Lost POPLA appeal - What to do next

KeithP

I confirm that the facts in this defence are true to the best of my knowledge and belief.

Needs to be changed to...

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

rookie91

Coupon-mad said:

What's the date of your claim form and have you done the AOS online already, what date did you do that?

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

Date is 10/08/20. AOS was done on 26/08/20.

rookie91

Needs to be submitted by Monday.

D_P_Dance

if this goes to court they may struggle, read this,

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

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

1505grandad

Some observations, particularly if defending - and relevant -  as keeper only:-

Title should also include DEFENCE

Para 5  -  "Upon receiving the claim, the only route offered was a supposed 'appeal' to ParkingEye themselves,..../"

should that be "Upon receiving the Notice to Keeper....."

Para 7.1  -  "nor was there any misuse of a valuable parking space by the (Defendant,)......"

should that be (driver)

Para 11.1  -  ".........would have (enable) an immediate route of cancellation,...."  -  (enabled)

Para 12.3  -  ".......lack of signs in the route to parking and the area the (defendant) parked."

again should that be (driver)

KeithP

rookie91 said:

Coupon-mad said:

What's the date of your claim form and have you done the AOS online already, what date did you do that?

Date is 10/08/20. AOS was done on 26/08/20.

rookie91 said:

Needs to be submitted by Monday.

Your are right with your target date but there might be something useful here...

With a Claim Issue Date of 10th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th September 2020 to file your Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

rookie91

Thanks for all the comments. Very much appreciated and i will take the feedback on board.

What do you think about 12.1?

KeithP

rookie91 said:

What do you think about 12.1?

12.1 looks good on the face of it. Do you have evidence of that? If you have it, include that Judgment as an exhibit in your evidence.

rookie91

KeithP said:

rookie91 said:

What do you think about 12.1?

12.1 looks good on the face of it. Do you have evidence of that? If you have it, include that Judgment as an exhibit in your evidence.

I've got a link for the transcript and the written judgement.

I was under the impression that I would have to provide the evidence at a later date. Is that correct?

KeithP

Yes, you are right. Evidence comes later - some weeks/months away. For some reason I was thinking that was your Witness Statement. Sorry.

For a Defence, perhaps 12.1 should be reduced to something like:
12.1. The Claimant's signage at the entrance is obscured by foliage and is confusing. The sign situated at the entrance caused great confusion. In fact, a ruling by Deputy District Judge Mackley from a similar case (E7FC74JV) which was dismissed for the same carpark on 03/07/19 would support my case.

In my opinion the rest is more Witness Statement stuff.