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BATH RUH - POPLA Appeal Unsuccessful
BoutTime
Posts: 37 Forumite
Hi all,
As per the thread title, I've just had an appeal rejected. I did not feel that either Parking eye or POPLA considered any of the points put forward in my appeal.
I basically positioned my car by the side of the road adjacent to 6 bays reserved for staff. There was a sign which clearly stated a permit was required to park in any of the six bays with arrows pointing to them.
But at no time was my car parked in any of these bays and I did not prevent anyone from either entering or leaving them. I stayed in this position for approximately one hour with my engine running and I did not leave my car unattended in this time. I could not turn the engine off as I'd jump started the car before leaving home due to a flat battery.
The only photographic evidence they appear to have is of me entering and exiting the road which is apparently under the control of Parking Eye where these parking bays are situated. I asked for clarification on where the photos were taken and I received none. In fact the original response from Parking Eye to my informal appeal was just addressed to "sir/madam".
Is it worth me taking this further? I feel there is a point of principle here as the signage is misleading. If a permit is required to park in a bay that I did not park in, how can I receive a PCN?
Many thanks in advance.
As per the thread title, I've just had an appeal rejected. I did not feel that either Parking eye or POPLA considered any of the points put forward in my appeal.
I basically positioned my car by the side of the road adjacent to 6 bays reserved for staff. There was a sign which clearly stated a permit was required to park in any of the six bays with arrows pointing to them.
But at no time was my car parked in any of these bays and I did not prevent anyone from either entering or leaving them. I stayed in this position for approximately one hour with my engine running and I did not leave my car unattended in this time. I could not turn the engine off as I'd jump started the car before leaving home due to a flat battery.
The only photographic evidence they appear to have is of me entering and exiting the road which is apparently under the control of Parking Eye where these parking bays are situated. I asked for clarification on where the photos were taken and I received none. In fact the original response from Parking Eye to my informal appeal was just addressed to "sir/madam".
Is it worth me taking this further? I feel there is a point of principle here as the signage is misleading. If a permit is required to park in a bay that I did not park in, how can I receive a PCN?
Many thanks in advance.
0
Comments
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how do you propose to "take this further" , the ball is not in your court, not unless you now pay , IN FULL
if you fail to pay up, its likely PE will issue an MCOL and you can take your arguments to a judge, who will decide one way or the other
if you lose in court , pay up , IN FULL, within one month , to avoid a CCJ0 -
Yes, if you mean when PE try to sue you, should you defend? YES.Is it worth me taking this further?
Come back when you get a LBCCC and/or a claim to defend.
If you get Equita letters you can be sure PE are unlikely to sue at this location.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
If that was the basis of your appeals you have totally missed all the advice on here it was bound to fail oh dear!
Sounds like you were captured on anpr anyway, engine running, not leaving the car so what the car was there!
If you want to try another tack you could write to Brian Gubb, Director of Estates & Facilities at The RUH they have had many complaints about the way that PE "manage" their car parking.
But don't hold your breath for a positive outcome.0 -
how do you propose to "take this further2 , the ball is not in your court, not unless you now pay , IN FULL
if you fail to pay up, its likely PE will issue an MCOL and you can take your arguments to a judge, who will decide one way or the other
if you lose in court , pay up , IN FULL, within one month , to avoid a CCJ
By taking it further I meant not paying. By going to court am I liable for any additional costs should the court find in favour of Parking Eye?
I really do not understand what POPLA are doing. The sign clearly states a permit is required to park in any of the 6 bays. And I was not parked in any of them.0 -
Coupon-mad wrote: »Yes, if you mean when PE try to sue you, should you defend? YES.
Come back when you get a LBCCC and/or a claim to defend.
If you get Equita letters you can be sure PE are unlikely to sue at this location.
So I haven't missed the boat so to speak given that both Parking Eye and now POPLA have rejected my appeals? I gather I am now to expect another letter (LBCCC) which I need to check against the PD?
Thanks.0 -
That's right.So I haven't missed the boat so to speak given that both Parking Eye and now POPLA have rejected my appeals? I gather I am now to expect another letter (LBCCC) which I need to check against the PD?
Thanks.
Bear in mind that you are also likely to receive several harmless letters from debt collector's before that LBC, but post #4 of the NEWBIES FAQ sticky thread gives good guidance on how to deal with them.0 -
If they have anpr of you entering and exiting presumably you were on site for a period of time either where you should not have been or where you should have paid!
Forget about the bays you are barking up the wrong tree, POPLA has passed you blew it, this is an unregulated money scamming industry you are now stuck in a process and will have to follow the flow.
Or do what I suggested in post 4 if you want to try another approach.
The regulars on here have seen thousands of these charges you need to realise this is nothing new or out of the ordinary for the entrapment industry of PPC land.0 -
If they have anpr of you entering and exiting presumably you were on site for a period of time either where you should not have been or where you should have paid!
Forget about the bays you are barking up the wrong tree, POPLA has passed you blew it, this is an unregulated money scamming industry you are now stuck in a process and will have to follow the flow.
Or do what I suggested in post 4 if you want to try another approach.
The regulars on here have seen thousands of these charges you need to realise this is nothing new or out of the ordinary for the entrapment industry of PPC land.
I realise this. If I stand little chance of a successful outcome in court I'll pay up. Its seems less about right vs wrong and more about loopholes and failure to follow process. To be honest I've had debt collectors chase me before, over a 5 year period for a debt that wasn't mine. The only way I put a stop to it was using identity theft cover provided by my bank. For the sake of £80 I'll pay up and avoid the hassle. I know this will be frowned on by members on here. Thanks anyway.0 -
By taking it further I meant not paying.
By going to court am I liable for any additional costs should the court find in favour of Parking Eye?
you do not have to pay unless a judge says so , after an MCOL battle
yes , probably the original charge of say £100 and court costs of maybe £75 to £85 -= less than £200 in total0 -
We consistently help posters win 99% of cases, even against ParkingEye.If I stand little chance of a successful outcome in court I'll pay up.
Only two people lost in 2017, out of over 300 who were assisted here (I kept records) and those two people simply had to pay about £175. No repercussions, no CCJ, no effect on anything.
And all those who won, despite their nerves, LOVED it!
No risk, so why fold? They might never sue.
You may as well see them in court and come back to get help, IF that happens. You don't even know if they have the right to sue at this location (some places, PE do not ever sue). You will know, if you get Equita letters, it will go nowhere!
IF it goes to LBCCC and court, you would be arguing no contract agreed, car not parked in a permit bay, non-compliance with the NHS Car Parking Principles, and non compliance with the ICO CoP on ANPR use; those last two meaning (as you would argue it) that the entire parking regime at this hospital is illegal/unlawful, due to disproportionate use of ANPR 24/7 and a charging operation that conflicts with Government policy.
That in turn leads to an argument of unfair business practice, breach of the CPUTRs, and misuse of your data as registered keeper. At best, the landowner could have sought damages for trespass, but ParkingEye cannot (and they know from Beavis, that they cannot).
None of which are arguments will ParkingEye be as comfortable dealing with, as the usual 'I didn't see the signs' drivel defences they probably see.
Now they have in house solicitors so will appear to be dealing with everything you say, but they won't want a decision that rocks the boat with ANPR use at a Hospital, so your case would be more difficult for them to pursue than most if you show them your hand at LBCCC stage.
Wait and see if this goes to Equita letters, or a LBCCC. If the latter, reply robustly with our help.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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