Parking Eye - Rejected Appeal

joem23

the driver was not the registered keeperUmkomaas said:

If the PE Notice to Keeper is PoFA-compliant, then all your pleadings about the driver's identity not being known is utterly irrelevant. PE NtKs generally are PoFA-compliant, but you can check out whether they are invoking keeper liability by looking at the reverse of the NtK for a paragraph headed 'Protection of Freedoms Act'.  If it's there, forget all the stuff about the driver, if it's not there, then it's game on!

seems to be game on, i will base my POPLA then on lack of signage argument

Coupon-mad

But you are not doing a POPLA appeal first.  There's a month to do that and it is never done before exhausting Plan A.

joem23

So i have called the hotel, and they claim to have nothing to do with the car park and that is owned by PE and there is nothing they can do to help. they literally wanted nothing to do with it. 

So i should start preparing my popla defence?

Coupon-mad

It isn't owned by PE.  They lied.  

PE own no sites and they always supply a User Manual to clients that gives an email address 'cancellations@'.

Ring back and escalate the complaint to someone who can be bothered to find the User Manual.

fisherjim

joem23 said:

So i have called the hotel, and they claim to have nothing to do with the car park and that is owned by PE and there is nothing they can do to help. they literally wanted nothing to do with it. 

So i should start preparing my popla defence?

You need to get on to the organ grinder not the monkey that fob off is just a ridiculous lie.

joem23

Hey guys as an update have tried calling and speaking to the manager where the alleged person was parked but as the alleged driver wasnt staying at the hotel they were not willing to help. even though there was a lack of signage from where the car was parked. 

Someon has since gone back and collected evidence to back up the fact there was no clear signage from the bay the car was parked in, is it the right time now then to use the POPLA ?

Le_Kirk

You appeal to POPLA after you have exhausted complaints to landowners, after your appeal has been rejected by the PPC and before your POPLA code expires.

Coupon-mad

POPLA Codes last only 33 days - so yes.

joem23

i have drafted the below from information read on here and used the points below - i want to state there was no clear signage upon entry to the car park and no signage is visible from the space that the alleged driver used. The keeper has gathered evidence of this with photos do i attach this and put this in the defence also.

I have used the below points with information underneath in other posts just want to know what else to put on there, and what structure to use.

Appreciate all the help on this 

there is insufficient notice of the sum of the parking charge itself

No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

Coupon-mad

A POPLA appeal is not a defence.

The 3rd post of the Newbies thread tells you what a good POPLA appeal looks like - a single PDF story with pictures - no separate photo uploads.