Parking Eye POPLA

bargepole

scottc1978 wrote: »

Hi,

How does the draft appeal look?

Thanks.

POPLA appeals are not my speciality, I only tend to get involved once a court claim has been issued. No doubt C-M and others who deal with this stuff daily, will add their comments.

But it does seem ridiculously disproportionate to have to rewrite War and Peace just to appeal a £100 parking charge. I lost the will to live half way through reading it, let's hope the POPLA assessor feels the same and seizes on one of the grounds to allow the appeal, so that they don't have to adjudicate on the rest of the points.

But in any event, PE won't be able to pursue you through the courts, as a Scottish resident you are outside the jurisdiction of the County Court of England & Wales, and if they ever tried an action in the Sheriff Court, they would have to know the name of the driver as POFA 2012 doesn't apply to Scotland. So in this case, you could have just binned the whole thing.

Coupon-mad

But in any event, PE won't be able to pursue you through the courts, as a Scottish resident you are outside the jurisdiction of the County Court of England & Wales, and if they ever tried an action in the Sheriff Court, they would have to know the name of the driver as POFA 2012 doesn't apply to Scotland. So in this case, you could have just binned the whole thing.

Agreed - but this will stop all the hassle stone dead because it will win, and was easy enough for the OP to copy from the templates here now. No need for re-writes, no need for newbies to use old examples either. I'm sure the OP would rather not field debt collector alarmist rubbish letters for months and then worry that PE might some day start suing in Scotland as well/look through their back-catalogue for victims.

To the OP, 'War and Peace' is my style of POPLA appeal, as bargepole knows with a wry smile! It still works - even when fielding LBCCCs for friends, football fans & colleagues, I have never had a case proceed to court papers (they give up & cancel) and I've never lost a POPLA appeal that I've done for people in person, for the occasional thanks of a nice bottle of wine or some flowers from a friend (this is done for free on the forum of course).

let's hope the POPLA assessor feels the same and seizes on one of the grounds to allow the appeal, so that they don't have to adjudicate on the rest of the points.

Indeed - but the main aim is that the operator loses the will to live so they never contest it. This is what I expect PE to do as they can't win.

With this bit below you just need to change 'you' to 'the operator' because this is going to POPLA to read so you are not writing directly to ParkingEye.

As you can see, we stay in Scotland and we are aware that the POFA 2012 does not apply to us and we are out of jurisdiction for English Courts. [STRIKE]We are also aware that, because the event alleged was in England, [STRIKE]we can still have a POPLA code if you do not cancel. We strongly advise this is cancelled as you[/STRIKE] the operator cannot win against a Scottish registered keeper appellant. [/STRIKE]

And re this, I'd have it as point #1, nice and short at the start to get the Assessor onside - and add the suggested sentence shown in red below:

[STRIKE]6)[/STRIKE] 1) Parking Charge Notice does not identify the car park where the only parking event actually occurred.
The Parking Charge Notice identifies the “Holiday Inn Express Manchester Airport” as the location of the Parking Charge. The only parking event actually occurred at the “Premier Inn Manchester Airport”. The occupants of the car confirm that there is also a Holiday Inn on site but the location is wrongly described on the PCN which is a specific failing of mandatory information.

Ju2908

Hi Can I ask you how you got on with your appeal to POPLA as we are in exactly the same position. We were booked in Premier Inn South but have a Parking Eye fine saying we parked in the Holiday Inn Express car park. I appealed to Parking Eye also enclosing my Premier Inn invoice and they have rejected it. Unbelievable !!!

Umkomaas

Ju2908 wrote: »

Hi Can I ask you how you got on with your appeal to POPLA as we are in exactly the same position. We were booked in Premier Inn South but have a Parking Eye fine saying we parked in the Holiday Inn Express car park. I appealed to Parking Eye also enclosing my Premier Inn invoice and they have rejected it. Unbelievable !!!

The OP has not been on the forum since 12/10/16.

I have to say that it's far from unusual for posters who milk considerable advice and effort from the few regulars who give totally and freely of their own time to help them and keep all this going, to completely disregard feeding back on outcomes.

The 'I can't give a flock for anyone else, now I'm alright Jack' brigade visit this forum quite often.