Parking eye Appeal Aire street Leeds POPLA Help needed

lee.1977

This is my first time using this but I really need help, advice in regards to appealing a Parking eye Charge notice.


If you actually Google parking eye Aire street I am not alone in how I have been caught by poor notices and signs. I have appealed by using examples from several sites but today I was to be un successful!!..., I now have to appeal to POPLA


I have used this car park multiple times, in this particular instance we were used to paying £3.50 for all day parking on a Sunday, when we went to pay there was confusion over the signs as the machine still stated £3.50 but a large banner stating £4.50 for all day parking, as it turned out, somewhere there was smaller print stating that the all day parking expired at 6pm and an over night charge of £5.50 was applicable..., after reading previous posts, and I know I cannot use this but as a hard working, pay my way person, who paid the £4.50 in good faith sickens me that I have to go through this. upon receipt of the parking charge notice I drove to the car park to take pictures to find that it has changed dramatically, the large banners on the entrance had gone, and the large boarding's around the perimeter lowered. I cannot take photographic evidence to support my claim.....


look forward to any help or advice.....


Thank you in advanced,


Lee

Redx

put search words like AIRE into the forum search box and use similar appeals to them, but only if the threads are less than 12 months old, preferably less than six months

also look at PE popla appeals linked from post #3 of the NEWBIES sticky thread at the top of this forum too

lee.1977

im currently finding this quite difficult to find the correct copy and pastes to suit my appeal, but this is how far I have got, is this going in the right direction,

On XXXXXXX the hirer entered the XXXXXXX car park at XXXXXX and departed at XXXXX . A PCN has been issued by parking eye.

Parking Eye are demanding £100 (£60 if paid within 14 days) whilst the hirer paid £4.50 for “ALL DAY” parking, as advertised by a large banner, there was a second not as largely highlighted condition that the “ALL DAY” parking expired at 6pm where an overnight charge of £5.50 was then applicable until 8am the following Monday.

1) The Department for Transport guidelines state, in Section 16 Frequently Asked Questions, that:

"Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver." In this case, Parking Eye has failed to provide any calculation to show how the (£100) £50 figure is arrived at, whether as an actual or pre-estimated loss. It is the Appellant's position that Parking Eye has suffered losses less than 40 pence for the duration as car was categorically not parked for the full overnight duration warranting a £5.50 charge but for 1 hour after the “ALL DAY” parking had expired (£5.50 Divide by 14 hours = 40- pence an hour)

2) Unfair Terms in Consumer Contracts Regulations (1999):
Private Parking Company charges are unfair terms (and therefore not binding) pursuant to the Unfair Terms in Consumer Contracts Regulations (1999). In particular, Schedule 2 of those Regulations gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the outcome”.

I believe that the presented charge is disproportionate to the loss incurred, contravening the Unfair Contract Terms Act 1997. I also consider the PCN to be a penalty because Parking Eye have alleged a breach of terms and conditions and yet have not quantified their alleged loss (which cannot include business running costs nor the POPLA fee).

Redx

nothing like a popla appeal , sorry

check the link in post #3 of the NEWBIES sticky thread#

also use the search word in the forum search box and find similar PE appeals to popla from those previous posters who got caught out there too

your "situation" is irrelevant, mitigation is not considered at popla, legal arguments win (the ticket issue wont count, check the popla website for reasons why)

ezerscrooge

Winning appeals are here...

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

kenzotokyo123

Hi I wrote a letter which got rejected by PE. I entered at 5.51 where at 6pm it is free. I stayed in my car until group went as they congregated around the machine.
Can anyone help.me.to fight these heartless corporation as expressed before my first appeal was rejected

Marktheshark

They wont want this in Leeds courts thats for sure.
Remember last time PE ?

Ralph-y

kenzotokyo123

you will need to read the newbies thread

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

especially the parts re 2nd appeals

in your new thread a little more detail please dates times where .........
good luck

Ralph:cool:

kenzotokyo123

Hi I entered at the car park at 5.51 and at 6pm it's free.
now I could not pay the ticket ASAP as there group of youth that were hooded up at the machine.
now PE think those 9 minutes justify a £75 invoice/fine.
I. Wrote an appeal from.using the temples here. But git rejected.please can someone help.me it be soo much appreciated thank you

kenzotokyo123

Hi guys it was aire street in leeds the car park opposite Leeds train station it was Wednesday day .
p.s. sorry for inconvenienceso I. May have caused you guys.
Thanks x

ampersand

kenzo - unfortunately, you have hi-jacked lee's Thread.

Do start your own and post afresh there. That way each person receives tailored advice.

Read all the newbies advice while you work on your draft for us to critique.
Check that your popla code is valid here:
http://parking-prankster.blogspot.co.uk/2014/01/popla-code-checker.html

Remember, it's not a 'fine' - we ban that word here:-)