POPLA Appeal to ParkingEye - Entered car park but never parked as there were no spaces

JulietWhisky

Hi,
I received a PCN from ParkingEye which I appealed directly which was unsuccessful (I never used the template here, sadly as I never knew about this excellent resource!). I am now going to appeal to Popla.
Basically I entered the car park, drove around a couple times to find a space, there were none available, so I left. I was in the car park 6 minutes as evidenced by the PCN (pictures of the car entering and leaving).
Below is my proposed submission to Popla. Unfortunately I can't take any pictures of the car park as it's 250 miles away from me! Is my argument strong enough?
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I was issued with a parking ticket on 3rd September 2020 but I believe it was unfairly and  unlawfully issued. I will not be paying the demand for payment for the following reasons:

• The alleged contravention did not occur

Quite simply, I never parked the car. This is due to the fact the car park was full and there were no spaces available. I entered the car park, drove around a few times to find a space, or for a space to become available. A space never became available so I left the car park. This is evidenced by the fact I was only in the car park for 6 minutes as per the Parking Charge Notice issued, and as proof of my claim. 

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally.

• The vehicle was not parked on the land in question

A ticket was issued for supposedly breaking parking restrictions yet the vehicle was never actually parked, meaning the operator had no authority to issue a ticket. As per previous point, there were no spaces available, so I exited the car park without ever parking.

·      The charge is disproportionate and not a genuine pre-estimate of loss
The amount charged is not based upon any genuine pre-estimate of loss to the company or the landowner.

In my case, the £100 charge being asked for far exceeds the cost to the landowner as I never parked the car due to it being full, therefore feel the amount you have asked for is excessive.

Ralph-y

Hi, and welcome to the forum ... have you read the newbies thread ... which has POPLA appeals examples?

before you appeal to parkinglie ...where was the car park and what type ... retail ? supermarket? gym? ....

Ralph

JulietWhisky

Ralph-y said:

Hi, and welcome to the forum ... have you read the newbies thread ... which has POPLA appeals examples?

before you appeal to parkinglie ...where was the car park and what type ... retail ? supermarket? gym? ....

Ralph

Thank you. I have. I feel like I could go off on a tangent and add loads more arguments that are not proportionate to the point of my case.
The car park was a normal town car park, not serving a specific facility.

Umkomaas

Can we see 2 things please:

1. The Notice to Keeper (front and back) redacted of all identifying detail, but leave all dates showing, and
2. A verbatim copy of the appeal you sent to PE. 

Le_Kirk

Ditch the genuine pre-estimate of loss; that is old.

Redx

Popla appeal points are

No landowner authority
Poor and inadequate signage
The CRA 2015
POFA 2012
The BPA CoP

Etc

Not the loss point , that died a death in Parking Eye vs Beavis a few years ago

The others are good points

D_P_Dance

If you did not park you did not engage in a contract.  If no contract exists, there cannot be a BOC.  Delete GPEOL.

KeithP

JulietWhisky said:

The car park was a normal town car park, not serving a specific facility.

Please explain what "a normal town car park" is. Multistory, pay and display, free, etc.

The question was "where was the car park and what type ... retail ? supermarket? gym?"

Ralph-y

how long have you got for the POPLA appeal?

plan A is find the car park owner / management ( not the PPC) and complain ther ...

Ralph

Coupon-mad

That's the awful, dreadful, terrible first appeal from the MSE article, can you take it down in case someone copies it, please?

It is wrong in so many ways.