PCN: Southend Airport Retail Park Service yard - appeal success

Parking_charge_crusader

I am setting up a new thread on this forum by popular demand after successfully contesting my ParkingEye Ltd Penalty Charge Notice via POPLA. :j
I am professionally qualified in contract law and it was my contention that the ParkingEye Ltd signage at the Southend Airport Retail Park Service Yard was unenforceable in a court of law for a number of reasons. POPLA have confirmed in writing to me that:

"[FONT=&quot]Parking Eye Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."[/FONT]:T

I have posted my appeal letter and evidence submitted to POPLA via the link below in the hope that (at least some of) the detail contained within it will help others defend themselves from unfair parking charges raised in relation to this specific site - and elsewhere as appropriate.

The contentions raised in my case will not be relevant to all of course, but I hope it goes some way to redressing the disproportionate power this organisation (and others like it) have in comparison to unsuspecting motorists.
My motto - even if you fail in the appeal process - make them work hard for your money!


On line appeal: (copy, paste into browser and insert "www [dot] dropbox [dot]" before the link):

com/s/zfol6spuefjb7d6/Southend%20Airport%20Retail%20Park%20Service%20Yard%20car%20park-%20successful%20appeal.pdf?dl=0

Le_Kirk

Here is your link made live: -
https://www.dropbox.com/s/zfol6spuefjb7d6/Southend%20Airport%20Retail%20Park%20Service%20Yard%20car%20park-%20successful%20appeal.pdf?dl=0

beamerguy

Just another case of Parking Eye trying to scam you in the first place

Parking Eye are approved by the BPA whose motto should change to

"Carry on Scamming"

Umkomaas

Thanks for linking the paperwork.

The one issue I'd query is your statement that PE own the car park - an airport retail service yard at Southend Airport - can't be right, it's not a PE modus op to own car parks? Where did that information come from?

Guys_Dad

Great appeal and well done, but in the appeal, you start off as "the driver" but by para 11 by the photos, you reverted to "I". I turned right (east) into what I believed was a short stay parking area –free for five minutes,as per this sign.

This was not on your subsequent visit to obtain photos as you parked some 1/4 mile outside.

It's an easy trap to fall into, particularly with a l..o..n..g appeal!

Coupon-mad

Can you post this in POPLA Decisions up the top of the forum too, please?

Well done!

trisontana

Umkomaas wrote: »

Thanks for linking the paperwork.

The one issue I'd query is your statement that PE own the car park - an airport retail service yard at Southend Airport - can't be right, it's not a PE modus op to own car parks? Where did that information come from?

Although this park is opposite the airport I doubt if it is owned by the airport. It just happens to be close to it. If it's the one I think it is then it contains a Mcdonalds, Home Bargains and a few other shops. It's not even accessed from the airport approach road but from the public highway. I imagine it's owned by a third-party landlord.

Parking_charge_crusader

Guys_Dad wrote: »

Great appeal and well done, but in the appeal, you start off as "the driver" but by para 11 by the photos, you reverted to "I". I turned right (east) into what I believed was a short stay parking area –free for five minutes,as per this sign.

This was not on your subsequent visit to obtain photos as you parked some 1/4 mile outside.

It's an easy trap to fall into, particularly with a l..o..n..g appeal!

----
Hi - the letter was written by the keeper of the vehicle, but the annex to which you refer was written by driver, not the keeper, so the use of "I" was appropriate in that context. The driver was not therefore identified in the correspondence. Hope that helps clarify things.

Parking_charge_crusader

Coupon-mad wrote: »

Can you post this in POPLA Decisions up the top of the forum too, please?

Well done!

---

Hi - not sure posting the POPLA decision is going to help people much as their notification only states that ParkingEye Ltd did not want to contest my appeal. In case it helps, I have uploaded the text of the e-mailed appeal notification here:
Enter www [dot] dropbox [dot] then paste following into browser:
com/s/quodrbyhcx45cdx/E-mail%20notification%20of%20succesful%20appeal.doc? dl=0

Parking_charge_crusader

trisontana wrote: »

Although this park is opposite the airport I doubt if it is owned by the airport. It just happens to be close to it. If it's the one I think it is then it contains a Mcdonalds, Home Bargains and a few other shops. It's not even accessed from the airport approach road but from the public highway. I imagine it's owned by a third-party landlord.

----
The car park you are referring to is outside the front of the retail establishments and not the one where I parked. The car park I went into is to the rear of the Argos and PetSmart establishments and is owned by ParkingEye Ltd - according to information I was given by one of the retailers to whom I complained after the incident. That latter is accessed via the airport approach road as can be seen on the map illustration provided in may linked appeal paperwork.

Umkomaas

and is owned by ParkingEye Ltd - according to information I was given by one of the retailers to whom I complained after the incident.

You seem to be inexperienced in the art of fob-off. That line was thrown your way to get you off their back.

If PE own that car park, I'll eat my leg!