ParkingEye appeal rejected, now POPLA, Leeds Aire Street

[superchargednut]

Hello,

I received a parking charge notice from Parking Eye for driving into a car park and waiting for 17 minutes, as the pick up/drop off point at Leeds station was incredibly busy and I didn't want to wait there and be in anybody's way.

I appealed the notice using advice I found on this forum and now have a POPLA code as it was rejected by ParkingEye. I'm aware I only have 'one shot' at this next stage of the appeal and would like to get it right.

Which boxes should I tick as part of my POPLA appeal, and what should I write as my appeal?

I have attached the original notice and the appeal rejection letter.

Many thanks,

Marc

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

What was your appeal ? (just checking if they can deduce who was driving because you used "I" "him" "her" etc)

I'd wait 14/15 days, then remind me, so we can hopefully see some early results from popla to refine the appeal to them.

M1

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

My appeal was the following:

Re: Parking Charge Reference number 431795/981894 Vehicle registration: YY10 SOU

I am the registered keeper of the above vehicle and have received the above demand from you.

I dispute owing you any amount and deny all liability in this matter. Please accept this letter as a formal appeal under your appeals process.

The basis of my appeal is:

1. The amount you have claimed is not a genuine pre-estimate of any loss to either Parking Eye or the car park landowner.

2. The signs in your car park fail to comply with your Accredited Trade Association’s Code of Practice.

3. No contract was formed with the driver due to the fact that your signs were was not sufficiently brought to the attention of the driver.

4. ParkingEye is not the landowner and therefore Parking Eye does not have the right to enter into a contract with a driver nor does Parking Eye have the right to bring a claim for trespass.
Please confirm in writing whether you accept my appeal and withdraw your demand. If you reject my appeal, please provide the following particulars:

1) The basis of your charge (i.e. contract breach, trespass or contractual fee).

If you are alleging breach of contract, I require a breakdown of the liquidated damages you claim were suffered, and by whom, and how each particular loss arose.

If you are alleging trespass please enclose evidence of the alleged perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

If you alleging a “contractual fee” I request a VAT invoice from you and ask you to explain the daily rate for parking and service provided for that fee.

2) Please also advise the amount of money you would have received from the driver of my vehicle should the alleged contract have been met to your satisfaction.

3) Please advise the name and address of the landowner.

4) Please provide a POPLA code that allows me to appeal to POPLA.

If ParkingEye rejects my appeal: please do not contact me again with more demands as I deny owing Parking Eye any money and deny that any driver of my vehicle has entered into a contract with you. Any legal action you initiate against me will be defended.

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

:okay:

More effort than i put in for the same result. Like i said, hang fire for now and give me a shout later.

M1

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

Sorry for misunderstanding but when you said 'wait 14/15 days, so we can hopefully see some early results from popla to refine the appeal to them', what exactly did you mean?

The letter says I have 28 days from December 1, so until December 29, but I'm wary of leaving it until too close to Christmas as it will be easy to forget about :P

Thanks for your help!

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

The popla provider was changed recently and it is still unclear how they will handle appeals. There are several that have been lodged and evidence submitted by the operator so results due soon.

Add to that this is after Beavis in the supreme court and it would be better to see how the new rulings at popla reflect the changes.

Should you wish to adapt newpopla.rtf to suit and not wait that's your call. Should still win, IMO.

M1

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

I see, thank you. Will wait a week or two and bump the thread or something then :santa_smiley:

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

Hi M1, has there been any results? :santa_smiley:

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

Only 1, which was a concession (no evidence submitted by the operator).

Strangley quite given many were done.

M1

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

Do you think I should adapt that document to suit my case and proceed, then?

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

Yes.

Keeper liability is explained fuller in this one too donmaggipopla.rtf

M1

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

What parts should I be adapting? Sorry I've not done this before so not sure which parts are relevant.

Thanks

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

I'll do it sometime from tomorrow night and the next 3 days when i'm off work.

M1

[mystery1]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

superchargednutpopla.rtf

M1

[superchargednut]

Re: ParkingEye appeal rejected, now POPLA, Leeds Aire Street

Thank you very much! When starting the appeal there is a few options to choose from for the 'reason for appeal', which is the right one?