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POLPA appeal

compac22
Posts: 2 Newbie
Just wanted advice on the POLPA appeal that im going to be submitting before i actually send it off. The tickets (there are 7 in total) are from UKPC who "manage" the parking in the car park for the building where I live.
Please let me know if its any good... or not - its a template that i found on Parking Angels, which I changed a little.
Ta,
===================
In the matter of an Appeal against a Parking Charge Notice to POPLA
Your name
Your address
(Appellant)
And
UKPC
(Respondent)
1.0 Relevant Documents:-
1.1 Notice to Keeper served by UKPC on the registered keeper (not attached).
1.2 A challenge to UKPC against the parking charge (not attached).
1.3 Letter from UKPC rejecting the appeal (not attached).
1.4 BPA Ltd Code of Practice (not attached)
1.5 All of the documents 1.1 – 1.3 (inclusive) are required to be produced by the Respondent to both POPLA and the Appellant in response to this appeal; if they are not submitted in evidence then the appeal should be allowed.
1.6 Lease of 16 ********* and associated plans showing ownership of parking space.
1.7 Land registry Register of Title and Supplementary Plan.
2.0 Alleged Infringement:-
2.1 The Respondent alleges that the driver of a vehicle, of which I am the Registered Keeper, was parked in a private land car park in breach of the terms and conditions and as such a Parking Charge of is now due.
3.0 Protection of Freedoms Act 2012 (the Act):-
3.1 In order for any parking company to pursue keeper liability under the Protection of Freedoms Act 2012 (the Act) that parking company must have met the conditions in the Act. The conditions are set out in the sub paragraphs of the paragraphs in Schedule 4 of the Act.
3.3 The Respondent included in its Notice a statement that it was the “Creditor” as required by paragraph (9)(2)(h) of Schedule 4 of the Act. Whilst they have named themselves as the Creditor they have provided nothing to legally substantiate that claim.
3.4 It is well established that the Respondent has previously indicated that the calculation of the parking charge amount being demanded is based on an alleged financial loss caused by the parking breach; consequently the amount must therefore be a genuine pre-estimate of loss and not a contractual sum. It is also known that in recent appeals considered by POPLA the Respondent has failed to provide sufficient evidence that it has suffered the alleged financial loss claimed or as the “creditor” entitled to recover any monies from a driver
4.0 The signage at the private land car park.
4.1 The signage states that a parking charge notice would be issued for a ‘failure to comply’ with the terms of parking. This wording clearly indicates that the parking charge represents damages for a breach of the parking contract. Accordingly, the parking charge must be a genuine pre-estimate of loss.
4.2 The Respondent claims that its charges are in line with the BPA Ltd Code of Practice. Whilst the BPA Ltd CoP states that operator must justify in advance any parking charge over £100, it does not automatically follow that any charge which is £100 or under is justified.
4.3 The Respondent also claims that its charges have been held to be enforceable in other cases but has failed to produce any reasonable evidence to justify this particular parking charge. Losses caused by breaches of a parking contract may vary depending on the nature of the breach and the car park. The fact that a parking charge at a certain level is held not to be a penalty in one car park does not mean that the same sum is a pre-estimate of loss caused in every car park.
4.4 It is my assertion that the parking charge amount being demanded is punitive and an unenforceable penalty and the Respondent has not provided any evidence as to how and why this parking charge is a genuine pre-estimate of loss. It is not sufficient to simply list the names of previous cases without applying them to this case.
4.5 As a member of the British Parking Association The Respondent submits to adhere to the Code of Practice set out by that Association. Section 18.2 of that Code states "Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area." The Respondent did not, at the time of issue of this Parking Charge Notice display any sign at the entrance of this land, and has only recently (at the time of this appeal) installed one on the electronic entry gates.
5.0 Legal Entitlement to Park a Vehicle
5.1 I, the registered keeper of this vehicle, am the owner of my property. Under the deeds of ownership of my property and the lease attached to the property, it is shown on both the deeds and the land registry entry that use, control and ownership of the parking space where the vehicle was parked are mine. The Respondent does not have my permission to apply a Parking Charge Notice to any vehicle parked in that space as shown on the documents mentioned above. Please see supporting documents detailing ownership.
6.0 Entering, Parking and Exiting.
6.1 There are five separate actions involved here that relate to the parking event.
6.1.1 Driving into the car park.
6.1.2 Parking the car in an empty parking space.
6.1.3 Reading the terms and conditions of parking offered at the retail park.
6.1.4 Acceptance of those terms and conditions by remaining at the car park.
6.1.5 Driving out of the parking space.
6.1.6 Driving out of the car park.
6.2 The Respondant is required under The British Parking Association Codes of Practice to provide a grace period for motorists to inspect signage within the land to establish if they wish to park there. This is detailed in Section 13.1-4 and Section 18.5. The Respondent failed to abide by this as can be seen on the Parking Charge Notice issued ("issue time" and "time first seen")
7.0 No contractual authority
7.1 The Respondent has not provided me with any evidence that it is lawfully entitled to demand money from the driver. That is to say, that it has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, it is the properly appointed agent of the landowner or has been properly authorised by the landowner to recover unpaid parking charges from a driver . See also paragraph 3.3. Accordingly, the Respondent should be required to provide a copy (to both POPLA and myself) of
7.1.1 Its contract with the owner of the land on which the car park is situated
7.1.2 Evidence of the land ownership of the party with whom the Respondent has contracted
7.1.3 A “Purchase Order” incorporating this car park into that contract in the event that that contract is a framework agreement within, say, the next fourteen days. In the alternative, if the Respondent is the owner of the land then it should evidence that ownership within the same time period. If the Respondent is unable or unwilling to do so, then it should not be permitted to offer any evidence in this appeal.
7.2 The Appellant reserves the right to provide further representations in this appeal upon considering the evidence that has been requested. It is submitted that without such evidence the Appellants’ position is prejudiced by being unable to properly challenge the Respondents’ position. POPLA is operated by the London Councils under a contract it has with the BPA. As such it will be governed by the Human Rights Act, and in particular Article 6. That article requires that an Appellant must have a real opportunity to present his or her case or challenge the case against them. This will require access to a Respondents’ submissions, procedural equality and generally requires access to evidence relied on by the other party.
8.0 The Appeal
8.1 The Respondent is in breach of the statutory requirements of Schedule 4, Protection of Freedoms Act 2012 and therefore cannot recover the alleged parking charge from the Appellant, as the registered keeper, and I therefore have no liability for the parking charge.
8.2 The parking charge amount is punitive. It does not represent a genuine pre-estimate of liquidated damages and is therefore an unlawful penalty charge.
8.3 The Respondent has produced insufficient evidence that my car was parked in breach of the stated terms and conditions and which is denied in any event.
8.4 The Respondent does not have the necessary contractual authority from the landowner to pursue this parking charge.
8.5 The Appellant is in legal control of the land in which the breach of contract is alleged to have occurred and therefore there is no breach.
9.0 I respectfully request that this appeal be allowed
9.1 In the event that POPLA is minded not to grant the appeal then, because the Respondent failed to provide any evidence of its entitlement to recover parking charges until this stage, it is requested that it be ordered that the Respondent be not allowed to recover any more than the originally claimed discounted parking charge amount
Please let me know if its any good... or not - its a template that i found on Parking Angels, which I changed a little.
Ta,
===================
In the matter of an Appeal against a Parking Charge Notice to POPLA
Your name
Your address
(Appellant)
And
UKPC
(Respondent)
1.0 Relevant Documents:-
1.1 Notice to Keeper served by UKPC on the registered keeper (not attached).
1.2 A challenge to UKPC against the parking charge (not attached).
1.3 Letter from UKPC rejecting the appeal (not attached).
1.4 BPA Ltd Code of Practice (not attached)
1.5 All of the documents 1.1 – 1.3 (inclusive) are required to be produced by the Respondent to both POPLA and the Appellant in response to this appeal; if they are not submitted in evidence then the appeal should be allowed.
1.6 Lease of 16 ********* and associated plans showing ownership of parking space.
1.7 Land registry Register of Title and Supplementary Plan.
2.0 Alleged Infringement:-
2.1 The Respondent alleges that the driver of a vehicle, of which I am the Registered Keeper, was parked in a private land car park in breach of the terms and conditions and as such a Parking Charge of is now due.
3.0 Protection of Freedoms Act 2012 (the Act):-
3.1 In order for any parking company to pursue keeper liability under the Protection of Freedoms Act 2012 (the Act) that parking company must have met the conditions in the Act. The conditions are set out in the sub paragraphs of the paragraphs in Schedule 4 of the Act.
3.3 The Respondent included in its Notice a statement that it was the “Creditor” as required by paragraph (9)(2)(h) of Schedule 4 of the Act. Whilst they have named themselves as the Creditor they have provided nothing to legally substantiate that claim.
3.4 It is well established that the Respondent has previously indicated that the calculation of the parking charge amount being demanded is based on an alleged financial loss caused by the parking breach; consequently the amount must therefore be a genuine pre-estimate of loss and not a contractual sum. It is also known that in recent appeals considered by POPLA the Respondent has failed to provide sufficient evidence that it has suffered the alleged financial loss claimed or as the “creditor” entitled to recover any monies from a driver
4.0 The signage at the private land car park.
4.1 The signage states that a parking charge notice would be issued for a ‘failure to comply’ with the terms of parking. This wording clearly indicates that the parking charge represents damages for a breach of the parking contract. Accordingly, the parking charge must be a genuine pre-estimate of loss.
4.2 The Respondent claims that its charges are in line with the BPA Ltd Code of Practice. Whilst the BPA Ltd CoP states that operator must justify in advance any parking charge over £100, it does not automatically follow that any charge which is £100 or under is justified.
4.3 The Respondent also claims that its charges have been held to be enforceable in other cases but has failed to produce any reasonable evidence to justify this particular parking charge. Losses caused by breaches of a parking contract may vary depending on the nature of the breach and the car park. The fact that a parking charge at a certain level is held not to be a penalty in one car park does not mean that the same sum is a pre-estimate of loss caused in every car park.
4.4 It is my assertion that the parking charge amount being demanded is punitive and an unenforceable penalty and the Respondent has not provided any evidence as to how and why this parking charge is a genuine pre-estimate of loss. It is not sufficient to simply list the names of previous cases without applying them to this case.
4.5 As a member of the British Parking Association The Respondent submits to adhere to the Code of Practice set out by that Association. Section 18.2 of that Code states "Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area." The Respondent did not, at the time of issue of this Parking Charge Notice display any sign at the entrance of this land, and has only recently (at the time of this appeal) installed one on the electronic entry gates.
5.0 Legal Entitlement to Park a Vehicle
5.1 I, the registered keeper of this vehicle, am the owner of my property. Under the deeds of ownership of my property and the lease attached to the property, it is shown on both the deeds and the land registry entry that use, control and ownership of the parking space where the vehicle was parked are mine. The Respondent does not have my permission to apply a Parking Charge Notice to any vehicle parked in that space as shown on the documents mentioned above. Please see supporting documents detailing ownership.
6.0 Entering, Parking and Exiting.
6.1 There are five separate actions involved here that relate to the parking event.
6.1.1 Driving into the car park.
6.1.2 Parking the car in an empty parking space.
6.1.3 Reading the terms and conditions of parking offered at the retail park.
6.1.4 Acceptance of those terms and conditions by remaining at the car park.
6.1.5 Driving out of the parking space.
6.1.6 Driving out of the car park.
6.2 The Respondant is required under The British Parking Association Codes of Practice to provide a grace period for motorists to inspect signage within the land to establish if they wish to park there. This is detailed in Section 13.1-4 and Section 18.5. The Respondent failed to abide by this as can be seen on the Parking Charge Notice issued ("issue time" and "time first seen")
7.0 No contractual authority
7.1 The Respondent has not provided me with any evidence that it is lawfully entitled to demand money from the driver. That is to say, that it has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, it is the properly appointed agent of the landowner or has been properly authorised by the landowner to recover unpaid parking charges from a driver . See also paragraph 3.3. Accordingly, the Respondent should be required to provide a copy (to both POPLA and myself) of
7.1.1 Its contract with the owner of the land on which the car park is situated
7.1.2 Evidence of the land ownership of the party with whom the Respondent has contracted
7.1.3 A “Purchase Order” incorporating this car park into that contract in the event that that contract is a framework agreement within, say, the next fourteen days. In the alternative, if the Respondent is the owner of the land then it should evidence that ownership within the same time period. If the Respondent is unable or unwilling to do so, then it should not be permitted to offer any evidence in this appeal.
7.2 The Appellant reserves the right to provide further representations in this appeal upon considering the evidence that has been requested. It is submitted that without such evidence the Appellants’ position is prejudiced by being unable to properly challenge the Respondents’ position. POPLA is operated by the London Councils under a contract it has with the BPA. As such it will be governed by the Human Rights Act, and in particular Article 6. That article requires that an Appellant must have a real opportunity to present his or her case or challenge the case against them. This will require access to a Respondents’ submissions, procedural equality and generally requires access to evidence relied on by the other party.
8.0 The Appeal
8.1 The Respondent is in breach of the statutory requirements of Schedule 4, Protection of Freedoms Act 2012 and therefore cannot recover the alleged parking charge from the Appellant, as the registered keeper, and I therefore have no liability for the parking charge.
8.2 The parking charge amount is punitive. It does not represent a genuine pre-estimate of liquidated damages and is therefore an unlawful penalty charge.
8.3 The Respondent has produced insufficient evidence that my car was parked in breach of the stated terms and conditions and which is denied in any event.
8.4 The Respondent does not have the necessary contractual authority from the landowner to pursue this parking charge.
8.5 The Appellant is in legal control of the land in which the breach of contract is alleged to have occurred and therefore there is no breach.
9.0 I respectfully request that this appeal be allowed
9.1 In the event that POPLA is minded not to grant the appeal then, because the Respondent failed to provide any evidence of its entitlement to recover parking charges until this stage, it is requested that it be ordered that the Respondent be not allowed to recover any more than the originally claimed discounted parking charge amount
0
Comments
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Blimey, that's a big one!
There is a How to Win at POPLA section in the Stcky thread for NEBIES that we generally suggest people use. I'm not saying there is anything wrong with what you have writ, it's just not something I am familiar with.
Have a look at a couple of the offerings in the above NEWBIES thread just to make sure you have got all the main points covered, and obviously appeal each PCN separately. However, it looks darned good to me except for the last paragraph.
9.1 In the event that POPLA is minded not to grant the appeal then, because the Respondent failed to provide any evidence of its entitlement to recover parking charges until this stage, it is requested that it be ordered that the Respondent be not allowed to recover any more than the originally claimed discounted parking charge amount.
I would take that out completely as it serves no purpose other than an opportunity to send you a bill for something.
That's going to cost them 7 times 27 quid plus VaT. Oh dear, how sad, never mind.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
'of [insert £]is now due'
#
change to 'In recent appeals considered by POPLA, the Respondent has failed to provide sufficient evidence that it has suffered the alleged financial loss claimed or, as the “creditor”, is entitled to recover any monies from a driver.'
#
'a pre-estimate of loss [STRIKE]caused [/STRIKE]in every car park.'
#
If you are going to use this 'It is not sufficient to simply list the names of previous cases without applying them to this case', you must also specify the normal heads of business costs which are excluded, too: stationery, postage, uniforms, upkeep of surveillance apparatus etc - see many examples in newbies thread.
#
4.4 -
' It is not sufficient to simply list the names of previous cases without applying them to this case.' Beavis.
#
'submits to adhere' - a non-sense.
'As a member of the British Parking Association, The Respondent adheres to the Code of Practice set out by that Association.
Please don't just cut and paste without making sense of what you are saying. Use punctuation and spacing.
#
'The registered keeper of this vehicle owns the property.'
Lose 'me' 'my' throughout this para.
#
'provided[STRIKE] me with [/STRIKE]any evidence'
#
'It lacks the necessary legal capacity
[a] to enter into a contract with a driver of a vehicle parking in the car park,
showing it is the properly appointed agent of the landowner or has been properly authorised by the landowner to recover unpaid parking charges from a driver. [See also paragraph 3.3]
Accordingly, the Respondent must provide a copy to both POPLA and myself of:
- its contract with the owner of the land on which the car park is situated
- evidence of the land ownership of the party with whom the Respondent has contracted.
- a “Purchase Order” incorporating this car park into that contract.
In the event that that contract is a framework agreement, it must be produced within the next 10 working days[give date which notes standard Easter closures].
Otherwise, if the Respondent is the owner of the land, then it should produce evidence of ownership contemporaneous with the alleged parking event.
If the Respondent is unable or unwilling to do so, then it lacks capacity to claim any such evidence rebuts this appeal.'
#
7.2 and elsewhere.
Careful with 'Respondent's' /'Appellant's'- singular. You misplace the possessive apostrophe. Be consistent with capitals.
#
Instead of 8,
SUMMARY OF APPEAL[your no's do not add further points]
The Respondent is in breach of the statutory requirements of Schedule 4, Protection of Freedoms Act 2012, and therefore cannot recover the alleged parking charge from the Appellant as the registered keeper. Ipso facto,
I am not liable for this alleged parking charge.
The parking charge amount is punitive. It does not represent a genuine pre-estimate of liquidated damages and is therefore an unlawful penalty charge.
The Respondent has not produced any evidence that [Reg.No] was parked in breach of the claimed 'stated terms and conditions'. Any alleged infringement is denied.
The Respondent does not have the necessary contractual authority from the landowner to pursue this alleged parking charge.
The Appellant has full legal control of the land upon which the breach of contract is alleged to have occurred and therefore there is no breach.
#
I respectfully request that this appeal be allowed.
Please note:
In the event that POPLA does not grant this appeal, the Appellant requests that the Respondent be not allowed to recover any more than the originally claimed discounted parking charge amount, because no evidence of its entitlement to recover parking charges has been provided
[you weaken any case by allowing a little bit of 'door open' and it's a clumsy sentence construction]
Y/f,
[squiggle sig]
#
Overall, op, I think this template is needlessly verbose and not a clear read.
You need to make POPLA person your friend.;)CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
01274 760721, freephone0800 328 0006'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
Norman Kirk, NZLP- Prime Minister, 1972
***JE SUIS CHARLIE***
'It is difficult to free fools from the chains they revere' François-Marie AROUET
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