Parkingeye ticket Tower Road, Newquay

dkmaxx

ok ill do some searches for the tower road carp park notice, thank you again.

Coupon-mad

Just search ONE word: 'Tower'.

Less is more for decent keyword searches on a bespoke forum, and the words 'car park notice' on this forum gets you precisely nowhere fast! And how about simply scrolling down the thread list for ten pages back or so, I'm sure you will find 3 or 4 Tower Road cases just by looking back.

dkmaxx

last question i'm in the process of sending my appeal but it gives 5 options: which i have narrowed down to 2 to submit.

Either I was not improperly parked, which covers things like terms and conditions not properly signed,
or other which states appeals based solely on the following grounds for appeal are less likely to be successful ?

thanks

Coupon-mad

OTHER.

Pretty sure the NEWBIES thread says so.

other which states appeals based solely on the following grounds for appeal are less likely to be successful ?

They lie - this was there on the website before they ever made even a single decision!

dkmaxx

Hi,

I have received a notice that Parking eye have submitted all of their evidence, on a brief look through they have not at any point identified the driver. They have authority from the landowner. and claims that their signage is adequate. from all of their signage types there is only one type with the full T&C on and of the 27 signs only 13 have the T&C. On this one sign type the entire of the T & C are on approximately 1/8 of the entire sign and the sign is approximately the size of an A4 sheet of paper. i can barley read the T&C on my screen let alone while in a vehicle. do i highlight this as part of them submitting evidence ?

nosferatu1001

Yes, of course you do so. You point out there is no way these signs meet the requirements for clear, legible signs set in the supreme court case PE themselves were involved in.

Did they talk about the grace periods to enter, and the other to leave?

Not id'ing the driver is only relevant when they didnt meet POFA - did they? I Cant recall.

dkmaxx

I cant recall if they meet POFA, on re reading all of the information over the weekend i have discovered it is not a copy of the contract but a witness statement. that also looks pre printed. are there any standards of witness statements that these need to adhere to ?? looking up on witness statements it talks around a requirement of a full name and address, the statement has to be in their own words, and if they refer to any documents they need to be submitted? they talked about give allowing the minimum grace period of ten minutes, but on further reading their isn't a maximum, so i intent to reiterate this point about the busy period.a big one for me though is they have produced alot of information on the camera system but at no point provided evidence that the camera and payment system are linked or joined in anyway. thank you again for you help i am writing this up this afternoon and feel more confident about this.

nosferatu1001

well you point out that a WS fails to list all the important caveats and clauses including grace periods ertc. It is simply insufficient to show authority. You can cover this

Dont" cant recall", YOU HAVE the paperwork.

dkmaxx

Your right i do on the Paperwork it state that i am being notified under paragraph 9(2)(b). in terms of the witness statement it is very vague, i'll copy it out as i'm struggling to copy the image.
1. the site is Tower Road, Newquay
2. The Landowner is Newquay Golfing club, who has a propriety interest in this site.
3. The Operator is ParkingEye Ltd
4. the operator has written authority from the landowner to undertake parking management, control and enforcement at the site, under contract.
5. The operator had authority to issue a parking charges for the parking event dates 22nd March until 22nd September under this written agreement
6. the operator had authority by the landowner to issue parking charge notices where vehicles are parked on this site in a manner not permitted under the terms and conditions of parking
7. The terms and conditions are clearly set out on the signage at the site and where applicable, with and permit or dispensation for use at the site.
8. The issuing of parking charges is subject to the agreed criteria and exemptions as also clearly set out on signage at the site and where applicable, with any permit or dispensation for use at the site.
9. The operator is authorised to issue a parking charge notice for breach of any of the terms and conditions referred to above.
10. The Operator is authorised by the Landowner to pesue the outstanding parking charges in accordance with the British Parking Association Approved Operator Scheme Code of Practice.

I can confirm that I am authorised to make this statement on behalf of the landowner and that the above information in true to the best of my knowledge and belief.

then signed, name in print, position and dated.

KeithP

dkmaxx wrote: »

on re reading all of the information over the weekend i have discovered it is not a copy of the contract but a witness statement. that also looks pre printed. are there any standards of witness statements that these need to adhere to ??

You stated in your POPLA appeal:

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Emphasise that point robustly.