POPLA Appeal

tommac259

Hi.

• PCN from ParkingEye.
• Initial appeal to PE rejected.
• Event occurred February 2014
• Received POPLA appeal papers December 2014. (10 months later!)

Background:
The driver paid for 3 hours parking (from 4.20pm-7.20pm), overstayed by 9 minutes (left car park at 7.29pm, pictures from ANPR camera).

However, amongst small print on the sign in car park, said driver did not realise that payment for parking stopped at 6pm. Regardless of how much you paid. Not knowing the situation (first time using car park) the driver did not check the return time on the ticket and proceeded to return to car at the time that they had paid for (7:20pm).

Advice:
I am hoping that those of you more current and up to date with private parking companies can point me in the right direction when i appeal to POPLA, and on what grounds I should base my appeal on.

• I have read previous POPLA success scenarios and presume I should recreate a Not Genuine Pre-Estimate Of Loss (GPEOL) template that is specific to my case.
• I am finding it hard to recall who was in fact driving the car, especially 10 months after the offense.
• Driver had returned to car within allocated time, parking had been paid for, the extra 9 minutes was used to load shopping into car and sort child in back seat. (did not realize parking halted at 6pm).

I apologize if this seems a bit confusing, as the registered keeper I have been sent this information and would like closure. However, I am not prepared to be walked over by ParkingEye who seem keen to bully me into paying an extortionate fee that apparently covers their estimated losses!


Thanks

Redx

click on the HOW TO WIN AT POPLA blue link in the newbies sticky thread, then use one of those examples to draft your own appeal, use ALL of the points in those appeals, not just the gpeol one

Fruitcake

If payment stopped for parking at 6pm, PE have suffered no loss but you have.

tommac259

Sorry, I should have made myself more clear.

after 6pm, ParkingEye charge a night time rate that is a one off payment until the morning. Driver did not realize this when paying for parking.

Thanks

Redx

driving around and waiting for a space is not parking (as the judge mentioned for fistral beach case last year - see ivor pecheque`s posts)

so if we assume the car (driver) was waiting to enter and find a vacant space, then leave afterwards, there is no loss anyway as the "parking rules" were complied with

eitehr way, use those recent appeals as a guide to your own appeal, make sure it is submitted and received by popla before that expiry date (check this using the parking cowboys code checker)

tommac259

Thanks for your suggestions! Has helped me massively.

This is my first section that I have adapted for my POPLA appeal.

Would be extremely grateful if you got give it a once over to see if im heading in the right direction.

Thanks in advance.


I am the registered keeper and I wish to appeal a recent parking charge from ParkingEye. I submit the points below to show that I am not liable for the parking charge:

1) No genuine pre-estimate of loss
2) The Notice to Keeper is not compliant with the POFA 2012 - no keeper liability.
3) No standing or authority to pursue charges nor form contracts with drivers.[FONT=&quot]
[/FONT]4) The signage was not readable so there was no valid contract formed.
5) The ANPR system is unreliable and neither synchronized nor accurate - evidence does not discount two visits shown as one.[FONT=&quot]
[/FONT]
1) No genuine pre-estimate of loss
This car park is Pay and Display and as far as I can ascertain as keeper, a payment was made. Having received the Notice in the post I had very little information (see point #2) so went and checked the signage and it seems that up to 3 hours would have cost £4 so the only recoverable sum under the POFA 2012 is the sum of the alleged 'outstanding' parking charge = £4 at the most. Parking Eye have not told me these details, despite it being a prerequisite of Schedule 4 (see point #2).

The driver paid to park for 3 hours at this establishment (see photo attached) but was unaware of the car parks specific requirement to return to the car at 6pm to pay again for evening parking, when the driver had sufficiently paid for 3 hours parking from 16:20 to 19:20. The driver informed me that a ticket was purchased at 16:20 and returned to the car by 19:20, the exact amount of time for which parking had been purchased, and as a result, we (both parties) cannot determine where the claimants pre-estimate of loss figure has been generated from! The PCN received by myself, the owner, stated that the car had been in the car park for 3 hours 13 minutes. This is an unfair time allowance, as it does not account for the time taken for the driver to find a parking space and to leave the car park on a busy weekend in a city centre car park, and as such, finding and leaving a car parking space is not regarded as parking.

Dr._Shoe

How much is the "after 6" parking?

I'm guessing it is at a much reduced rate so therefore the 1hr 20min (2 hours as each hour is normally charged part thereof) daytime rate could be more than the after 6 flat rate anyway?