Parking Eye PCN with car rental

DavePaddi

Hi everyone,

This is the POPLA decision regarding my appeal:



The Operator issued parking charge notice number XXX arising out of the presence at Ocean Terminal Short Stay car park, Southampton, on 17 May 2015, of a vehicle with registration mark XXX.

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination

On 17 May 2015 the Appellant parked in the Ocean Terminal Short Stay car park, Southampton. A parking charge notice was issued on the ground that no payment was made. The Appellant raised a number of grounds of appeal, including whether the Operator had authority to issue the parking charge notice. Where an Appellant raises the question of authority, the burden of proof is on the Operator to show that it had authority to issue the parking charge notice. While I note that the Operator says in its case summary that it ‘can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent)’, it has not provided any evidence to support this assertion. I am not therefore satisfied that the Operator had authority to issue the parking charge notice in question.

I must therefore allow the appeal.

It is not therefore necessary for me to consider the other grounds raised by the Appellant.



So thanks a lot to everyone who has advised and helped me along the way, that was much appreciated. And worth it!

Thanks,
DavePaddi

Umkomaas

@DavePaddi. Well done. I've commented in more detail to your post in the POPLA Decisions sticky. For inspiration, please read Precision's thread here:

https://forums.moneysavingexpert.com/discussion/5286565

Hope you'll take this to the next level too.

Edna_Basher

That's great news DavePaddi.

Now that POPLA has confirmed ParkingEye's PCN was nothing more than an invalid speculative invoice, you now have extra ammunition to go after the lease company to refund you the money that they took from you as an "admin fee" (if they haven't already done so).

DavePaddi

Thanks Edna,

I have indeed contacted the car rental company but haven't heard back from them yet. Will let you know how that goes, hopefully I will get my 84GPB back!

Thanks again,
DavePaddi