Check POPLA appeal please

Coupon-mad

feistygal wrote: »

I'm not sure if i am just being a bit dim but i've received an email from POPLA today saying that the operator has submitted their evidence and i can view it on the portal, which i assume is the website, but when i go on there i can't see an option for me to view the evidence, i can just see where it says it has been submitted?

Can you ask Crabman to merge your threads as this is confusing:

https://forums.moneysavingexpert.com/discussion/5354268

I had to look back there to find it was Empark. Stick to your thread - please don't start new ones - it's so much easier for us to help you with the background showing above your latest post. Replying on a thread knocks it to the top so a new post is always seen.

Anyway, answered on several threads including this one earlier today:

https://forums.moneysavingexpert.com/discussion/comment/69590003#Comment_69590003

Yours is only different because it's not UKCPM and you can't see a 'case summary' on POPLA's page (they are quite rare, I've only ever seen one on the Portal and I submit dozens of POPLA appeals). It's the evidence pack you need but the PPC has to post or email it so give them a couple of days THEN complain.

HTH

feistygal

Ok thanks, i didnt realise i could still post on the old thread, will do that in future.

Coupon-mad

Yep, you certainly can!

Crabman

Duplicate threads merged.

Thanks as ever to our wonderful regular members for your hard work :cool:

feistygal

Ive received the evidence from Empark, there is a video which shows my vehicle stationary for around 5 seconds and a document which i have copied and pasted below. They have included pictures of their sign which says restricted zone, no stopping at any time to drop off or pick up, cctv and number plate recognition cars in operation, warning enforcement charge of £75, this is a private road....however i dont know where this sign is situated as it is not on the road in question. They have also circled the no stopping signs that are on the picture that i sent to popla...i'm hoping i havent made a mistake by doing that? i sent the picture to show that they didnt have any other signs regarding cctv camera cars. Can anyone advise on how i should reply to this? Many thanks in advance.



Stansted Airport is private property and is owned by Manchester Airport Group.
Manchester Group can be contacted who will authorize the contract between us (Empark) and Manchester Airport Group- As you will appreciate this contract is a big contract and not all of it relates to Parking charge notices- its for the whole operation of managing the car parks on behalf of the owner.
BPA approves our signs regarding the size and font when they come to visit the site.
All car parks show the signage regarding the restricted zone- if the vehicle had entered any of these they would have been able to read these before entering as these are off the one way system restricted zone.
Warning signs were placed in Stansted Airport location on 9th of November 2012 and we believe that the advance warning in this instance was sufficient to inform drivers of
the change in restrictions.
The express set down/pick up costs E2.50 and there are signs for this and it was driven past to get to the point in where the vehicle was captured.
In the photographs the owner of the vehicle provided for you, you will see the signs (blue circle with red cross in the middle) these are 'no stopping' signs. We have circled them and provided this with our evidence.
Code of Practice;
13
Grace periods
13.2
You should allow the driver a reasonable 'grace period' in which to decide if they are going to stay or go. If the driver is on your land without permission you should still
allow them a grace period to read your signs and leave before you take enforcement action.
The driver decided to stay in the no stopping zone. Did not enter a car park.

feistygal

Can you help please Coupon-mad?

feistygal

Or anyone??

salmosalaris

The operator's own evidence makes plain there is no contract by which the driver can be bound .For there to be a valid contract the driver must be offered something .There is no offer of anything to the driver , the signage simply states "no stopping" , and a term that forbids cannot constitute an offer
If there is not an offer there simply cannot be a valid contract .
End of
Use this as a rebuttal of their evidence

salmosalaris

Also reiterate they have provided no evidence that they have the authority of the landowner to issue parking charges .

Also reiterate the perversity of their set up . Even if it were potentially possible for the driver to contract to do something which they are forbidden from doing ( which it isn't ) this purported contract would be delivered by signage . The only way such a contract could be accepted or declined is by the driver stopping and reading the terms and conditions which would then according to the operator automatically incur the parking charge whatever the driver's decision . Such an imposition is nothing more than a trap and obviously unfair. In this situation the driver denies accepting any contract and clearly did so within a reasonable grace period as the operator both admits and is required to provide .

feistygal

Thank you Salmosalaris, much appreciated