Parking Eye (Newquay) POPLA - Advice & Help Please

Tommy1080

Hi, I've read through a lot of the posts about POPLA appeals but with PE's recent case against Barry Beavis and Martin Wardley I was unsure how to proceed and looking for some help and guidance please.

On the 18th April I received a PCN from PE relating to a stay in Tower Road Car Park in Newquay on 11th April. Annoyingly I'd actually paid for parking but binned the ticket a few days before this came through! I replied on the 26th April, using a template I'd found on Parking Cowboys (Below):

Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper [REF xxxxxxxxxxxx]

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On 11th April 2015 I was the registered keeper of a (Vehicle Make & Model) registration number XXXX XXX.

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.
Please explain on which of the following grounds your claim is based:
(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum

2. Your loss.
If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

3. Your status – the creditor.
Your Parking Charge Notice - Notice to Keeper simply mentions ParkingEye Car Park Management. Please tell me who is the actual creditor making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.
Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)
Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.
If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.
Yours

PE responded on the 14th May, saying that my appeal had been unsuccessful. They've sent me a POPLA reference and cited a number of legal cases they have won, which all seem to counter the appeal points I'd used in my initial appeal letter.

I would greatly appreciate any advice our guidance on how to proceed. Should I just pay the discounted fee as PE seem to be winning the relevant court cases which set a precedent?

Thanks in advance!
Cheers

Redx

find a recent popla appeal against PE on here (using the forum search) and draft it up, bearing in mind that the Beavis case is being appealed at the Supreme Court

then put this into popla , especially as PE are failing to give popla copies of any contracts, making default wins at the moment

dont be misled by the hype, PE lose on signage, NTK compliancy and landowner contracts, never mind the gpeol argument

check the expiry date of the popla code on cowboys, make sure your appeal goes in BEFORE that date

ColliesCarer

Charges from PE are very common for this car park so might also be worth a read of the posts from others for it.

Use Search the Forum function (show posts) using the search terms Tower Road Newquay for a list of other peoples posts.

Umkomaas

johnf15 wrote: »

I'm in exactly the same situation as yourself. Even used the same template for the 1st appeal, haha
Very interested in what to do next.

Very easy, two things.

1. Read carefully, slowly and digest standard advice contained in the NEWBIES FAQ sticky, which will guide you through this whole process.
2. If, after a thorough read of the above, you have any need for further clarification, please start a new thread of your own.

Forum rules - one case, one thread, or it all gets confused and you won't know if an expert is addressing your problem, or another poster's problem.

And as ParkingEye is the most litigious of them all, incorrectly assumed advice could see a poster facing county court papers.

fisherjim

johnf15 wrote: »

Forum police at it again

Unnecessary comments like that are sure to get you loads of help!:(

Umkomaas

johnf15 wrote: »

Forum police at it again

I presume that was aimed at me? And you want me to give freely of my time to help you with your problem?

Well that's one great way of going about it! :cool:

And you're dealing with the most litigious PPC in the country. You've really got the tiger by the tail. Good luck with that one.

doublinedancer

Couldn't agree more!!

Ivor_Pecheque

Think there are several PE managed spaces off Tower Road, the Golf Club,the sh*tty little cafe, and the Church. (Once had a very interesting theological chat about good and evil with Father Brian, who's allowed to let a dozen drivers off a year.)

We've had them kicked off Fistral itself (Headland Road).

Have got some archive footage of the sign's, but not sure if they'll help you.

Should be bobbing into Newquay in the next 2-3 weeks if that fit's in with the time frame, happy to take some photo's. :-)

Check out the entry/exit routes between the car park's to, think Pranky once looked into it.

Ivor_Pecheque

Some archive stuff....

Fistral I think...



Sh*tty cafe I think...

Jim_AFCB

johnf15 wrote: »

Forum police at it again

There are very good reasons for the advice you were given.

If there are multiple cases in one thread it can lead to confusion and not knowing which bit of advice is for whom.

It is also important to read the newbies thread. You will get help on here but it is important to arm yourself with knowledge and do a fair bit of the legwork yourself. The regulars on here cannot help everyone from scratch - look at the number of posts per day!!

It's not "forum police" getting a kick out of giving you that advice.

Umkomaas

johnf15 wrote: »

Well the jobsworth's on here are more concerned about me upsetting the forum rules that are set on stone, than helping Mr tommy 1080 with his problem...
Good luck fella but no help to be found here,

Tommy1080 will get all the help he needs, once you're gone.

DLTDHYITAOTWO