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POPLA/ParkingEye Asking for further evidence
BobSmith5
Posts: 49 Forumite
Hi all,
I was wondering if I could some more assistance with an appeal.
this is the previous thread. My appeal was labelled as a 'Golden Ticket' on here, as the timing fell outside what was required for POFA (2012).
In my appeal, I covered the following:
Failure to comply with POFA 2012.
No keeper liability.
No evidence of landowner authority.
Insufficient signage.
I submitted my appeal to POPLA, and they wrote back stating that ParkingEye had submitted their comments.
In their evidence, one of the comments is:
Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012. As such, the appellant’s comments regarding the Parking Charge Notice being issued incorrectly are not relevant in the case.
I was banking on the failure to comply with POFA, so I'm worried about this. They've also provided a map of signage, and stated that the land is privately owned.
Authority
ParkingEye can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).
It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ParkingEye and the motorist will be enforceable by ParkingEye as a party to that contract.
Please could someone provide me with guidance and advice on what to state for my follow up comments? I think I only have until tomorrow to reply.
Thank you.
I was wondering if I could some more assistance with an appeal.
this is the previous thread. My appeal was labelled as a 'Golden Ticket' on here, as the timing fell outside what was required for POFA (2012).
In my appeal, I covered the following:
Failure to comply with POFA 2012.
No keeper liability.
No evidence of landowner authority.
Insufficient signage.
I submitted my appeal to POPLA, and they wrote back stating that ParkingEye had submitted their comments.
In their evidence, one of the comments is:
Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012. As such, the appellant’s comments regarding the Parking Charge Notice being issued incorrectly are not relevant in the case.
I was banking on the failure to comply with POFA, so I'm worried about this. They've also provided a map of signage, and stated that the land is privately owned.
Authority
ParkingEye can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).
It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ParkingEye and the motorist will be enforceable by ParkingEye as a party to that contract.
Please could someone provide me with guidance and advice on what to state for my follow up comments? I think I only have until tomorrow to reply.
Thank you.
0
Comments
-
Doesn't help starting a new thread like this
Copy and paste the above post in to the original thread which presumably has all the background and just let this one die0 -
Please stick to one thread for questions. Starting multiple threads means you end up getting the same advice repeated and doesn't allow people to see the background.
Cut and paste this into your original thread, it will be easier for everyone.0 -
Sorry. I have posted in my original thread.
Mods, please may I have this thread locked?
Thank you.0 -
Sorry. I have posted in my original thread.
Mods, please may I have this thread locked?
Thank you.
there are no MODS on here, look at the forum FAQ at the top of this forum and it tells you this , that there are no MODERATORS on this site
you could report the thread and ask for it to be deleted by the admin staff, or pm soolin or crabman and ask for it to be deleted or locked0
This discussion has been closed.
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