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Adapted POPLA Appeal
tommac259
Posts: 4 Newbie
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 i'm heading in the right direction. (final paragraph is my own).
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="]
[/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="]
[/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.
Would be extremely grateful if you got give it a once over to see if i'm heading in the right direction. (final paragraph is my own).
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="]
[/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="]
[/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.
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