A few LB Private Parking Company victories

[mystery1]

For England and Wales you should appeal to the operator and then, if needed, appeal to popla along these lines.

Does it work ?

http://www.legalbeagles.info/forums/...128#post375128

Hi

I have heard from POPLA they have told parking eye to drop the parking charge!!!
Yeay thanks for the help

http://www.legalbeagles.info/forums/...orcement/page2

Well the first one was a postive result!
Got an email from Popla saying CEL have cancelled the first ticket with no explanation given
Lets see how the second two pan out now

http://www.legalbeagles.info/forums/...488#post378488

I just won a cancellation of a "parking charge" notice without even going anywhere near PoPla. The Parking notice arrived 3 days out of time! And I started my letter by stating I had no idea who the driver was therefore they must have sent me a notice under PoF Act 2012 Schedule 4 Section 9(1).


This then kicks in Schedule 4, Section 9 (5)! Check you have received your notice in time!!!!!! Mine was dated a Friday, and sent by second class post. For my charge to have been "valid" it would have to have been received by the day after (as that would have been the expiry of the 14 days). Section 9(6) clearly states that the notice is deemed to be received the second working day after it was posted - so Tuesday! three days later than would have been valid I pointed this out and had a letter this week saying charge cancelled due to my representations!

http://www.legalbeagles.info/forums/...222#post396222

I appealed and they made it unsuccessful, then I appealed to POPLA and I won and saved £100.

I won on the basis that their losses did not justify their charge of the £100......fight fight fight but your reasons have to be right.....read the POPLA site thoroughly. POPLA are great. A light of reason in the darkened and greedy world of parking.... Gud luck. :-).

A proud fighter...

http://www.legalbeagles.info/forums/...459#post402459

Thanks M1, Bluebottle, Ostell and everyone else here! I have had notice that the charge has been cancelled.

Had I listened to the daft bat at The Range I spoke to first time I would have probably been getting ready to submit a POPLA appeal right about now. But luckily I had you guys to steer me right and managed to speak with a really helpful guy in The Range.

I have spent about 15 hours researching the law, rules and examples of parking charges such as this and I can safely say I understand a lot better about where I stand now.

I also now know I need to look 8 foot up lamp posts for parking information that is hidden out of plain sight!

Thanks again for all your assistance - it has been an eye opener.

Divide By Zero

http://www.legalbeagles.info/forums/...629#post416629

I would like to say a big thank you to legal beagle and the people who helped me to appeal the 3 parking eye notices I received I have now won all 3 thanks to the help of this site took a while to do them but they have been well and truly shafted thanks again. popla is the place to go with the appeal letter template off this site, thanks again if you would care to name a charity I will gladly make a donation thanks

http://www.legalbeagles.info/forums/...928#post419928

Hi there guys. I just wanted to say a big thank you for all your advice. I've had BOTH appeals accepted

http://www.legalbeagles.info/forums/...087#post382087

After sending a copy of the parking ticket showing we were right to the debt agency we received a letter today from CEL saying the parking notice has now been cancelled,nothing else no appology or anything just one line lol, Thank you everyone for your help along the way with this problem.

http://www.legalbeagles.info/forums/...091#post385091

Another bitter ender here - They withdraw at the steps of the court... I actually pleaded with the court to hold the hearing anyway, unfortunately they declined. If anyone would like to fund a counter-claim I'm happy to do it for the sake of the population.

First I petitioned to have the case moved to my local court which is extremely easy as I'm a person against a company, which probably shit them up quite a bit. I then agreed to mediation and basically told them I was going to counter claim, and the only settlement option was for them to withdraw immediately. Basically fighting fire with fire. They declined. I then heard nothing for a very long time, until they withdraw on the 5th of november with the hearing scheduled for the 13th.

This is just bully tactics through and through.

Here is the defence I filed verbatim - I hope it helps someone in a similar position find the confidence to fight these bullying a-holes. The case reference is there if you want to do any digging. Also if Civil Enforcement Ltd are reading this, I'm happy to go another round if you'd like. I think it's also worth mentioning in a worst case scenario the judge might order you to pay the £30 fine, but not the uplifted fines, because you never agreed to the uplifted fines when you parked where you parked.

My Defence:
http://vsamios.co.uk/Defence.pdf

http://www.legalbeagles.info/forums/...633#post398633

MANY THANKS to M1. I used the above letter, in December, as drafted and today received a 'Confirmation of Cancellation' from CEL.

RESULT!

I am most grateful.

http://www.legalbeagles.info/forums/...926#post402926

Hello again all
Just to keep you all updated I received a reply from POPLA today and my appeal was a success
The appeal letter provided by M1 worked a treat and the appeal was won based on pre-estimate of loss (as predicted by M1 in a previous post)
M1 was right about another thing - CELs response letter to my appeal, was indeed, and I quote `full of wind and piss'
Massive thanks to M1 for all of your help, support and reassurance - very much appreciated

http://www.legalbeagles.info/forums/...672#post414672

Good news - the appeal is won.

Predictably on not being a genuine pre-estimate of loss.

I dread to think how much money these companies make.

Thanks for all your help!!!

http://www.legalbeagles.info/forums/...106#post417106

THANK YOU! THANK YOU! THANK YOU! M1 your are my hero. Today I received an email from POPLA and they have up upheld my appeal to CEL.

http://www.legalbeagles.info/forums/...586#post420586

OK heard back today on the outcome of my POPLA appeal - huge thanks to all the support I have received on here - expecially to mystery1

The appellant has made a number of submissions, however, I will only elaborate on the one submission that I am allowing this appeal on, namely that the parking charge amount is not a genuine pre-estimate of loss.

In the operator’s case summary it is firstly submitted that the parking charge notice represents a contractual obligation not a genuine pre-estimate of loss. The operator has then submitted in the alternative that if the sum does, in any case, represent a genuine pre-estimate of loss, the operator’s list of costs be taken to represent this. However, the charge must either be one for damages as submitted by the appellant, or consideration - the price paid for parking - as first submitted by the operator. I find that if the operator has firstly submitted that the parking charge reflects consideration, the operator cannot then submit that the charge is a genuine pre-estimate of loss.

Accordingly, the appeal is allowed.

The Operator should now cancel the parking charge notice forthwith.

http://www.legalbeagles.info/forums/...428#post414428

Hello guys!
Good news, I today got a letter from POPLA saying my appeal was successfull, here's what they say:
"The Appellant appealed against liability for the parking charge. The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith."
YAY!!!! Take that Parking EYE!

Of course I couldn't have done it without the excellent help of the fantastic guys on this forum.
Many thanks guys!

http://www.legalbeagles.info/forums/...410#post407410

Latest update

1. Got letter confirming cancellation.

2, 3 & 4. Heard nothing further.

5. Well that got appealed along with the others and have had PE 5 page blurb on how great they are at winning cases but no Popla code, giving 14 days to provide further evidence. Does the company (who are the RK) name the driver (who was sacked some months ago) or should they go to Popla themselves?

The staff are sub-contractors/self employed/CIS so no contracts involved and they're on good wages so no danger of falling below the minimum wage.

http://www.legalbeagles.info/forums/...884#post409884

Update

VCS - acknowledged appeal and will respond within 35 days.

PE - got this cancelled
(if anyone has PCN for Crown Wharf Shopping Centre Walsall, email Nick Beckett, Regional Centre Manager,
Southern Region n.beckett@savills.com, he cancelled as a goodwill gesture as he does not want to penalise
genuine customers.)

UKCPS - appeal rejected and POPLA code supplied.
(driver was carrying out repairs at a pub and parked in what he thought was their car park at rear. After
getting PCN he rang pub and was told it was a private car park for permit holders only. Pub manager has a
permit, along with other traders and tenants of flats above shops. He said there is a sign but its up on a wall,
UKCPS issue the permits. I could not find out who owns the land. Their grounds for £100 charge is parking
without a valid permit or authority.)

I need to put together a good POPLA appeal, I realise mitigating circumstances don't stand a chance, so GPEOL, no contract, poor signage etc. I entered POPLA code onto Parking Cowboys site, it said code generated 27/1/14 2 days before the rejection letter of 29/1/14 not giving a full 28 days to appeal, appeal deadline 24/2/14. Your advise would be appreciated.

Keep them rolling in

M1

[Amethyst]

Re: A few LB Private Parking Company victories

Excellent work M1 Keep up the good fight xx

[coffeekid]

Re: A few LB Private Parking Company victories

M1, as promised i am adding my little victory to this thread, won against ParkingEye. As suggested I appealed against their PCN but also wrote to the neighbouring hotel which owns the land where the car park is. Between the 2 of them, I have had my PCN cancelled.

Thanks for your help.

[Amethyst]

Re: A few LB Private Parking Company victories

You must have a few more to add to this now M1 xx

[mystery1]

Re: A few LB Private Parking Company victories

You must have a few more to add to this now M1 xx

Having the time and inclination to do it is the hard part. I have 2 people who i had stuff to do for but they haven't replied to my last posts to them. I'm working for 3 days now so they'll probably reply later tonight.

Yes there are loads of wins. Feel free to add them or have that apprentice wifey Kati do it

M1

[Amethyst]

Re: A few LB Private Parking Company victories

I know the feeling xxx

pmsl :tinysmile_aha_t: :tinysmile_kiss_t4: @

apprentice wifey Kati