Parking Eye PCN

JonnyRotten

JulieR

Read this from the RAC Foundation, they articulate the issues clearly, the QC who will represent Barry Beavis at the Supreme Court states a lot of the legalities.

I have taken the link from the Parking Prankster's webblog, http://parking-prankster.blogspot.co.uk/search?updated-min=2015-01-01T00:00:00-08:00&updated-max=2016-01-01T00:00:00-08:00&max-results=50.

http://www.racfoundation.org/assets/rac_foundation/content/downloadables/RACF_Private_Parking_Public_Concern_John_de_Waal_Jo_Abbott_February_2015.pdf

This is not wasted time, it clearly allows you to fully understand the issues.

Pay the Prankster a few 'Groats' for his well written Guide and download his free guide and having read all 3 documents you will know as much as most folk!

They are in the first link on the webblog.

As Redx states get the points you intend to argue in your favour correctly chosen, then write the submission logically from your standpoint using the arguments contained within the 3 documents.

The Beavis CoA result has not yet changed their world!

Your JonnyRotten, as rotten as last night when the ISP's started to have a go about contracts!!!!
Never pay a rogue an unreasonable sum, it will only come back to haunt you and bite your ***.
A Groat - an ancient coin that some in the Kingdom would like to take us back to!

ColliesCarer

Hi Julie,

In addition to advice given by Redx and JonnyR, I would suggest you look back at reasons a) to e) that are in the 1st appeal. Your POPLA doesn't have to include the same challenges but they were chosen as key challenges to make for a reason.

So check your POPLA - and ask yourself have you covered all those points in it ?

You only need one challenge to be upheld to win but given the uncertainty around the Beavis case, GPEOL is not necessarily going to be the sure fire winner it was so it's important you submit the strongest possible challenges in all the other points.

Check out your notice to keeper against POFA Schedule 4 to identify any non-compliance. A compliant NtK is fundamental to establishing a right to pursue the keeper.

Signage is also a key point to include - as it is basically the terms and conditions of the contract they are claiming the driver entered into.

The contract must be brought home to the driver so clearly that they must have known about it - if it wasn't there was no contract.

Do you have photos of the location/signs? May be worth getting them. The positioning, wording, size of fonts etc are all crucial to whether or not a sign is compliant/clear enough.

Check out the BPA Code of Practise regarding signage - do the signs at the location comply?
The Parking Prankster has written a very good blog about non-compliant signs. It's about VCS at Liverpool airport but worth a read as there some general headings and links to a useful Dept of Transport publication on signs

http://parking-prankster.blogspot.co.uk/2015/04/vehicle-control-systems-signage-at.html

Take your time and research one challenge at a time so you can put together the strongest argument you can for each.

JulieR

thanks for the comments, however i need assistance before i go mad. at 0730 this morning i found the list of links to all the templates. following advice here, i have been trying for at least most of the after noon (whilst pretneding to work at my paid job) to find them again, i have viewed all stickies over and over plus all links, can someone please help me as i am on deadline (comments about my lateness are not welcome i have reasoning)

Redx

try these examples for inspiration http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

JulieR

thanks all for your posts and advise, the POPLA appeal has been sent on the final day i had left to appeal. I have put together the strongest letter based on all your templates and advise.
I will advise in due course of the outcome.

Redx

good

assuming you did it online, check your emails and spam folders for an acknowledgement email from London Councils showing it has been submitted and any emails with an estimated hearing date too

then check for any evidence packs from the PPC about a week before the deadline date, and issue rebuttals to any such evidence pack

Coupon-mad

If you missed out 'no keeper liability' and didn't point out that the NTK does not comply with paragraph 9 of the POFA schedule 4 then you've missed a trick. Add it.

And if you have any receipts from any other days at the retail park - get complaining to the Retail park. Complain anyway, really complain. Many, many Store Managers and retail parks cancel these every single day.

JulieR

i dont shop there often and never keep reciepts for shopping, something i may start to do!
to late to amend anything in the letter now as i was on deadline.

I have received all acknowledgement letters and a date of hearing.

again, i realy appreciate your assistance in this.

JulieR

just to update that i recieved copies of all requested information except confirmation/proof of the records on calibration of the camera's. Also they included a photo of a sign giving a differant amount of money that would be charged, so will keep that on record if needed later.

Just had this week a letter via email from POPLA that my case is being stayed until around November, pending the outcome of court case.

Again thanks for all the assistance given in this.

JulieR

Update. My appeal was 'stayed' pending out come of beavis court hearing in Sept last year and they envisaged I would hear in November 2015. Today I had a letter from Wright Halsall solicitors advising they are independent to hear all appeals and giving me 7 days to.provide any further supporting info.
Given the letter is dated 7th April and it arrived today 11th it's not a fair deadline is it.
I note others members also had letters. So will go do some reading