is no contract.

3. Inadequate Signage
I did not see or agree to any contractual terms.

There is no entrance sign compliant with the BPA Code of Practice.

The operator’s own photographs show a sign of densely-packed small-print on the opposite side of the road to where I was parked. There is no indication that the sign relates to the side of the road on which I was parked, so it is entirely reasonable to assume it applies only to the side of the road where it is located.

I have Asperger’s Syndrome (I have been assisted in writing this appeal) and I am unable to note and comprehend a sign containing such detail in such small print. The only signs I can really take notice of are the proper Highway Code-recognised ones. Accordingly I cannot possibly have read and agreed to the terms.

The operator has not even complied with the law: the Equality Act 2010 requires them to make “reasonable adjustments” for people with “protected characteristics”, and in not providing simple signs, in large letters, stating that parking is for permit holders only, they have failed in this.

4. Not a genuine contractual fee nor genuine pre-estimate of loss
The demand is a punitive amount that was not a contractually agreed parking tariff and bore no relationship to any loss. There is no charge for parking so there was no initial loss. The operator would have been in the same position had the parking charge notice not been issued.

In any case, the operator alleges that the charge is for “breach”, “contravention”, and being “parked contrary to these regulations”. As such, the lawful occupier of the land (not their agent) is required to demonstrate that the charge is a genuine pre-estimate of loss arising from parking in breach. The Office of Fair Trading has stated to the BPA Ltd that ''a parking charge is not automatically recoverable simply because it is stated to be a parking charge, as it cannot be used to create a loss where none exists''.

In this case no initial loss exists and there is no initial sum to pursue, and they certainly cannot include 'staff time spent on appeals' and other tax deductible business costs such as administration, accounting & equipment. Appeals staff are already paid to do their admin job which includes handling appeals among other tasks, so there is no question that there is any 'loss' caused by the costs of staff who are not 'significantly diverted' from their normal activity when they deal with challenges or PoPLA appeals. The same is true of the parking attendant who is already paid to visit sites and take photos & issue PCNs, and is not significantly diverted from this activity when a car is considered to be parked in breach.

5. Unreasonable/Unfair Terms
Schedule 2 of Unfair Terms in Consumer Contracts Regulations 1999 gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer".


Taking all the above into consideration, I now require PoPLA to inform the operator to cancel the this charge.

Yours faithfully,


XXXXXXXXXXX

Umkomaas

Great POPLA appeal bazster. One of the very few I've read where the writer knows and understands exactly the points they have [STRIKE]copied[/STRIKE] written. . And proof there's no need for a War and Peace version of throwing the kitchen sink at it.

You're a star taking this over. :T

The_Deep

JamesB83 wrote: »

I will rest when I am rid of these creeps ... this it makes me sick they make my skin crawl ... sue for a large compensation package ... harassment ... dragged ... bullies ... pestered by these creeps.

You need to calm down James. You need very large pockets to start suing people for harassment.

Do you have large pockets James? You do not come across as someone who does. Stop ranting and start listening.