How to appeal to POPLA

[EATU]

Re: How to appeal to POPLA

Many thanks for this @ M1. Will send off appeal tonight and cross my fingers ....

I am really very grateful for your help.

[EATU]

Re: How to appeal to POPLA

Hi,

I appealed a ticket from UK Parking Patrol and just received a reply from POPLA that UK Patrol have responded and that I have 7 days to comment. Please can you help me as I dont know what to comment. @M1 I would really appreciate any help you can give me. I have posted UK Patrols response below:



We enforce the parking restrictions at: Private parking area at, Canary Central Development, Cassilis Road, London, E14 9LH. This is a permit holder’s only car park and we have a signed contract with the landowner that enables us to go to the DVLA and request registered keeper details.

The above vehicle was parked in permit holder’s only area with no permit.

Please see the following attachments:

1. Copy of the PCN.
2. Photographs of the vehicle parked with no permit.
3. The appeal and the rejection.
4. Site photographs showing the area is well signed
5. The wording of the warning notices in place.
6. Agreement with Landowner.

The appellant has submitted a template as their appeal. I will endeavour to answer each point raised but would add that as no permit has ever been produced it would appear that the appellant does not possess one.

The charge is not excessive nor can be regarded as a penalty. If you refer to the British Parking Association’s code of practice, you will discover that the sum in question is within what this body deems reasonable. I also draw your attention to the landmark decision made by the Supreme Court in ParkingEye vs Beavis [2015]. The Supreme Court ruled that the charge appealed did not contravene the penalty rule or the Unfair Terms in Consumer Contracts Regulations 1999 and was therefore enforceable. The charge in that case was ruled not to be a penalty as both ParkingEye and the landowners had a legitimate interest in charging motorists who contravene parking restrictions, which extended beyond the recovery of any loss. The interest of the landowners was the provision and efficient management of parking. The interest of ParkingEye was in income from the charge, which met the running costs of a legitimate scheme plus a profit margin. Further, the charge was neither extravagant nor unconscionable, having regard to the practices around the United Kingdom and taking into account the use of the particular car park and the clear wording of the signs.
Please see this link for a summary of the Judgment:
www.debtrecoveryplus.co.uk/debtor/

The attached site photographs refute the appellant’s claim that there is insufficient signage. The site is well signed from entry, see attachment 4.

Attachment 6 shows that we are in possession of a signed agreement which entitles us to enforce the parking restrictions in place. The BPA have issued the following statement: “The contract incorporates the elements that we require in our Code of Practice. It can be clearly seen the contract has been signed to the effect that UK Parking Patrol have the authority to take legal action against the driver or the keeper”.

As ANPR is not used at the site I will not be addressing point 5.

In summation we believe that by choosing to park on the land and not adhering to the warning notices the driver entered into a contract with the landowner to pay a charge and we believe the notice was correctly issued/incurred.

Kind regards




S Froggatt
UK Parking Patrol

[mystery1]

Re: How to appeal to POPLA

Can you post number 6 please ?

M1

[EATU]

Re: How to appeal to POPLA

@M1,

Thanks for your prompt reply. There were no attachments in the mail so I have just requested that UK Parking Patrol should send them to me. I will forward attachment 6 as soon as I receive it.

[EATU]

Re: How to appeal to POPLA

@M1

See uploaded agreement and documents from UK Parking Patrol. Let me know if you cant open the files and I will copy and paste the agreement though its a PDF file....

[mystery1]

Re: How to appeal to POPLA

So on the agreement under "restrictions and conditions of use (if any)" there is nothing there ?

M1

[EATU]

Re: How to appeal to POPLA

@M1

It is blank, there is nothing there. Thanks

[mystery1]

Re: How to appeal to POPLA

I would like to reply to the operators evidence as follows :-

The letter of authority, which in itself is not evidence of a contract, has no listed restrictions and as such the operators own evidence negates the charges on the PCN.

M!

[EATU]

Re: How to appeal to POPLA

Thank you very much @M1. Have a merry Christmas and a wonderful New Year.