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Parking Eye PCN Leisureworld Southampton

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  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    edited 26 February 2016 at 9:16PM
    Did PE provide a "witness statement" in their evidence pack saying they had authorisation to issue parking charges, and did you send a rebuttal saying it was not sufficient and that you required a full unredacted contract as proof?

    I ask this, because if so, we can add this case to the list where a rebuttal has not been taken into account, or seemingly even read.... would be the fourth case (at least) in the last 2-3 days - have a look through the forum.
  • There is no Witness Statement listed in the Evidence Checklist.

    However, in their blurb under "Further Information", they state:

    POPLA have previously confirmed that a signed witness statement is satisfactory evidence to demonstrate that a contract is in place between ParkingEye and the landowner. Indeed draft witness statements are provided on POPLA's website to be used in this scenario. We believe that this witness statement is ample proof that the operator is authorised to issue PCNs where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking (as per the BPAs code of practice).

    I will have a look through the forums, I am unlear about my rebuttal - I was referring specifically, for example, to individual signs, that one was partly obscured by a van in a photo, it this something that you mean by being "ignored"?
  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    edited 26 February 2016 at 9:46PM
    That perhaps should have been rebutted with examples other POPLA appeals that had been upheld where no contract has been provided.

    They have upheld appeals in the recent past when a full unredacted contract was demanded by the appellant as proof, and not then provided by PE.

    Some recent inconsistency here on that score, especially with some recent verdicts... unless POPLA have moved the goalposts at the behest of the BPA....

    As for the rest - had a look through, no strong evidence to my old eyes to suggest that they disregarded your rebuttal, but it has been a long day....
  • Many thanks for your input, Catfunt - I'm going to put this to bed for today as it has been a long week as well, can't compute! (From the same People's Republic, I see) ...
  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you mean there was no witness statement or contract from the landowner in your copy of the evidence (usually it's the last piece of paper). Please check because the POPLA appeal refers to one. This is vital. POPLA can't see & consider evidence you haven't been shown.
    In terms of the technology itself, the British Parking Association audits the ANPR systems in use by Parking Operators in order to ensure it is in good working order and the data collected is accurate. Independent research has found that the technology is 99% accurate.

    What the heck of hecks gives a POPLA Assessor the right to say the above as if it is true?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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