POPLA appeal Aire Street Leeds

Hy6gc

Dear All,

I have received a Parking Charge Notice from ParkingEye for "parking" in Aire Street, Leeds for 10 minutes, without paying.
I have read around the forum and appealed to ParkingEye directly and my appeal was subsequently rejected. I have a POPLA code now and am formulating my appeal. I wonder if someone might be able to assist in the process. I have 10 days left before final submission of appea.
Many thanks.

Here is my draft version so far:

Dear Sir or Madam,

Ticket number:
*******

Vehicle registration number:
******

I was issued with a parking ticket on **/**/15but I believe it was unfairly. I declined the company’s invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying the demand for payment for the following reasons:


1) The charge is disproportionate and not a genuine pre-estimate of loss

The amount charged is not based upon any genuine pre-estimate of loss to the company or the landowner.

In this case, the £100 (discounted to £60 if paid within 14 days) charge being asked for far exceeds the cost to the landowner of £2 for the first hour of parking. I therefore feel the amount you have asked for is excessive.

2) Lack of grace period

Under the BPA Approved Operator Scheme Code of Practice Version 6, Oct 2015, states that if drivers "…decide not to park but choose to leave the car park, you must provide them with reasonable grace period to leave, as they will not be bound by your parking contract." (28.3).
And that when using Automatic Number Plate Recognition (ANPR), "…your system must allow drivers who have not paid the fee to leave a site within a reasonable period that allows for the conditions and environment of that parking site. This grace period should be long enough to allow motorists to leave without having their vehicle registration mark processed for a parking charge." (30.2)

The time in car park is noted to be 0 hours 10 minutes. On entering the car park at 19.13pm, according to the notice, this time was used to read the signage in the car park. As the signage uses small print and is not lit I feel that this constitutes a reasonable grace period to allow an informed decision and, following the decision not to park in this car park, to leave without charge. As a result, the 2 above conditions have not been met.
3) Proprietary Interest

Parking Eye has not provided enough evidence of their interest in the land as they have no legal possession which would give ParkingEye any right to offer parking spaces, let alone allege a contract with third party customers of the lawful owner/occupiers. The registered keeper believes there is no contract with the landowner/occupier that entitles them to levy these charges and to pursue them in the courts in their own name as creditor. Therefore this Operator has no authority to issue parking charge notices (PCNs) which could be BPA Code of Practice compliant. Any breach of the BPA Code of Practice means that 'registered keeper liability' has not been established, since full compliance is a pre-requisite of POFA 2012

　

Yours faithfully,

Guys_Dad

Appeal point 1 is now devalued. Keep it till last.

What about signs? Do they comply with POFA?

How long were you observed for and were you stopped in a proper parking space?

Hy6gc

Thanks for the quick reply.

As far as I can tell, I think the signs comply with POFA. I have taken pictures and will double check.
I was observed entering at 19.13.02 and leaving 19.23.13 = 10m09s. This car park is essentially a gravel pit and there are no marked bays.

System

The car park is only there while a large planning application is going through. The owners appear to be a Northern Irish building company. They may be able to tell you who has rented/leased the space for parking.

Planning Application is 10/05681/EXT


https://publicaccess.leeds.gov.uk/online-applications/files/40B14E384FB8D2435AB0E22D106B1BB8/pdf/10_05681_EXT-14_03924_-_APPLICATION_FORM-1051955.pdf

Also check with Leeds Council Planning if there is a Certificate of Lawfulness for use as a parking space.

I know when I last checked this one out, the company considered to be the real occupiers had folded so there are a lot of murky details as to who is really running this car park.

Hy6gc

Thanks will look in to that, tomorrow!

Marktheshark

I would add you read the contract offered and decided to decline the offer.
The time spent in the car park was entering a busy car park, reading the contract, declining the offer and leaving the busy car park
You read the offer and terms and conditions and decided to reject the contractual offer they were making and left.
This accounts for the ten minutes.

Hy6gc

Have had a reply from Leeds city council:

Dear Hy6gc,

Use of the site as a 52 space car park was authorised on 24/1/16. The use expires on 16/1/16. This was permission 13/04009/FU, details of which can be found here: 13/04009/FU | Use of site as 52 space short stay car park | Land At Wellington Street And Aire Street Leeds LS 1 . The applicant was Elite Parking Ltd. We would not be informed about contractual arrangements between parties, subsequent to the planning Approval. If you have any further enquiries, please don't hesitate in contacting us using the address details provided below. Regards,

---

Not sure if Elite Parking Ltd and PE are one and the same. If not, is there a breach of contract if they have just taken over the car park?

Guys_Dad

Hy6gc wrote: »

Have had a reply from Leeds city council:

Dear Hy6gc,

Use of the site as a 52 space car park was authorised on 24/1/16. The use expires on 16/1/16. This was permission 13/04009/FU, details of which can be found here: 13/04009/FU | Use of site as 52 space short stay car park | Land At Wellington Street And Aire Street Leeds LS 1 . The applicant was Elite Parking Ltd. We would not be informed about contractual arrangements between parties, subsequent to the planning Approval. If you have any further enquiries, please don't hesitate in contacting us using the address details provided below. Regards,

---

Not sure if Elite Parking Ltd and PE are one and the same. If not, is there a breach of contract if they have just taken over the car park?

Correct dates, please, so we can help.

Hy6gc

I have already emailed them back to clarify this. Will repost when I have a response.

System

Elite Parking 06554906 - Dissolved on 2 July 2013

Directors Clare Aka, Sabina Khan

Elite Parking 08838109 - Incorporated on 9 January 2014

Directors Clare Short (Aka?), Sabina Khan

So check the dates as the contract / ownership is questionable

Hy6gc

Leeds Coucil have confirmed that the dates should read:

Authorised 24/1/14
Expires 16/1/16

I have also asked them of the implications of the original applicant company no longer existing and whether another company can take up the contract without re-applying. Will see what they say.