County Court Claim from Parking Eye before results of POPLA decision?

geniebean8

Thanks Northlakes - I have added this to my rebuttal of evidence to POPLA.

Re the blocks of paid time - would I not have an argument on this point given that nowhere on their signs do they state that you can only pay for the time in blocks?

g0wfv

Northlakes wrote: »

What location is this? Many if not most sites don't have planning permission or advertisement consent and it can be argued that a contract cannot be enforced at these sites. Is it relevant land?
Agree with Umkomaas Pepioo is a useful forum for court cases.

Whilst what Northlakes states is most probably the case, be mindful of the fact that any lack of planning permissions for the cameras become unenforceable after 4 years (TCPA 1990 S171b).

As for the signage that allege any contract, these come under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 - A whole different ballgame!

Submit a Freedom of Information request to the council that has jurisdiction over the site and you will be able to ascertain any extant planning permissions, advertising consents, who the landowner is etc etc. (whatdotheyknow <--- Free and easy FOI requests here!)

Once you have the ammo add it to your rebuttal. This is the basis for an argument that the signage is unable to form a contract - if it is unlawfully placed, it can be argued that it should not exist and if it should not exist it should not be able to form a contract with a third person.

Also when read in context with the following extract from the BPA CoC which states that ...

2.4 When there is relevant legislation and related guidance, this will define the overall standard of conduct for all AOS members. All AOS members must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses.

If PE have not sought or obtained planning/advertising consents, I would further argue that in this instance that any non-compliance with their membership body's code of conduct nullifies their claim to "Reasonable Cause" to request your keeper details under the KADOE contract with the DVLA they must also abide by. This contract states (and I've only seen a sample provided on the internet - you may need to request a copy of PE's KADOE contract as evidence) ...

A6. Membership of an Accredited Trade Association

A6.1. The Customer shall at all times be a member of a DVLA Accredited Trade Association (“ATA”) and maintain membership of the ATA and comply with the ATA’s Code of Practice or Conduct.

Others may be able to advise you on the standing with this, but that is my gut feeling.

The magic button to press at the moment with PE appears to be "Lack of standing", ie they do not have the relevant contract in place with the landowner to issue claims on their behalf, or at the very least PE redact the contract to such an extant so as to obscure any rights they may have, or indeed they are completely unable to produce the relevant documentation. Make sure you include this point if you have not already done so. There are relevant passages out there to plagiarise if you search the forum.

geniebean8

Hi everyone

Thank you to everyone who's contributed your thoughts.

A quick update - after my email and letter to BPA putting forward a formal complaint that PE were breaking their code of conduct by taking me to court before the results of the POPLA appeal, I received the following reply:

I have investigated your complaint with the Operator and can advise as follows.

Parking Eye have confirmed your appeal was rejected on the 17th March 2015 and a POPLA code was provided. Unfortunately there was a delay in POPLA advising Parking Eye that you had appealed further and therefore legal action commenced as the case was not put on hold.

Parking Eye have acknowledged that the claim was issued incorrectly which was an error.

Parking Eye have assured us the claim against you along with the parking charge notice have been cancelled. Therefore no payment or action is required for this ticket.

As corrective action has been taken, we have closed the investigation.

Thank you for bringing this matter to my attention.

It sounds like this may finally be over, but I guess nothing's set in stone until I receive formal confirmation... anyway, I've just pinged off a letter to PE asking them to confirm that their county court claim against me and the PCN has indeed been cancelled...

Until I hear from them I guess this is more arsenal in my defence against them???

Northlakes

Well done, this news is what the forum members contribute time and effort for, but make sure you get confirmation.

AlbertSe7en

Hi geniebean8, please can I ask to what BPA email address you sent your email?

DollyDee_2

I think I would like POPLA to confirm they were late (or never) informing PE that you were appealing further. Just to tie up any loose ends.

geniebean8

AlbertSe7en - it was the one in the post Umkomaas mentioned earlier, located in NEWBIES FAQ sticky, post #6 (steve something?)

Thanks everyone, I will await confirmation from PE and the county court before treating this as closed...

steve811

I am in the same position as the OP. I got a PCN from Parkingeye and appealed it, the appeal was rejected and a POPLA code issued. Before I could appeal PE sent me a letter before action and I have now complained to the BPA. However the BPA seem reluctant to do anything! Perhaps this is because there are a lot of these and their members would lose a lot of money?

Half_way

however the BPA seem reluctant to do anything!

The British Parking Association Limited (BPA ) are a private members club/trade association who's sole purpose is to look after its members, to make sure that the DVLA access tap stays turned on, and so on.
Please start a new thread with your issues/problems