Parking Fine from P4 Parking - appeal rejected

hennaq_1

My rental agreement is with your parking space ltd. But the owner of the bay is in New York and didnt explain what to do if i had any problems...

I did say that I parked in the bay....

Fruitcake

hennaq_1 wrote: »

My rental agreement is with your parking space ltd. But the owner of the bay is in New York and didnt explain what to do if i had any problems...

I did say that I parked in the bay....

So what does your retail agreement say about parking and permits?

What happened when you complained to the owner?

Are you actually going to answer any of the questions you are being asked?

hennaq_1

Your Responsibilities as Tenant
You agree that YourParkingSpace.co.uk is a platform for advertising parking spaces. We hold no responsibility for the information supplied in an advert regarding a parking space, or for the parking space itself.
We offer no guarantee as to the condition of the parking spaces listed on the site. The owner of the space provides this information, and whilst we endeavour to ensure that this information is accurate, and the parking space is fit for purpose, we offer no guarantee of this.
You agree not to attempt to contact a parking space owner until a rental has been confirmed, or we grant you permission to do so.
Upon arrival at the parking space at the commencement of the rental period, you should inspect the parking space and ensure that it is suitable for your requirements. If this is not the case, you may request to terminate the rental and be provided with a full refund (within 48 hours of initial payment).
You agree not to utilise the parking space for any unauthorised use.
You agree not to obstruct other parking spaces or property when parking.
You agree to notify us immediately if any damage occurs to the parking space.
You agree not to conduct any commercial activity from the parking space.
You agree to maintain the parking space in good order, and leave it in the same condition as it was found.
You agree to provide 30 days written notice to terminate the rental.
You agree to adhere to an owner’s request to terminate the rental of their parking space.
You agree to vacate the parking space on the Rental Termination Date specified, and return any entry devices, permits or other items to the owner by this date.
Our Promise
We reserve the right to suspend or restrict access to the site for the allowance of repairs, maintenance or the implementation of new features or services. In this event, we will make every effort to restore access to the site as quickly as reasonably possible.
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Your information will never be sold or rented to third parties for any purpose.
Your data will be used in accordance with our Privacy Policy.
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In no event of circumstance shall YourParkingSpace.co.uk be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, arising from the use or in connection with the use or performance of the site or any information obtained from us.
We will not be liable for any economic, business, or financial damage, nor for any indirect or consequential loss to you arising as a result of your use of the site.
We will not be liable in the event of a claim made by either party (Parking Space Owner or Tenant) once entered into an agreement, and shall not be required to return any monies received to either party in such circumstances.
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It is your responsibility to verify any information that you may obtain on YourParkingSpace.co.uk with the relevant authorities before acting upon it.

hennaq_1

please see below

Fruitcake

Good. The only mention of permits is a comment about returning them to the (land) owner.

There is no mention of a requirement to display a permit in that agreement. If you have nothing in writing from the landowner about displaying his/her permit, then there is no requirement to display one at all.
So, did you get anything in writing from the landowner about displaying a permit?

There is certainly nothing in that agreement about displaying a bit of bog paper from a third party who cannot add on any terms and conditions to your over-arching rental agreement.

You can politely tell the parking scammers to FRO. You should read up on the Jopson case as blogged by the Parking-Prankester where the judge said a third party cannot add on terms. This will form one of your appeal points to PoPLA.

Now please answer the other questions I asked at post 2 that you have not yet addressed.

Coupon-mad

And nothing in that contract mentions a parking charge, nor does it tell you that any signage on site forms part of this contract and must be read before concluding/accepting and signing the contract.

So, the signs are not part of your agreement, nor was the risk of a charge ever accepted because terms on third party signs not drawn to your attention can't be randomly bolted on after you signed the rental agreement for the space.

You have primacy of contract - but you may have to defend a small claim (with our help) to prove it.

Also, this was a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

the http://www.legislation.gov.uk/uksi/2013/3134/contents/made

Here is a defence to read (not fully suited to these circs, so not copied verbatim!) but it is one which shows you the above argument and others, in readiness for if you get a court claim to defend:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

And although you don't live there, it is a residential site where YOU have a rental agreement for that private land so this Blog will be informative:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

If you think about it, the agreement you've accepted plus the contact with the flat owner of that bay, gives you a documented 'grant' or right to park there under the terms as stated (no other terms can be added later). So him handing you a permit without further information and not drawing signage to your attention, would be like him asking you to wear a red hat every day and you suddenly finding you get a surprise fine the day you forget the hat!

You would be outraged, even if you then saw signs about red hats were there - point being the signs (whatever they said) did not form part of YOUR contract which granted in itself, an unfettered right to park in accordance with the terms, and you paid for that right. You have primacy of contract and no-one can interfere with that 'grant'.



P.S. We are only armchair lawyers, not qualified to give legal advice - but we come across these sorts of defences every day and can advise on wording and arguments to use - and people win. Be aware too, that a small claim being defended does not affect your credit rating even if you lost because you would then be given 30 days to pay and no CCJ appears at all.

And the vast majority here, win or see the other side drop the case!

hennaq_1

I did get a POPLA code and yes it was a windscreen ticket.

I have emailed the parking space rental company and they said the would look at getting it revoked. If they fail to do this is there a POPLA appeal letter i can use ?

Fruitcake

hennaq_1 wrote: »

I did get a POPLA code and yes it was a windscreen ticket.

I have emailed the parking space rental company and they said the would look at getting it revoked. If they fail to do this is there a POPLA appeal letter i can use ?

For the last time, did you appeal as driver or keeper? This will determine whether you can use a specific appeal point in your PoPLA appeal or not, which is why you have been asked several times to answer it.

There is no point sending you to the PoPLA templates unless we/you know which ones you can use.

However, you have already been told to read the NEWBIES thread which is where some PoPLA appeal template points can be found.

Quentin

hennaq_1 wrote: »

..... is there a POPLA appeal letter i can use ?

Not as such, but see #3 for advice


In that thread you will find a "near" template for appealing to POPLA|

hennaq_1

Fruitcake wrote: »

For the last time, did you appeal as driver or keeper? This will determine whether you can use a specific appeal point in your PoPLA appeal or not, which is why you have been asked several times to answer it.

There is no point sending you to the PoPLA templates unless we/you know which ones you can use.

However, you have already been told to read the NEWBIES thread which is where some PoPLA appeal template points can be found.

I did not say in the appeal whether i was the keeper or driver of the vehicle. I stated that I received a fine on my vehicle which I wish to be cancelled. I guess that makes me the keeper of the vehicle ?