Reducing charge by amount paid

Castle

simmotech wrote: »

POPLA are of the opinion that "By entering the site, the driver agreed to the terms and conditions." - so you don't get a chance to read them first it would appear.
Also "The appellant has referenced a board meeting of the British Parking Association (BPA) on 30 July 2015, in which an 11 minute grace period under section 13.4 of the BPA Code of Practice was proposed. However, at the time of this appeal, POPLA applies Version 6 of BPA Code of Practice, which was released in October 2015. Section 13.4 of this specifies a 10 minute grace period, the driver exceeded this."
- so the eleven minute defence doesn't wash - 10 minutes is the maximum.

There are two periods of grace as Redx pointed out in post 3; POPLA has totally overlooked the one before the contract starts which is covered by Section 13.2. Furthermore, Section 13.4 actually states that the 10 minutes at the end of the contract is a minimum not a maximum.

[Deleted User]

Or, if you have the stamina, don't pay at all.

The date of the parking rules and guidance for grace periods is the date of the parking incident, not the date of your appeal - probably made several weeks later. Thus if 11 mins grace (or longer) should be provided you should have no ticket at all.

Assuming it's an ANPR ticket i'd also note that (unless they prove otherwise) you were only parked for the allotted time and spent at least 6 mins beforehand finding a space and another 6 mins making way to the exit when leaving again. Tickets should not be issued for total duration on the land when you are self evidently no longer parked or obstructing a parking bay. The terms of parking are unlikely to deal with this latter point at all.

simmotech

It would seem that POPLA remove access to all the evidence once an Appeal is closed! I had to phone them up and get them to email me the evidence.

On our appeal, I did include we estimated 3 minutes getting to the car-parking space. POPLA just chose to ignore this bit. Waste of time.

I have just looked at one of the parking signs in the evidence (43 pages!) and it clearly states that "Parking Eye Ltd (Company No: 5134454) is authorised by the landowner to operate this private car park for and on its behalf".

I had already emailed IBIS asking them to try again to cancel the notice but I will email them again mentioning that ParkingEye are their agents and they should *tell* them to cancel it, not ask. Also, I will mention that they will be included in court action should it get that far.

Since I have cocked this up so far, I will await any further comments here before I email them. Thanks for all comments so far.

Half_way

Could try something like this:

Dear IBIS, thank you for your confirmation that you do not support your agents, parking eye in pursuing this matter.
I will be contacting parking eye to instruct then to remove my data from their systems, combined with a warning that if they don't a complaint to the information commissioner's office will be made, and I may take subsequent action under the data protection act against parking eye and their principal.
Im sure you are a aware that three principal is jointly and severely liable for the settings of its agents, in this case action may also be taken against the IBIS hotel.

Umkomaas

Also, I will mention that they will be included in court action should it get that far.

Be more assertive than that. Tell them that their contractors (PE) are serial litigators (see link below) and you confidently anticipate they will issue proceedings against you.

On that basis you need the name and position of the employee who will represent IBIS when you call them as a witness at the court hearing. In addition, ask them to provide you with a list of dates when he/she will be unavailable to attend court. (Please note, some of this is bluff, but they don't need to know that, and it does help concentrate their minds!)

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

beamerguy

simmotech wrote: »

It would seem that POPLA remove access to all the evidence once an Appeal is closed! I had to phone them up and get them to email me the evidence.

On our appeal, I did include we estimated 3 minutes getting to the car-parking space. POPLA just chose to ignore this bit. Waste of time.

I have just looked at one of the parking signs in the evidence (43 pages!) and it clearly states that "Parking Eye Ltd (Company No: 5134454) is authorised by the landowner to operate this private car park for and on its behalf".

I had already emailed IBIS asking them to try again to cancel the notice but I will email them again mentioning that ParkingEye are their agents and they should *tell* them to cancel it, not ask. Also, I will mention that they will be included in court action should it get that far.

Since I have cocked this up so far, I will await any further comments here before I email them. Thanks for all comments so far.

Your focus must be on IBIS and get this out the way quickly

Remember the email they sent you >>>

"Thank you very much for your email and I do apologise for the inconvenience caused by the fine.

I have passed the request to the Parking Eye to cancel your PCN and you should receive the cancelation notification in post shortly."

That is a fact and what happened thereafter between the hotel
and PE is between them especially now PE are involving a third party to review cancellation

Prior to this, does any contract between IBIS and PE make any mention of this

Get thumping IBIS and kill this off

pustit

Half_way wrote: »

Could try something like this:

Dear IBIS, thank you for your confirmation that you do not support your agents, parking eye in pursuing this matter.
I will be contacting parking eye to instruct then to remove my data from their systems, combined with a warning that if they don't a complaint to the information commissioner's office will be made, and I may take subsequent action under the data protection act against parking eye and their principal.
Im sure you are a aware that three principal is jointly and severely liable for the settings of its agents, in this case action may also be taken against the IBIS hotel.

Change "three" to "the"

simmotech

beamerguy: I believe the third-party mentioned by IBIS is in fact just POPLA and they are just using that as a reason to not cancel.

Half_way: you used the word 'settings' - did you mean that or 'settlings' or something else?

I am composing an email but I have to bear in mind that the recipient is just the Front Office Manager - suggesting that he may end up as a court witness seems a bit much. Should I suggest that he pass it to the legal department for the hotel?

Half_way

in on a mobile device at the moment with a horrible touch keyboard, before you send anything off, wait until late evening, or tomorrow so more people can check it. also post on here what you intend to say.

beamerguy

simmotech wrote: »

beamerguy: I believe the third-party mentioned by IBIS is in fact just POPLA and they are just using that as a reason to not cancel.

OK, well PE will respond to you and as POPLA is just an appeals service with no obligation for you to pay, PE can cancel and that is why pressure should be applied to IBIS.

The front desk manager is an employee of IBIS and therefore it is IBIS, the hotel, who contracted PE.

In view of the email he sent you, he must be made aware that
this will be shown in court and therefore you will rely upon him
as a witness.

Let's face it, that email tells you to wait a few days for PE to confirm cancellation which infers that is what he was told.

He of course may have lied to you and that would be serious
as far as IBIS is concerned