Parking Eye POPLA appeal - latest advice

pMcfly

Hi

Overstayed at a hospital car park by 30 odd minutes to pick up needed oxygen for an ill family member.

I received the PCN at back end of March.

I replied with the default standard appeal letter as described on this forum here in April.

I received an unsuccessful appeal letter from PE at the end of April stating that "Whilst the Consumer Contracts Regs 2013 apply to consumer contracts which were entered into after June 2013 this type of parking contract is excluded from the regs due to automated commercial premises exemption. As a result the right to cancel the Parking Contract you entered into on X March does not apply."

Appeal therefore unsuccessful.

On the same day i got another letter from the stating "Rejection of Invalid Invoice". Basically saying I had not formed a legally binding contract with PE and therefore my invoice is rejected.

I have my POPLA code. I have been successfully to POPLA before but wanted to know if the standard template to POPLA has changed?

I've seen this one here recently:
https://forums.moneysavingexpert.com/discussion/5243208

Is this one to go with? Or are there better ones for PE recent appeals?

Thanks
pMcfly

hhhhhhhhhh

I too am in a similar position. I have to appeal to POPLA within the next 8 days. Received a PCN from ParkingEye, appealed but it was rejected. Received two letters similar to your. Overstayed car park by 12 minutes.

Advice on best way to appeal through POPLA would be most appreciated.

Thanks
H

Half_way

what did the hospital say when you complained about the actions of their agents, parking eye?

pMcfly

I didn't complain to the hospital. Figured theyve got enough on their plate. Probably an oversight by the looks of it.

pMcfly

Having done some further reading I notice that the Beavis case was for a free car park not a P&D. So presumably I can say that this case is not affected by the Beavis ruling?

Redx

hhhhhhhhhh wrote: »

I too am in a similar position. I have to appeal to POPLA within the next 8 days. Received a PCN from ParkingEye, appealed but it was rejected. Received two letters similar to your. Overstayed car park by 12 minutes.

Advice on best way to appeal through POPLA would be most appreciated.

Thanks
H

please start your own thread if you need specific advice

popla examples are here

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

the Beavis case car park was free, for 2 hours only

but the Beavis case is going to be appealed at the Supreme Court

I suggest any popla appeals are based on those examples , no matter what the Beavis case indicates , especially when they are not free car parks

also complain to the hospital, like PALS or HR , demand a cancellation and mention the Jeremy Hunt guidelines from last summer

like this one

https://forums.moneysavingexpert.com/discussion/5244876

The_Deep

Why did you use this ill-conceived pro-forma letter? PE will use your hubris against you, and will now have marked you down as a pushover.

Beavis has NOTHING to do with hospitals, and I doubt if PE will mention it.

Raise Cain, in the local newspaper, radio station Ministry of Health, Facebook, Twitter, local NHS Panjandrums, Trading Standards (in writing only), Hospital Friends, Hospital benefactors, your MP, Uncle Tom Cobley and all.

pMcfly

The_Deep wrote: »

Why did you use this ill-conceived pro-forma letter? PE will use your hubris against you, and will now have marked you down as a pushover.

Beavis has NOTHING to do with hospitals, and I doubt if PE will mention it.

Raise Cain, in the local newspaper, radio station Ministry of Health, Facebook, Twitter, local NHS Panjandrums, Trading Standards (in writing only), Hospital Friends, Hospital benefactors, your MP, Uncle Tom Cobley and all.

Is this to me?

If so I've no idea what you're on about. What pro-forma letter? The appeal letter was the one that was pushed on here as the best way forward. If that's not the case then perhaps the info should change.

The_Deep

It is. The "drop hands", the CCR 2013, etc. I agree, it is ingenious, but unlikely ever to succeed. If you contracted to park somewhere and did, then how can you, some months later, cancel the contract?

It defies common sense.f

Coupon-mad

pMcfly wrote: »

Is this to me?

If so I've no idea what you're on about. What pro-forma letter? The appeal letter was the one that was pushed on here as the best way forward. If that's not the case then perhaps the info should change.

The advice doesn't need to change except in terms of how to win at POPLA which must involve rebutting the evidence pack, which PE are posting a week after they email it to POPLA. The first appeal is still valid and the drop hands offer is deliberately included.

The_Deep wrote: »

It is. The "drop hands", the CCR 2013, etc. I agree, it is ingenious, but unlikely ever to succeed. If you contracted to park somewhere and did, then how can you, some months later, cancel the contract?

It defies common sense.

The Regulations (which were enacted on 13/6/14, after the Beavis parking event) say that if a trader has not served the required information by durable medium before a contract is concluded then the contract can indeed be unwound by a consumer. Whether or not the service has been provided, not relevant, invalid contract. Read the Regulations! Where the information is omitted, the consumer has over 12 months to unwind the contract, regardless.

PE will argue their site is exempt because it's automated. That's arguable but tell me where the £100 can be paid by a driver by any mechanism on the day? It can't, so the contract/site is not fully automated, I would argue. I have been saying that since the Regs were discussed last Summer. This isn't new, it's all been said before.

Perhaps unlikely to win a POPLA appeal though. But other things still can. I am not planning on losing any, but haven't updated the 'how to win at POPLA' yet until the info has been tried and tested. I removed it because I don't want OP's thinking it's just a matter of banging in a template POPLA appeal then ignoring the evidence pack.

salmosalaris

Did you pay to park ?
Did you overstay a maximum permissible time , or could you have parked longer if you had paid more ?