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'Grace Periods' when car park rule is 'Do not leave site'

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  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AliceMS88 wrote: »
    Still nothing so far....nothing has been submitted by the operator.

    If they're having to get ZZPS to do their back room functions for them I doubt they'd have the knowledge or capacity to cobble together a meaningful Evidence Pack. As CM said earlier in this thread - small fry.

    https://bmpa.zendesk.com/hc/en-us/articles/205065812-Apex-Parking-Ltd

    http://www.bmpa.eu/companydata/Apex_Parking.html

    If they've still submitted nothing by the POPLA deadline date (plus a few extra days) get on to POPLA and press them to make a decision in your favour.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • AliceMS88
    AliceMS88 Posts: 35 Forumite
    Umkomaas wrote: »
    If they're having to get ZZPS to do their back room functions for them I doubt they'd have the knowledge or capacity to cobble together a meaningful Evidence Pack. As CM said earlier in this thread - small fry.

    https://bmpa.zendesk.com/hc/en-us/articles/205065812-Apex-Parking-Ltd

    http://www.bmpa.eu/companydata/Apex_Parking.html

    If they've still submitted nothing by the POPLA deadline date (plus a few extra days) get on to POPLA and press them to make a decision in your favour.

    Thank you for those links! I have been looking for stuff on them for ages but had never found anything!

    Do you by any chance know what the deadline is for them to submit? I have a feeling they told me 21 days on the phone but I am not sure and I can't find it anywhere :(
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 23 August 2016 at 11:09AM
    Even if you lost your appeal, and they were daft enough to take you to court, they would have a mountain to climb. The Parking Weasel failed to mitigate his/her employer's losses and you could summon him/her to court and ask why.

    When you win the PPC will have to pay the Weasel's travel costs and time.

    http://www.dailymail.co.uk/news/article-2150551/Thousands-beat-parking-fines-judge-tackles-766k-Mr-Clampit-landmark-penalty-claim-case.html
    You never know how far you can go until you go too far.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This whole "leaving site" rule is such a joke. I recently was looking at a UKCPS sign which stated that if the "driver" leaves site at any time then they would be liable for one of their fake fines.

    How can they prove who the diver was if there is one of more people in the car, and what if a different person intends to drive the car out at the end of the stay?
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • AliceMS88
    AliceMS88 Posts: 35 Forumite
    trisontana wrote: »
    and what if a different person intends to drive the car out at the end of the stay?

    Funny you should mention that as that happened in this case!
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AliceMS88 wrote: »
    Thank you for those links! I have been looking for stuff on them for ages but had never found anything!

    Do you by any chance know what the deadline is for them to submit? I have a feeling they told me 21 days on the phone but I am not sure and I can't find it anywhere :(

    As I recall it, I think 21 days is their limit. It won't do you any harm to phone POPLA and ask them to confirm, saying that you're rather anxious to get this one put to bed.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • AliceMS88
    AliceMS88 Posts: 35 Forumite
    Gave POPLA a call - the deadline is up and the operator has not submitted any evidence, have been told that unless something very usual happens and the operator has very good circumstances as to why they didn't submit any evidence, the appeal will be allowed - I have to wait for 2 weeks for that to be official though. Positive thinking!
  • AliceMS88
    AliceMS88 Posts: 35 Forumite
    Wow, got an email this morning to say I won! Thank you everyone for your advice and help :)

    Apex Parking Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Really am very thankful! :beer:
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AliceMS88 wrote: »
    Wow, got an email this morning to say I won! Thank you everyone for your advice and help :)

    Apex Parking Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Really am very thankful! :beer:

    Good stuff Alice. Would you mind copying your above to the 'POPLA Decisions' sticky, with a link back to this thread. I'm sure it will help others find inspiration when facing Apex Parking charges.

    Excellent news, and with a Bank Holiday weekend ahead of you to celebrate.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • AliceMS88
    AliceMS88 Posts: 35 Forumite
    WIll do :)
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