Parking Charge Notice, manager of store says to call up and explain. What to do?

willekim

Hi everyone, I know I seemed a bit lost when I asked for help here, but I (finally) received my Popla decision today, and I was successful!! Outlined below:

DecisionSuccessful
Assessor NameUser Unassigned
Assessor summary of operator case
The operator’s case is that the appellant exceeded the maximum 2-hour free parking allowance.

Assessor summary of your case
The appellant has raised several grounds of appeal: • No evidence of landowner authority. • No evidence of period parked. • The sign in this car park are not prominent, clear or legible from all parking spaces. • The operator has not shown that the individual who it is pursuing is in fact the driver. • The ANPR system is neither reliable nor accurate.

Assessor supporting rational for decision
Section 7.1 of the British Parking Association (BPA) Code of Practice outlines to operators, “If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges”. The operator has failed to provide it with a valid contract which gives you the authority to carry out all the aspects of the car park management for the site. Accordingly, I must allow this appeal. I would not need to consider other grounds, as I have allowed this appeal.

Thank you very much for your help, I can attach my full appeal if it will help others.

fisherjim

Well done!



Just think, you were going to cave in and pay a scammer too!

The_Deep

They have wasted your time, now waste theirs, complain to your MP.


The whole industry is a scam, relying on threats of court, and public ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Umkomaas

Coupon-mad wrote: »

Where's no landowner authority? point #1

Good job you spotted that CM - the actual winning point at POPLA for the OP.

@OP - well done.

Now if you want to return the misery to CEL, you should complain to the DVLA that they have released your data to CEL 'without reasonable cause' (use those words - they have a specific meaning) as they are operating on land where they have not been able to prove they have landowner authority (copy them POPLA's decision) and are therefore in breach of their KADOE contract with the DVLA.

Ask them to carry out an investigation - and if there are motorists who have paid parking charges for this site to CEL, insist that the DVLA instructs CEL to repay them.

Please let us know if you'll do this.

The_Deep

Mention this also in your complaint to the MP.

beamerguy

willekim .... please do what Umkomaas says.

If for no other reason than to protect other motorists from the scammer CEL.

twhitehousescat

perhaps you should now return to the costa site and thank the manager for all his assistance , and point out that the parking Co are acting illegally on his site , ask him to remove any signage as you will inform local press trading standards and police within 7 days (trading standards , police , I know , but he sounds clueless)

let him be the one to start worrying now/