private firm have taken me to second stage

Michaelsdrane88

20th May 2015

Dear Mr Drane,

Thank you for your internet copied template letter of appeal against the above parking charge notice issued to you on 14th March 2015 at 12.31pm for reason ‘Over stay’ at ‘St Augustines Gate, Waterloo Road, Norwich’.

Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

• The above location is private property and there are advertised terms and conditions which the driver is expected to abide by in order to obtain permission to park.
• Following the judgement of the Court of Appeal in ParkingEye v Beavis on 23rd April 2015, we can confirm that the parking charge is considered to be a deterrent to parking in a restricted area and the charge is not extravagant or unconscionable.
• The parking charge made is not a penalty and the issue of genuine pre-estimate of loss is not relevant.
  
  Registered office. The Studio, St. Nicholas Close, Elstree, Hertfordshire WD6 3EW Tel 0330 0080371
  company registration no. 08031075
  
  The signage in this car park has been audited and approved by the British Parking Association.

• Norfolk Parking Enforcement have a contract with the landowner giving us sole responsibility to issue parking charges to vehicles that have parked outside of the advertised terms and conditions and pursue payment for any unpaid charges in our name through court if necessary.

enfield_freddy

please edit your posting QUICKLY , remove the reference number and the popla code NOW ,also your name and reg number


we are being watched!

ManxRed

Remove the POPLA verification code from your post above.

Prepare a POPLA appeal using the NEWBIES sticky thread.

Michaelsdrane88

Our Clients, far from being ashamed of the way we treat consumers visiting their premises

• (which as they don’t have premises at this location you cannot have been visiting), are very
  
  happy that we are fulfilling the role we have been given which is to manage this car park and ensure that vehicles are parking within the advertised terms and conditions. Please do feel free to contact our Client, they will be very interested in your comments.
  
  You now have a number of options:

• Pay the Parking Charge Notice at the prevailing price of £60.00 within 14 days. Please note that after this time the Parking Charge Notice will rise to £100.00.
• Make an appeal to POPLA – The Independent Appeals Service, within 28 days from date of this letter. Please be advised that if you opt for independent arbitration of your case you will lose the right to the discounted rate of £60.00, and should POPLA’s decision not go in your favour, you will be required to pay the full amount of £100.00. If you opt to pay the reduced amount of £60.00 you will not be able to apply to POPLA. Appeals to POPLA can be made by post to: POPLA, PO Box 70748, London, EC1P 1SN, or by email to:
  , quoting the verification number above. POPLA’s Enquiries telephone number is: 0845 207 7700.
• If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action against you.
  
  Regards
  NPE Appeals Dept

Michaelsdrane88

info edited, it said on the newbie thread to create a new thread if second stage occurs. I followed the newbie thread for the first letter copied the letter and adjusted it to suit my needs. then after receiving the second letter followed the steps to confirm the poplas codes where correct but after that I get a little lost..... is there another template letter or an I going blind?

Redx

no you are not going blind

NPE have already warned you about the dangers of using template letters and not bespoke letters

there have never been any POPLA template letters here, just examples from people who have made popla appeals on previous occasions

you can use those previous examples as a basis for your own popla appeal, but dont fall into the trap of copying and pasting as if they are templates, they arent

so find a suitable recent popla appeal and adapt it to suit, making it your own example

bod1467

The whole point of the template 1st appeal is to snare a POPLA code (from BPA members). The vast majority of 1st appeals will be rejected regardless of what is written, but having something well-constructed helps because:

a) It prevents you inadvertently outing the driver's details; and
b) Gives a solid foundation for the 2nd stage and beyond.



You think their reply isn't a template?

Herzlos

Michaelsdrane88 wrote: »

• Following the judgement of the Court of Appeal in ParkingEye v Beavis on 23rd April 2015, we can confirm that the parking charge is considered to be a deterrent to parking in a restricted area and the charge is not extravagant or unconscionable.
• The parking charge made is not a penalty and the issue of genuine pre-estimate of loss is not relevant.

A deterrent is a penalty - it's entire point is to deter, therefore it must be a genuine pre-estimate of loss.


They are quoting bits of the Beavis case hoping it'll make them sound more legitimate, but they still have no idea what they are doing.

aguynameddarryl

bod1467 wrote: »

You think their reply isn't a template?

Indeed - in your reply, you could mention their copied and pasted response...

Bernad

You may wish to note that Norofolk Parking Enforcement is NOT registered with the BPA for the use of ANPR - you can check the list of approved operators on the BPA site as published on Monday (site won't let me include a link but just google it ).

You should consider using this as part of your POPLA appeal and also make a formal complaint to the DVLA D16 about Norfolk Parking Enforcement and also a complaint to the the DVLA for failing to follow their own procedures in checking that NPE were registered with the BPA for ANPR before releasing your details - then take the complaint about both the DVLA and NPE to the Information Comissioners Office who will hopefully levy fines on them both and you never know, even suspend NPE from the DVLA database access - just an idea. Oh - and demand a copy of the contract between NPE and the landowner in the meantime - they are obliged to prove they have one.

enfield_freddy

however that "no" box has just appeared in the last mth , and the BPA do make mistakes


back in march when the incident occurred , it was showing "yes"