Parking Eye parking charge notice at POPLA stage

chuckie79

First of all I apologise for making a new post as I am in the middle of reading all the different posts on appealing a parking charge but I'm getting very confused.

I am appealing the parking charge on behalf of one of my clients who is so vulnerable there is no way they could do this for themselves. They parked in a Parking Eye car park and did not purchase a parking ticket because they are a blue badge holder and thought they could park for free, as they can do in council run car parks. The car park operates a vehicle registration system, clocking the registration on entering and leaving the car park. You have to enter your registration number when purchasing a ticket.

I used the advice here to send the appeal to the Parking Eye and did not disclose who the driver was.

Parking Eye have sent photo's of the car entering the car park at 14:01 and leaving at 18:53. The amount due is £100 so I know I need to put this in the appeal as unreasonable charges. I will go and check the charges but I think the charges would have been approx. £6.

If anyone can point me in the right direction to find what I need to include I would be very grateful.

Thank you

chuckie79

I'm guessing this would be a good template to you by Coupon-mad


https://forums.moneysavingexpert.com/discussion/comment/65745741#Comment_65745741

pogofish

Also have a very good read of the Newbies Sticky - that will explain the whole situation and point you at a lot more examples for dealing with PE.

Umkomaas

chuckie79 wrote: »

I'm guessing this would be a good template to you by Coupon-mad


https://forums.moneysavingexpert.com/discussion/comment/65745741#Comment_65745741

Some of it has been overtaken by events - the Beavis case references in particular, which has gone through 2 further stages since that draft. But anything drafted by Coupon-mad (one of the foremost experts in the country on private parking matters) will have lots of good stuff in it.

As you've found, there is no standard POPLA template, but your appeal needs to cover the following:

1. No keeper liability (but you need to check the NtK for correct dates and all requirements of PoFA have been included) - see here:
http://www.parkingcowboys.co.uk/keeper-liability/
2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy (if appropriate)
7. No genuine pre-estimate of loss (GPEOL)

Read very carefully post # 3 of the NEWBIES FAQ sticky - it contains information important to your appeal.

There are plenty of examples of winning POPLA appeals across the forum; here are a couple of links for you to follow and research:

How to win at POPLA:

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

Some of the appeals linked here are now becoming a little dated, so be careful to use one of the more recent ones as your guide to framing your own.

POPLA Decisions

https://forums.moneysavingexpert.com/discussion/4488337

Read from the most recent backwards to get a feel for the appeal points on which POPLA Assessors are currently upholding appeals.

However (and importantly) things have changed on the POPLA front, with the service having been taken over by The Ombudsman Service Ltd. Please read the following links to understand the process you will need to follow:

http://parking-prankster.blogspot.co.uk/2015/08/popla-changeover-starts-tomorrow.html

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html

So the 'new' POPLA is now up and running, you will need to get your appeal in by the deadline you've been given. We don't know how they will assess and adjudicate appeals, so we won't be able to give anything like the conditional assurance we have previously - until we see several outputs from the new service.

Given your friend is disabled, the Equality Act 2010 comes into play, which, inter alia, requires additional flexibility to assist those who qualify under the Act. But you should aim this at the car park owner (retailer/hospital/hotel/leisure complex), bring them into this with a threat to include them in the action you will be taking under the Act, and chances are they'll be telling PE to back off.

One final important point when appealing to POPLA - do this in your friend's name (squiggle his signature) rather than saying you are acting on his behalf.

HTH

chuckie79

Thank you, I will have a good look at that information.