FISTRAL BEACH, Newquay, Inital Parking.. please help!!

KeithP

MinnieSox9 wrote: »

I’m trying to find a complaints email for the DVLA but can’t seem to find one?

Sticking complaint DVLA into google returns pertinent information.

Post #5 of the NEWBIES thread also answers that question.

MinnieSox9

Perfect! Got the email now and shall send them the same email in which I sent the BPA thanks

MinnieSox9

I emailed the woman at AOS and she replied saying
“I have approached Initial for their comments and will update you accordingly.” so will be interesting to see what they say. I need to draft the POPLA appeal too!

MinnieSox9

Totally lost track of time and released I received a letter dated the 2nd with my rejection of my initial appeal and I need to do my POPLA appeal Within the 28 days! I’m slightly confused in regards to the popla appeal. I see the draft template on the NEWBIES thread, but I’m unsure as to what parts are apparent to my appeal, and where to put in about the failing of POFA as they was a day late ? Thanks guys, also I live in Kent so was wondering where I could get images from as I’m not local

Le_Kirk

All parts are appropriate to a POPLA appeal, you just need to order them in priority to fit your case. Signage, landowner authority, grace perods, PoFA etc. Images may be available from Google street view but also from anyone else who has submitted a Fistral Beach POPLA appeal. As well as NEWBIE sticky, you can also search for threads/posts by other posters.

Redx

I remember doing a Google or Facebook search and seeing pictures of Initial signs at Fistral beach, so can't be hard to find , although Google maps may be older with smart parking signs, unless they have updated theirs

Use all legal points available , even old popla appeals from when smart were on site, or when it was Parking Eye , there hasn't been any real changes apart from Beavis

Plus you are not the only person fighting Initial at that location , the kml decision is in the popla decisions sticky thread

Fruitcake

kml lost at PoPLA because the assessor couldn't count to 15, which is why I suggested you spell it out and numbered day by day.

Here is the signage at Fistral provided by kml and includes a very useful copy of the contact with the landowner.

https://imgur.com/a/c5XMstZ

I suggest you make, no valid landowner contract point 1 of your appeal, and non PoFA compliant NTK point 2.
This is because "no valid contract" can be used by other victims whereas non PoFA complaint NTK will only apply to you.

You need to state that this is the alleged contract provided by the PPC. (You don't need to tell PoPLA who provided it. )
Then state that it fails the requirements of the Companies Act 2006, and therefore is not a valid contract.

https://www.legislation.gov.uk/ukpga/2006/46/section/44

44 Execution of documents

(1) Under the law of England and Wales or Northern Ireland a document is executed by a company—
(a) by the affixing of its common seal, or
(b) by signature in accordance with the following provisions.

(2) A document is validly executed by a company if it is signed on behalf of the company—
(a) by two authorised signatories, or
(b) by a director of the company in the presence of a witness who attests the signature.

(3) The following are “authorised signatories” for the purposes of subsection (2)—
(a) every director of the company, and
(b) in the case of a private company with a secretary or a public company, the secretary (or any joint secretary) of the company.

The alleged contract has not been executed in accordance with paragraph 1 because it has not been signed by two people from each company nor by a director and witness of each company in accordance with the requirements of paragraph 2, and has not been signed by authorised signatories as defined in paragraph 3.

In addition, the signatures are illegible and therefore you require the scammers to prove they are actually employees of the two companies concerned as there is no indication on the document that they actually work for the two named companies or in what capacity.

As such the contract is not valid in accordance with the above Act of Parliament, and thus the PCNs are also invalid.
(Quote the relevant part of the BPA CoP concerning permission to operate and state that the contract failure is also a CoP failure)

Complain to the BPA and DVLA that the scammers are operating a for profit business on land where they do not have a valid contract to do so.

MinnieSox9

Wow, all this info scrambles my Brain! I’ll try and do a draft and post it on here, I didn’t get much of a response for the DVLA, they basic told me to speak to the BPA in which I chased again a response today as they haven’t got back to me. I will ensure I spell out the dates and days in regards to the PoFA failure

You are all amazing with your knowledge !

MinnieSox9

Just had a reply from the BPA

Dear Courtney,



Thank you for your reply.



I can Initial has provided us with their comments



Initial has advised they will be adding an “Other” option when submitting an appeal; they will update us once this has been completed.



Please be advised the outcome of an investigation does not necessarily result in the cancellation of a charge; our role is to seek rectification if a breach occurs.



Although this was not a breach of our Code we are satisfied with Initials response; as such, this case is now closed.



Thank you for bringing this matter to our attention and helping us raise standards within the private parking industry.

Redx

Which was the best outcome we could hold for, seeing as many others use it , including popla

Well done , a small victory for us all