Yet another ParkingEye thread - Won !

[AdrianL]

Re: Yet another ParkingEye thread - Notice to keeper received

Hi Mystery.
I have a couple of questions over the appeal template before I send it over...

The Operator also make reference in their appeal refusal of (date) to “seek to recover the monies owed to us” and makes no reference to the Landlord at all.

I can't see this on the letter I received..

I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed the legal standing to allege a breach of contract. I refer the Adjudicator to the recent Appeal Court decision in the case of Vehicle Control Services (VCS) v HMRC (EWCA Civ 186 [2013]): The principal issue in this case was to determine the actual nature of Private Parking Charges.
It was stated that, "If those charges are consideration for a supply of goods or services, they will be subject to VAT. If, on the other hand, they are damages they will not be."
The ruling of the Court stated, "I would hold, therefore, that the monies that VCS collected from motorists by enforcement of parking charges were not consideration moving from the landowner in return for the supply of parking services."

There is a specific part of the rejection from PE about this... see here: http://imgur.com/N67I62o


Are they changing their responses? If so perhaps the template needs updating? I'm still properly reading through the template so I'll add more if I find anything

Edit: There also seems to be a new BPA code of practice, that isn't listed on the template (the template refers to March 2013). Presumably the new Feburary 2014 one won't apply to me anyway as the notice was from January 2014?

[mystery1]

Re: Yet another ParkingEye thread - Notice to keeper received

Delete the first point.

Parking eye talk shite. Ignore them.

It's the BPA cop from the applicable time so updates are irrelevant.

M1

[AdrianL]

Re: Yet another ParkingEye thread - Notice to keeper received

Delete the first point.

Parking eye talk shite. Ignore them.

It's the BPA cop from the applicable time so updates are irrelevant.

M1

OK thanks. Will get it sent tonight.

Adrian

[AdrianL]

Re: Yet another ParkingEye thread - Notice to keeper received

Hi All & M1.
Got a reply form POPLA on Friday and won the appeal by default. ParkingEye didn't submit any evidence! woopee . Thanks again for your help M1. Copy of POPLA's reply below:

The Operator issued parking charge notice number [redacted]
arising out of a presence on private land, of a vehicle with registration
mark [redacted].


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.

Reasons for the Assessor’s Determination


It is the Appellant’s case that the parking charge notice was issued
incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any
evidence to show a breach of the conditions of parking occurred, nor any
evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.


Chris Adamson
Assessor