POPLA Appeal

TESS64

I would be grateful for advice in support of my POPLA appeal to a PCN from Parking Eye for £100.

Basically, I am the registered keeper but wasn't the driver on the day. I am a teacher and can provide proof of this via my employer that I was teaching on the day and at the time in question.

The photographs of my car entering and leaving the car park show just a number plate.

Do I just state this on my POPLA appeal comment and trust that justice will be done?

Coupon-mad

Basically, I am the registered keeper but wasn't the driver on the day. I am a teacher and can provide proof of this via my employer that I was teaching on the day and at the time in question.

Only helps if this is a 'golden ticket' (see post #3 of the NEWBIES thread for an example image).

Otherwise that's no help to you.

The photographs of my car entering and leaving the car park show just a number plate.

Do I just state this on my POPLA appeal comment and trust that justice will be done?

Nope (unless it's a non-POFA PCN) you'd lose, and depending upon the site, they might sue you.

Which retail site or otherwise, what contravention (just a few minutes overstay? How long?) And was the PCN served within 15 days and does it have a paragraph on the back about the Protection of Freedoms Act, or not?

Redx

as above , no you cannot use that argument, because if PE followed POFA2012 then as keeper you can be deemed liable and so their justice would state that you should pay, according to English Law

if they failed POFA2012, only then is it a valid apeal point

you are better to study recent popla appeals made in the last 18 months since the BEAVIS case (who lost in court 3 times to PE)

also study post #3 of the NEWBIES FAQ sticky thread and draft a popla appeal based on legal arguments that work in the right circumstances, like no contract , poor and inadequate signage etc

if a law that is 5.5 years old can make you as keeper liable for the invoice they sent and they followed that law, then being elsewhere at the time, with proof , is no defence at all, sorry to say

TESS64

Thank you - I will take a look at post #3 of the NEWBIES

The PCN was incurred at the Holiday Inn Oxford.

The driver popped in for a coffee / meeting on 19/12/2017 for 1 hours 35 minutes. They have a receipt of purchase at the hotel and didn't realise parking charges had been introduced since their previous visit.

Parking is free for customers spending £10 but you need to enter details at reception.

As it was over Christmas / New Year, the PCN was issued on 30/12/17 but not received until 07/01/18.

TESS64

Looks like I have a Golden Ticket - I feel like Willy Wonka - I assume this is good news? Is it OK to upload an image without the car details?

Fruitcake

Did you complain to the hotel manager?

If you want to post redacted images you will need to upload them to a web hosting site such as postimg or tinypic or similar, then post the URL here, but change http to hxxp.
Someone will then change it back to a live link.

Those date show that the NTK was non POFA compliant, so you will easily win at PoPLA as long as you follow the advice here.

Construct your draft appeal using ALL the relevant points available from post 3 of the NEWBIES, and post your draft here for checking.

Get your own pics of the signage, to embed in the long signage appeal point.

TESS64

It wasn't me driving and as far as I know no complaint has been made.

Thank you for your help - I'll draft a response and post that on here.

The_Deep

Driver should write bad stuff on the Holiday Inn Facebook and TripAdviser pages, they hate that.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Castle

TESS64 wrote: »

As it was over Christmas / New Year, the PCN was issued on 30/12/17 but not received until 07/01/18.

The PCN is presumed to have been delivered on the second working day after the date of posting, which for a PCN dated 30th December 2017 would be Wednesday 3rd January 2018.
This is the 15th day after the parking event date of 19th December, so you do have a "Golden Ticket".

TESS64

Thank you - good news re "Golden Ticket" - I will also follow up with my MP and leave a complaint on Tripadvisor

TESS64

I have checked the wording on the back the PCN and it is definitely the same as: hxxps://imgur.com/ubQAZ8p

First draft of popla appeal below - Feedback welcome (do I really need to mention signage?):

Dear Sirs

Ref. POPLA appeal

In response to the "evidence pack" parking eye have submitted:

1. The Notice to Keeper (NTK) is not compliant with Protection of Freedoms Act 2012 (POFA) because it has nothing on the back about the POFA.
2. The landowner contract is heavily redacted, and covers up much of the information about the definition of services and as such, it fails to comply with the BPA CoP para 7. The start date is more than 12 months ago and there is nothing to say the end date, or if the contract has been renewed, or continues into perpetuity
3. Signage. Specifically mentioned in the BPA Code of Practice as the use of capital letters and mixing large and small font are also deemed unclear as far as signage is concerned. Parking Eye have mixed this into their signs despite the fact they appear to be new and should match the requirements of the BPA CoP.
4.Furthermore it simply would not be possible to read any signs whilst in a moving car, and certainly not have read them sufficiently to have be deemed to fully understand the T&C's to which it is alleged I agreed as the registered keeper of the vehicle. Parking Parking eye's own 'evidence' photos show that a number of the signs are perpendicular to the flow of traffic.
5. These signs could not be seen in the dark and the rain as on the December night in question. All of the photos in parking Eyes evidence pack are a year old and are provided only in daylight.
6. There is nothing to prove how close the car was parked to a sign.
7. Parking eye did not issue the ticket until 30.12.17. The PCN is presumed to have been delivered on the second working day after the date of posting, which for a PCN dated 30th December 2017 would be Wednesday 3rd January 2018 thus breaching 14 days to issue the PCN.

In summary, these points demonstrate the claim by ParkingEye Ltd is invalid and should the claim continue, further action and evidence requested in this appeal is required from ParkingEye Ltd."