Parkingeye Lido Margate POPLA appeal

Modyfi

Hi all,

Hoping that I have done this correctly as searched the forum but none have ever been asked about this location.

Wrote an appeal to Parkingeye for it to be declined (surprise there) and now at the POPLA stage.


Hoping someone can give my draft a read over and correct me where I've gone wrong as its lots of information in one night!

Back story:


Other half registered keeper
Neither of us are driver so never passed info as to who is
Supposedly paid £1.20 although sure we paid £1.50.
Price is 80p for two hours and £1.50 for four.
Parked for 3:32
Sent first appeal and recieved letter asking her to sign and return so I can respond on her behalf as registered
Asked why figure shows incorrectly on their system (thought they were human) and stating the poor conditions
Recieved response saying Insuffiient time and 14 days of reduced fine (lucky me right)
Seems i have a letter very similar to golden ticket although differs slightly by showing a section called case law but nothing stating the keeper liability.


Hyperlink:

Remove space

https:// docs.google.com/document/d/1uUdgHFit1LbfDN7LT7KdB_0Ok24IubXv5z4M0dpHB08/edit?usp=sharing

Quentin

https://docs.google.com/document/d/1uUdgHFit1LbfDN7LT7KdB_0Ok24IubXv5z4M0dpHB08

(14 Pages!)

Umkomaas

Seems i have a letter very similar to golden ticket although differs slightly by showing a section called case law but nothing stating the keeper liability.

Are you describing the very first letter your wife received here? Is it headed ‘Notice to Keeper’?

What was the date of the parking incident?
What is the ‘Date of Issue/Date Sent’ shown on the NtK.

Does the reverse page contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

Case Law examples are of no consequence in making a NtK compliant or not.

Just had a quick scan of your POPLA appeal (very difficult to read on my iPad - minute font!).

2) The amount being claimed is not a genuine pre-estimate of loss to the company or the landowner

Get rid of this, it will cause you to lose. It holds no sway with POPLA as they will throw Beavis right back in your face, and find for the operator. Almost a red rag to a bull nowadays. Hasn’t been successful in over 3 years.

MistyZ

Does any occupant of the car have evidence of paying the £1.50?

I know this car park and it is indeed dark as a pit when the sun goes down and truly awful in many ways. I'm wondering whether you could do with some 'jump out at you' phrases, to ram these facts home in everyday English in addition to the current text .... For example: 'this car park is exceptionally poorly lit to the extent that walking in it after dark really is hazardous. Signage is hard to locate and extremely difficult to read', with reference to particular photos. Well, like that only better.

Will be re-reading the POPLA appeal today, coffee required.

Modyfi

Thank you for the responses. Sorry for the poor information, was getting rather tired at the time of writing.

The other half's car is still registered at her parents, when she popped round they gave her all her post to find two from PE.

In my confusion looking last night I assumed they were the same date but unfortunately first was sent on the 05/03/19 and the second a reminder letter sent 14/05/19. Date of the incident in question was 23/02/19.



Unfortunately my partner is very organised and clean so the ticket shortly went to the as was assumed there wasn't an issue.

As you can see my letter production skill is rather lacking and seems a hatchet job.

I Appreciate the help.

Modyfi

Also i have removed section 2 as informed.

Should now have updated in previous hyperlink on Google cloud.

The_Deep

How much do they claim you owe? Is it £0.30p If so, I cannot imagine them taking this to court, a judge would be very unimpressed. Also, their signs often fall short, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

and complain to your MP, their days are numbered,


On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies. .

Modyfi

No, they claim that they are owed £100 now as outside of the dates required for the so called reduced fee.

Once this is through I will follow up with local mp.

Little concerning as to how bad of practice this seems. Having the parking signs facing into the car park and not the entrance as well as no lighting in the park or on the machine. It's almost as if they want people to trip up and make mistakes!

The_Deep

No, they claim that they are owed £100

They are owed nothing unless a judge says so. How much was the claimed underpayment?

Get you MP on side NOW.

Modyfi

Claimed underpayment was at £60.

Is there a format of letter / email that's best to send to my local mp?

The_Deep

Modyfi wrote: »

Claimed underpayment was at £60.

Is there a format of letter / email that's best to send to my local mp?

We are still not on the same page.

How much was the original fee for parking? Was it £1.50.

How much did you pay?