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  • FIRST POST
    • RAS83
    • By RAS83 18th Jul 18, 1:05 PM
    • 27Posts
    • 8Thanks
    RAS83
    Charge whilst broken down
    • #1
    • 18th Jul 18, 1:05 PM
    Charge whilst broken down 18th Jul 18 at 1:05 PM
    Hi all,


    Just a quick question. I have been issued with a parking charge overstaying the time period at a small Esso garage/services. My car battery actually died on the forecourt and I had the AA come out and get me going again.


    I've had a search but not found any relevant posts. Has anyone had any experience of appealing on the grounds of being broken down?? Or does that not make any difference to these parking companies?


    Any advice or pointing to previous relevant posts will be appreciated.


    Thanks.
Page 1
    • nosferatu1001
    • By nosferatu1001 18th Jul 18, 1:29 PM
    • 4,158 Posts
    • 5,012 Thanks
    nosferatu1001
    • #2
    • 18th Jul 18, 1:29 PM
    • #2
    • 18th Jul 18, 1:29 PM
    Have you read the newbies thread?
    You need to search frustration of contract. There was no intent to enter a legal contract - the vehicle broke down - and even if a contract was formed, it was frustrated by the breakdown. The result is that you cannot be liable for any contractual charges.
    • pogofish
    • By pogofish 18th Jul 18, 2:32 PM
    • 9,202 Posts
    • 9,601 Thanks
    pogofish
    • #3
    • 18th Jul 18, 2:32 PM
    • #3
    • 18th Jul 18, 2:32 PM
    The Newbies Sticky covers your situation completely and you didn't even need to look for it as you clearly agreed to read it before posting anything here!
    • RAS83
    • By RAS83 19th Jul 18, 9:09 PM
    • 27 Posts
    • 8 Thanks
    RAS83
    • #4
    • 19th Jul 18, 9:09 PM
    • #4
    • 19th Jul 18, 9:09 PM
    Thank you for your responses, i have read through the newbies section but i just find it all very confusing and there is such a vast amount of information.

    I am searching for frustration of contract but again i'm finding it hard to pinpoint a template to send to appeal and find myself going round in circles!!

    I will keep on looking and try to make sense of it all!
    • Quentin
    • By Quentin 19th Jul 18, 9:11 PM
    • 38,012 Posts
    • 22,107 Thanks
    Quentin
    • #5
    • 19th Jul 18, 9:11 PM
    • #5
    • 19th Jul 18, 9:11 PM
    Take more time to digest the FAQ


    It does clearly point out that your individual circs make no difference!


    There is only one appeal in the FAQ - "one size fits all"!!
    • RAS83
    • By RAS83 19th Jul 18, 9:29 PM
    • 27 Posts
    • 8 Thanks
    RAS83
    • #6
    • 19th Jul 18, 9:29 PM
    • #6
    • 19th Jul 18, 9:29 PM
    Oh ok i think i've been looking too specifically.

    So am i correct in saying there is only one template and i should send that to the appeal section for euro car parks which they will then dismiss and issue a POPLA code. I will need to read up more on what happens from then on in.

    I will go ahead and send the template. Thank you for your help
    • waamo
    • By waamo 19th Jul 18, 9:35 PM
    • 4,916 Posts
    • 6,358 Thanks
    waamo
    • #7
    • 19th Jul 18, 9:35 PM
    • #7
    • 19th Jul 18, 9:35 PM
    That's it. At this point use the template unaltered. When you get a POPLA code you can use all the usual points (which you will have read up on in post 3 of the Newbies thread) and add in frustration of contract to personalise your appeal.
    This space for hire.
    • RAS83
    • By RAS83 19th Jul 18, 9:44 PM
    • 27 Posts
    • 8 Thanks
    RAS83
    • #8
    • 19th Jul 18, 9:44 PM
    • #8
    • 19th Jul 18, 9:44 PM
    Ok thank you very much.

    There is a section of evidence details in the appeal, I'm assuming i should not attach any AA receipt i have as that i will state that i was driving?

    I will send the appeal and then read up on the next stage when i receive the next correspondence.

    Thank you for your help
    • Coupon-mad
    • By Coupon-mad 21st Jul 18, 9:54 PM
    • 64,896 Posts
    • 77,472 Thanks
    Coupon-mad
    • #9
    • 21st Jul 18, 9:54 PM
    • #9
    • 21st Jul 18, 9:54 PM
    Use the AA receipt at POPLA stage - along with all the usual template points for POPLA as in the NEWBIES thread post #3, and STILL do not imply who was driving.
    • RAS83
    • By RAS83 1st Aug 18, 8:35 AM
    • 27 Posts
    • 8 Thanks
    RAS83
    Hi all,
    I have received the rejection to my initial appeal by email.
    Seeing as the template states that all correspondence should be sent by post, can i disregard this email?

    Thanks
    • IamEmanresu
    • By IamEmanresu 1st Aug 18, 8:39 AM
    • 3,784 Posts
    • 6,230 Thanks
    IamEmanresu
    Does it have a POPLA code on it?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • RAS83
    • By RAS83 1st Aug 18, 8:43 AM
    • 27 Posts
    • 8 Thanks
    RAS83
    Yes it has a POPLA code
    • Quentin
    • By Quentin 1st Aug 18, 8:52 AM
    • 38,012 Posts
    • 22,107 Thanks
    Quentin
    Don't ignore this!


    See #3 in the FAQ for advice on constructing a popla appeal
    • beamerguy
    • By beamerguy 1st Aug 18, 8:55 AM
    • 9,704 Posts
    • 12,762 Thanks
    beamerguy
    As coupon-mad said earlier

    "Use the AA receipt at POPLA stage - along with all the usual template points for POPLA as in the NEWBIES thread post #3, and STILL do not imply who was driving."
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • The Deep
    • By The Deep 1st Aug 18, 9:17 AM
    • 11,020 Posts
    • 10,986 Thanks
    The Deep
    Were this to get to court it would almost certainly be thrown out. Similarly in a council car park, see MC22 here

    https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.



    .
    You never know how far you can go until you go too far.
    • RAS83
    • By RAS83 7th Aug 18, 6:21 PM
    • 27 Posts
    • 8 Thanks
    RAS83
    Thanks for your help so far guys!

    At the POPLA stage I'm a little confused, there is so much information in post #3 that I'm struggling to establish what template to use.

    I'm just a bit confused if I'm just going on frustration of contract point or whether you include as many points as possible

    Also struggling to find a frustration of contract case to research, does anyone have a link of one for me to read and the best way about using my proof of the AA assisting me

    Another question is what do i select on the POPLA appeal?, I'm guessing 'i was not improperly parked' ?

    Thanks
    • KeithP
    • By KeithP 7th Aug 18, 6:39 PM
    • 11,374 Posts
    • 11,907 Thanks
    KeithP
    Another question is what do i select on the POPLA appeal?, I'm guessing 'i was not improperly parked' ?
    Originally posted by RAS83
    Why are you guessing?
    And why are you choosing an option that gives away the driver's identity?

    Didn't you read this in post #3 of the NEWBIES thread?...
    These then get saved as PDFs and uploaded to POPLA under OTHER (ONLY) -
    Last edited by KeithP; 07-08-2018 at 6:58 PM.
    .
    • waamo
    • By waamo 7th Aug 18, 6:45 PM
    • 4,916 Posts
    • 6,358 Thanks
    waamo
    That's it. At this point use the template unaltered. When you get a POPLA code you can use all the usual points (which you will have read up on in post 3 of the Newbies thread) and add in frustration of contract to personalise your appeal.
    Originally posted by waamo
    There was a massive clue in this post as to whether you should use one appeal point or all the usual points in conjunction with your personal circumstances.
    This space for hire.
    • RAS83
    • By RAS83 7th Aug 18, 6:59 PM
    • 27 Posts
    • 8 Thanks
    RAS83
    Sorry I'm just not finding post #3 very easy to follow. There is so many links that go off on different tangents that I'm not sure what I'm supposed to do and I'm close to giving up to be honest.

    I'm not sure what 'all the usual points' are as they all seem different.

    Am i supposed to use this as a template?

    Sorry I'm really trying to do this myself but this type of thing is not my strong point at all.
    • waamo
    • By waamo 7th Aug 18, 7:44 PM
    • 4,916 Posts
    • 6,358 Thanks
    waamo
    If you are stuck this one is a really good one to use as a template https://forums.moneysavingexpert.com/showthread.php?t=5698328
    This space for hire.
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