JASPS Appeal

tyrrell5953

Morning All!

I received a parking charge on my windscreen at the start of January at a well known office supply shop.

I was actually using the facilities there, made a purchase and continued to browse. I did at one stage leave the car park to take some clothes across the road to a charity shop. The timings seem a little confusing because from my workings out the notice was put on the screen before I left the car park however the attendant is saying he has seen me leave the car park before putting a ticket on the car.

Anyway... I come back from the charity shop to find the ticket for £94!

Used the standard appeals later from this site to appeal to the firm on the ground of I was using the facilities at the time (receipt attached for evidence however the time on the receipt is form before the parking charge was put on the windscreen (about 10 mins)) and also that £94 is not a reasonable charge.

They of course rejected my appeal and so I appealed on the same grounds (almost copying and pasting from the letter) to POPLA.

Today I have received the evidence from the parking firm with all of their evidence etc. The key points for me are that there is no pictures or videos showing me leaving the car park, will this help do you think? And secondly, perhaps more interestingly is their breakdown of costs...

• DVLA Fees / Processing cost is £15
• Stationery includes postage and printing £4.50
• Parking Attendants salaries which includes Employers National Insurance and Tax (PCN recording and issuing) up to £15
• Appeals Staff (call handling / appeals writing) is £24.98
• Office Management to handle and maintain up-to-date Data which includes evidence of photos and information of parking charge notice putting together, dealing with appeals via email or writing also dealing with POPLA appeals £26
• IT system up keep to make sure all the information comes up correct and secure up to £8.52
• Total Genuine Pre-estimation of Loss = £94.00

What are your thoughts on these? Are POPLA likely to accept these as reasonable in your experience?

Any comments on what to expect from the above would be useful.

Thanks!

Coupon-mad

This is JAS at Staples in a free car park with no initial loss, so you will win as long as you said 'no GPEOL and no initial loss' as part of your POPLA appeal.

Have they bothered to include evidence of landowner authority (not just a scribbled on and redacted piece of rubbish paper from Staples saying something very vague)? If they don't lose on 'no GPEOL' at POPLA, they usually lose on that basis which you can see if you look at the end of the 'POPLA Decisions' sticky thread at the top of the forum and work your way BACK from the end posts, looking for a JAS one.

It's a chance for you to email POPLa and just rebut some of this 'evidence' and you'll see examples of how other people did so (if they bothered, JAS aren't really worth it!) on other JAS threads. Search the forum for 'JAS Staples POPLA'.

JAS have never beaten anyone here at POPLA stage so as long as you used a decent 'JAS POPLA' example (not a copy of the first appeal, that's not a POPLA appeal) then you will win, whether you bother to email POPLA or not.

Umkomaas

Here's an excellent example of how one poster dealt effectively and comprehensively with a PPC's Evidence Pack. I'm sure this will give you plenty of ideas on how to handle your case.

https://forums.moneysavingexpert.com/discussion/comment/67385911#Comment_67385911

And another one to consider.

http://forums.moneysavingexpert.com/showpost.php?p=67402366&postcount=26

tyrrell5953

Thanks for responding so quickly Coupon-Mad.

I have just been looking back through some of the decisions actually so thanks for that advice I will continue to do some more searching.

I can't help but feel I might have been a little hasty with my POPLA appeal around the pre-estimate of loss as I only put that i don't feel £94 represented a genuine estimate of loss given that the car park was provided free to customers. Given that I didn't include some of your terminology I am thinking it might be best for me to write to POPLA?

They also included what appears to be a copy of a word document which read as follows... (please note there are no addresses, e-mail addresses, letter heads or contact information on the form as it is all blocked out)

"Staples UK are not the landowner of the above sites but as the tenant we would require the operation to keep the code of practice and we would assume that JAS Parking Solutions would seek legal actions to recover any debts, providing there is no cost to Staples UK. Yours Sincerely (lots of black out text) Staples UK Ltd"

In addition to that they also enclosed a staples letter headed document which confirms which sites JAS may operate on their behalf however all of the sites are blacked out as well as all of JAS address details and dates.

The_Deep

This is a favourite "crime" which Jas use timer and time again.

Uncharitable people say that the parking muppet hides, whereas he has a duty to warn criminals of the consequences of their dastardly deeds, it is a concept known as "a duty to mitigate losses". Failure so to do can negate the breach.

If PPCs were cars, JAS would be an Austin Hindustan.

Coupon-mad

You will win then, that's the usual rubbish piece of paper about Staples that JAS send POPLA, then they lose every time. Compare notes with this poster:

https://forums.moneysavingexpert.com/discussion/5151489

HTH

tyrrell5953

Thanks for the reading material Umkomaas, I will have a look through.

The Deep - I must say, I did enjoy your car comparison.

Coupon - Thanks again for the vote of confidence. Sound like I shouldn't be too worried about this one then given their track record at POPLA.

I have just managed to dig out my appeal reasons which is sent to POPLA...

"The alleged contravention did not occur Quite simply, the parking attendant got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact I was in the landowners shop at the time the ticket was issued. Please see evidence submitted separately, which includes a receipt form the shop on that day as proof of my claim.

The charge is disproportionate and not a genuine pre-estimate of loss The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner. According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £94 charge you are asking for far exceeds the cost to the landowner, which provides parking for free."

Umkomaas

I don't think you're going to have any bother with that appeal at all.

And it's with the landowner JAS should have a contract; it's the landowner who offers free parking, not one of his tenants. Especially one spouting this nonsense (presumably drafted by JAS and shoved under someone's nose to apply their moniker).

"Staples UK are not the landowner of the above sites but as the tenant we would require the operation to keep the code of practice

Whatever 'keep the code of practice' means!

tyrrell5953

Thanks Umkomaas.

Sounds like its not worth the additional hassle of sending further notes to POPLA then and just sit back and wait for a win!

Umkomaas

I think you need to dismantle some of the key points in their evidence pack.

It can be interpreted that if you don't defend a point, you accept it. This is a 'norm' at court level. POPLA don't openly say one way or other on this, but I wouldn't take the chance if you've been furnished with an evidence pack.

GPEOL and Contract are the two obvious ones - concentrate on the nonsense you've been sent on those. Not much need for a lot else, unless it's something glaringly wrong.

tyrrell5953

Sounds like a good plan Umkomaas. Ill work on something based on the other posts you have all kindly shared with me and post here for your comments before i send if thats OK.