Private Company "PARKING CHARGE NOTICE" - on a company (leased) car

wallington80

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nigelbb

wallington80 wrote: »

Appeal reasons:
I appealed this on the basis that there are no signs at the entrance of this car park, and upon visiting the car park for myself, I noticed that any signs they do have are on a wall and are approx. 2.5mtrs off the ground. and therefore very difficult to read

Single point appeals are always risky. If you had repeated the same points to POPLA as in your original appeal to CPM then while POPLA could have rejected the signage argument but would have accepted the 'No GPEOL" argument.

Redx

your biggest error was not posting your draft popla appeal on here for examination and critique, we would have told you to appeal on several grounds including signage, but not a gpeol , no contract etc too

too late now, you failed, so will have to ignore debt collector letters for 6 years, only dealing with any LBC or MCOL if they ever arrive

you could easily have won, with our help, you ignored the free help on offer, so you lost, now its IGNORE

wallington80

Thanks Redx, if I ignore the debt collector letters, and receive the LBC or MCOL, are these likely to be higher than the £90? I'm not really in a position to pay the £90 let alone a higher fee!

bod1467

A court claim will always be higher, as they will add the fees in bringing the claim to the amount claimed.

But you'd only have to pay anything IF they took you to court AND it went to a hearing AND they won. Nobody can say whether any of that will happen.

wallington80

Hi all, thanks for all your help in this matter.
could someone clarify for me something please?
I have just had the "Letter Before Action" letter from UKCPM, stating that I "have failed to make the £100 payment within the 14 days stipulated by POPLA", whereas, the letter from POPLA told me that I should pay £90. Obviously, I'm going to ignore the UKCPM letters, but wondered whether, this gives me further argument to get them off my back!

Redx

nope, I assume popla always puts £100 as that is the maximum charge under the BPA CoP

they handle many claims a day, they arent going to look at yours and go , ohhhh , we need to alter this to £90 from the £100 on the template (or vice versa)

little details like that are irrelevant really, as far as popla is concerned

they may as well put

"please pay the sum your operator has demanded within 14 days"

Cygnus_Alpha

Well it depends whether you have the stomach for a fight.

Courts have usually ruled that if the signage cannot reasonably be seen then no contract have entered into. They have made the excuse about the lack of signs at the entrance but you could argue that they could easily have put signs up on their land rather than the public highway had they wanted to.

There are several ways to play it. One way is to send them a letter back rebutting their arguments. Ask them to send you proof that they own the land and ask them how they arrived at the £100 as a GPEOL - not dissimilar to your original appeal to the PPC.

They might decide to pick on someone else to take to court rather than go through the hassle of replying to you.

If they issue proceedings against you without replying to your letter, they will appear very unreasonable when you get to court. You could then defend your case using all the points and not just signage.