First Parking Lpp

teeanem

Thank you very much for all this advice. I will work on the draft overnight and re-post in the morning, whether or not I get any success when I phone the university.
No info came with the permit. The application was on line, and we can't remember whether there was any reference to any terms & conditions. After the application, she went into the office and was handed the permit. Nothing was said about the T&C's s. We did get a photo of the sign, and it definitely does not mention what colour permit is needed, nor what colour zone the area is.

Coupon-mad

We did get a photo of the sign, and it definitely does not mention what colour permit is needed, nor what colour zone the area is.

That gets embedded into your POPLA appeal document then. Not as a separate attachment; you want to make it easy for the POPLA Assessor to see your point in the appeal and not have to click around between photos and the appeal itself.

We suggest you only upload ONE PDF with all pictures embedded, under 'OTHER' only.

teeanem

Ok. I've got to sent hard copies thro the post.
Anyway, I contacted the university this morning, and basically they've agreed to reduce the charge to £25, if paid today. I asked for an extension to chat it over with my daughter, and he did so until Friday. My daughter wants to pay it, so the problem goes away!

teeanem

I have managed to embed the photo into the document I'll be printing off and sending to popla.
I have also found a more upto date landowner authority. I have also added an introduction in respect of the possible delay of submission of the appeal along the issue about the driver. . Please can you comment.
The submission of this appeal may be out of the time scale due to an issue that occurred when I attempted to register the appeal through the POPLA on line form. On 1st May 2019 I logged into the POPLA website, which stated that the verification code was already in use. I contacted POPLA by phone, and was told that it appeared that someone else had registered an appeal using my Verification code. She explained that I would have to submit the appeal by post, and she forwarded me an email with a pdf version of the postal appeal form attached. She explained that she would update the records indicating what had happened, and that I had a 10 day deadline for the submission of the appeal.
Please find enclosed a copy of the email send by POPLA.
As the registered keeper of the vehicle, registration number xxxx xxx at the time of the incident, I wish to appeal against the parking charge issued by F1rst Parking LLP.

I deny any liability or contractual agreement. I was not driving at the time of this incident. There will be no admissions as to who was driving and no assumptions can be drawn.

& landowner liability

No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner.

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

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.

Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement

Thanks

teeanem

Sorry to be a nuisance, but I have to get my appeal in the post tomorrow. I am having difficulty logging in to MSE forum at home, so am having to travel elsewhere to use different IP addresses. (Don't ask)

Please can I have some advice on my latest post. Should I pay the £25 offered? Should I include this offer as a reduced charge in my appeal?

Coupon-mad

teeanem wrote: »

Ok. I've got to sent hard copies thro the post.
Anyway, I contacted the university this morning, and basically they've agreed to reduce the charge to £25, if paid today. I asked for an extension to chat it over with my daughter, and he did so until Friday. My daughter wants to pay it, so the problem goes away!

Did you pay this after all?

I tend to think between £15 and £25 is low enough to maybe pay it, and then get your own back on the industry by becoming really clued up on how to avoid their scams next time.

It is interesting to know that the Uni of Nottingham will reduce these to £25. Might help other people. Not that I want people to pay, I want them to suss the scam and beat PPCs generally by learning from experience.

Which Department/person did you contact to get that agreed? Please share with others.