Need to find a winning POPLA appeal Initial Parking

flossykazzie

So I have had a response from making my complaint to Steve Double, please see the comments below that have come from Initial Parking.

"The motorist parked for 3 hours, 47 minutes and 4 seconds and only paid for 3 hours.. so plenty of time to get in and out of the car park.

The keeper appealed and the appeal was declined – the keeper stated on her appeal that she did not need to declare who the driver was at the time of contravention – which is completely incorrect.  FYI, we have 14 days from contravention to send out the “POFA” letter which means that if the keeper does not declare the full driver detail the keeper remains liable  (on this occasion contravention was 22/07 and PCN issued 29/07) so we were well within timescales to utilise the keeper detail provided to us by the DVLA. 

In addition, as you can see from the payment data – the Motorist used the P&D machine to pay for 3 hours only – which means that there was 47 minutes and 4 seconds unpaid parking time."

They are stating that it is completely incorrect that the keeper does not have to declare who the driver was at the time of contravention, why are they saying that???  I have a feeling that they will want to take this all the way from their tone.

I have not submitted the POPLA appeal yet though.

nosferatu1001

Theyre liars, thats why. 
Theyre wrong. They know theyre wrong. Or, theyre too stupid to knwo theyre wrong. 

Fruitcake

flossykazzie said:

Hi Fruitcake
Thank you very much, I have gone and had a look at the Signage in the NEWBIES section, yes it is very long indeed, so shall I copy and paste that in and use that version. Also the Frustration of Contract is slightly confusing me on the fact that then you are admitting that you did enter into a contract with them, or is that not correct? 

Frustration of contract means that the driver could not have entered into a contract because they were prevented from doing so by events outside of their control. A puncture requiring a wheel change (ref the Jopson vs Homeguard judgment), and queuing to get out (ref the Parking Lie/Fistral Beach case).

Le_Kirk

Frustration of contract would be where the PDT was broken or, as you say, where they were prevented from leaving due to a queue whereas a puncture or similar is a vicissitude.

Coupon-mad

Initial are not known for suing.  Not sure they'd have a clue.  Sit tight.

flossykazzie

Hi All
So today the POPLA appeal is being submitted, fingers, eyes. and toes crossed for a good outcome, I will come back and let everybody know what happens.

nosferatu1001

Fruitcake - thats not quite my understanding of FoC
To my mind youre not prevented from entering into the contract, more that events not in your control prematurely terminate the contract. 
This is different to a lack of ability to enter the contract, such as an impossible term , broken machine etc.