POPLA appeal Letter - Parking Eye

Redx

HenryCountry wrote: »

Hi RedX,

I did not make top up payment as I did not realised I was over stayed. My basics of not willing to pay was how is £60 justifiable for 50 mins over stay? Another reason I did not pay is because most of the thread i read in the forum here say dont pay but appeal.

Plus at that time, I did not know that I can 'top up' nor I have the option of paying at the end of the parking.

Does this meant I am on a losing battle ground?

Thanks.

Beavis overstayed on a free to park for 2 hours car park by around 50 minutes

PE beat him in 3 courts for £85 , the last one being the Supreme court a few years ago

If 5 judges at the supreme court decided it was justified, then you are up against it , are you not ?

Local court , then the court of appeal , then the supreme court in London , with about 11 judges , several barristers and solicitors and legal advisors on both sides

Don't take my word for it , Google the name Barry Beavis , then read em and weep

I don't have to justify it, neither do parking eye , they have a judgment that's persuasive on lower courts and therefore on popla

If they allowed a top up payment , then the judge and popla assessor should side with them because it's the driver's or keepers responsibility to check , and if those occupants read the sign and paid for 8 hours then they understood the sign and the parking contract because it was actually agreed by both sides when the payment for 8 hours was made

Grace periods won't wash because this overstay was too long for it to matter

Lamb to the slaughter in my opinion, especially as parking eye have experience of winning in courts up and down the land

You would be wise to settle this out of court and stop fooling yourself , besides which a failure at popla leaves you open to the full daily default tariff on the sign , likely to be nearer £100 , not £60

I have told other people this over the last few years, especially because you have little or no Defence, especially if you are arguing that £60 is extortionate ?

If you read info and decided to appeal , you at least need a good legal argument , which is not that £60 is too much, especially when the default tariff for breaking the contract is £100

A good popla appeal will have some form of legal argument from you, please explain what that is, now that we have seen your replies and explained the reality to you

Posts 2, 4 , 5 , and 7 queried the basics etc

I suspect this was the golf club in Newquay ( or maybe Abersoch)

The following are non starters

Pofa
Keeper liability
Ntk issues
Ntk delivery time
Possibly the signage because payment was made at the time
Grace periods
Not a genuine pre estimate of loss
Anpr reliability, especially when payment was made for the VRM on the PCN, so the vehicle was correctly identified and I doubt the pdt machines were faulty by 50 minutes and the overstay was correctly identified

HenryCountry

Thanks for your explanation RedX.

Redx

If you are appealing to popla then no landowner authority and inadequate signage are the 2 arguments that may win, but I fail to see mileage in anything else , unless you can prove the £100 is a penalty and the Beavis argument is null and void to the claimants position

HenryCountry

They have worded it as Parking Charge, and I do understand that GEPOL is not a legal ground for defence. Came across Bowen’s case which defended on the basic of no contract is formed. Like you said, I have paid, therefore its like I have accept all the T&C when sign up some app or website.

Redx

yes , they will have worded it as parking charge notice (it is a postal notice of a parking charge due to breach of contract by the keeper), and sent the notification (notice) to the keeper registered with the DVLA , hence its a Notice To Keeper , or NTK



looking at the pictures (now I am on a laptop) , the warning about not sticking to terms and conditions at abersoch car park is clearly set at £100 (so not at £60) , it was £100 reduced to £60 for early payment , but was always the daily default tariff as allowed under the BPA CoP and has been around for a decade or so

what I do not see is anything about what to do if an overstay occurs , pay extra ? phone Parking Eye ? what ?

it is the lack of info or the small terms and conditions that you can query as regards the signage , but its clear that up to 8 hours is £5 and longer is £8 or £12 depending on time etc

buying a £1 ticket for the extra hour would have ben prudent, so the occupants should have checked the expiry time on their pdt ticket before departing , this could have been used as mitigation, had it been done (I rralise none of you bothered checking , but that is no defence in law , paying for the time on site is the contractual obligation, the keeper is liable because PE stuck to POFA)

difficult to get out of this one and I assume the payment has now defaulted to £100 ?

HenryCountry

I can only assumed that there are no option for overstaying as you could pay at the end of the parking, which was not made clear anywhere... apart from the golf club website. We were under the impression it was a pay and display carpark. I also assumed that there are no top up option because it stated that no return within x hours on the signage.

The parking ticket only have the time payment was made. Picture link: h.ttps://imgur.com/cASh2QM

PE has given another 14 days 'as gesture of goodwill' that my appeal was rejected. So it is currently £60 and I have another 8 days left.

Redx

so if PE have all their ducks in a row they are right and the driver or keeper failed their duties so incurred breach of contract hence £100 as stated clearly on the signs and £60 for an early payment, ie:- a 40% discount as required by the BPA CoP

I find it hard to see that you have any argument other than indignation , which is why you appealed the pcn , but cannot succeed

if you appeal to popla it will default to £100 if you lose , which seems likely to me

choose your battles carefully, plus ensure you understand all the facts first before going off half c*cked , hence my explanations

this smacks too much like Beavis , despite it being a PDT car park as you correctly say , the no return is ominous as a term , therefore somebopdy should have phoned PE, but nobody realised which was a major mistake in not setting an alarm on a watch or mobile phone (or scribbled the end time on the back of the ticket as a reminder, by adding 8 hours to the start time shown on it ?)

£60 lost due to not paying £8 instead of £5

I doubt you will repeat this saga, or will be more careful in future