Parking Ticket appeals gone?

Quentin

Jellybabie wrote: »

Sorry to sound Thick I'm not sure what a sticky Note is

Click: https://forums.moneysavingexpert.com/discussion/4816822

Jellybabie

Redx & Quentin - Thank You what are you doing Friday 12.30 Fancy representing me

Jellybabie

I fear the worst - they have won, Im doomed

ampersand

Jellybabie wrote: »

I fear the worst - they have won, Im doomed

#
Nonsense.
There are other grounds of Appeal as per stickies.
It has been posted that Leave to Appeal to the Supreme Court has been granted, but no detail yet.

Either side would have sought this, regardless of today's outcome.

Courage!

Jellybabie

Ill fight to the Death

I might be a little Woman but I bite.........

It's not about themoney but about the way that the parking company operates itself it angered methat ParkingEye are trying to bullying and intimidating me.

It's a free car park,so had I moved on after the two hours another car could have parked there andthe revenue for ParkingEye would still have been zero so its losses areminimal.

Parking in private carparks where the fines imposed are several times more than the genuine lossincurred by the land owner, im my case the land owner is B&M Bargains, it’sa customer Carpark I was a bona fide Customer so is this really a Privatecarpark?

Ralph-y

I hope you have let the Government know your feelings on all this ??

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418725/Parking_Discussion_Paper_FINAL.pdf

Ralph:cool:

Jellybabie

Ralph - Thank You.

I will do that Now.

ampersand

But also work on that POPLA appeal.

Post any draft here for a critique.

re: 'I might be a little Woman but I bite.........' - moi aussi.

Plenty of other grounds for cancelling that unenforceable scam invoice - all as per stickies.

Redx

ampersand wrote: »

But also work on that POPLA appeal.

Post any draft here for a critique.

re: 'I might be a little Woman but I bite.........' - moi aussi.

Plenty of other grounds for cancelling that unenforceable scam invoice - all as per stickies.

its court, today , not popla

ie:- she is due in court at 1230 today , to defend herself against parking eye on a private B&M car park which is presumably watched over by PE (and not JAS)

Jellybabie

I lost.................... My Defence was rejected, the judge concluded in 2014 that the purpose of the fine was to deter motorists from breaching the parking restrictions and that therefore the charge could be enforced as it was "commercially justified". I had not put in any grounds to argue the case the her referd to the Beavis Case.

My defence is almost identical to ParkingEye V Beavis case (I was handed that before I went in by some litte G** who tired to rub me up the wrong way - I told him to get out my fave and not to breath the same Air). I also asked how the case could have been brought in the first place as ParkingEye are not members of the BPA so had they obtained my details
Illegally? If so then they were in breach of contract. This point was not even considered.



The allegedoverstay is, therefore, a matter between the retailers, the landowner, and theClaimant.

1. The Claimant’snotices do not create any contractual relationship between the Claimant and motoristsusing the car park.



2. Any considerationflows from the landowner and/or retailers on site. The Claimant therefore hasno standing to bring claims in their own name.



3. The Claimant hassuffered no actual or genuine pre-estimate of, losses as a result of thealleged overstay, and their charge of £100 is therefore not recoverable.





· The £100charge issued to me by private parking firm ParkingEye for overstaying at oneof its car parks isn't comparative to the loss it incurred as a result.



· The only possiblelosses arising from him overstaying would be very small administrative costs,such as paying the DVLA to receive his contact details – much less than the£100 parking charge.



· The Government introduced the Protection of Freedoms Act which required thatcompanies requesting keeper data from the DVLA must be members of an accreditedtrade association, and therefore abiding by a code of practice based on fairtreatment of the motorist and high professional standards of conduct. There arecurrently two accredited trade associations; the British Parking Association and the Independent Parking Committee.



§ ParkingEye are in Breach the BPA Code of Practice.

12 Requesting registered keeper details



· 12.1Any BPA member involved in managing, controlling and enforcing parking on unregulated private land must be a member of the AOS to request information from the DVLA’s vehicle records.





· 12.2When you apply to the DVLA you must confirm you are a member of the BPA and theAOS (quoting your BPA membership number). You also have to confirm that you will keep to the Code, the Data Protection Act and any other legislation that applies. Under the Data Protection Act you will have to register as a data controller with the Information Commissioner.



· POPLA haveinformed me that ParkingEye are no longer a member of the BPA



· The retail outlet car park that I left my car in back in July 2014 offered two hours offree parking. The £100 charge is far greater than the lost profit to ParkingEye, as it wouldn't have received any payment from other motorists parking within the free parking period.



· On the date in question, I was bona fide customers .