PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

POPLA, Is there any point in making an appeal to POPLA
Bagigi
post Wed, 13 Jun 2018 - 21:36
Post #1


New Member


Group: Members
Posts: 3
Joined: 12 Jun 2018
Member No.: 98,414



After a visit to my local cinema I was issued with a parking invoice from Parking Eye for parking on a private car park belonging to CQUITO's restaurant. I replied through their appeals department with photographic evidence as follows:

Since the Cinema and restaurant (now CHQUITO’s) were built, parking in this area has, until very recently it would appear, been free. Any unsuspecting cinema patron can easily miss the signage. If the signage is not seen, there is no acceptance of entering into a contract or acceptance of the legitimacy of the invoice.

Signage Observations.

• The signage is ambiguous, very high with small print, not suitably lit and obscured by bushes and trees.
The signage is ambiguous right from the outset. The lower entrance sign is leaning forward, obscured by a bush and implies parking bays to the left are for CINEMA parking (which is free), and bays to the right are for CHQUITO parking.
The sign at the car park's entrance is inadequate as a driver needs to concentrate on avoiding pedestrians and safely manoeuvring between the kerb and centre reservation, not reading parking signs.
All Parking Eye signage is very high with small print and has no night-time lighting (sunset on the date in question occurred at 20:50, see arrival/departure times on your correspondence).

• The signage isn't clear.
Parking restrictions aren't clearly signed and visible from every parking spot, therefore there's no contract between the vehicle driver and the car park owner. Signs need to be visible from all over the car park to be sufficient.

• Consumer Rights and Protection Issues
The ‘PAY BY PHONE ONLY’ instruction does not allow for a payment choice, and infringes one’s right NOT to give away personal data and NOT to enter into a contract with additional agreements and costs.
Ref. CONSUMER POLICY GUIDANCE ON MOBILE AND ONLINE PAYMENTS DSTI/CP(2011)24/FINAL

• The invoice charge is disproportionate and not commercially justifiable
The invoice amount is not based upon any commercially justifiable loss to your company or the landowner.
According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.

My appeal however has been rejected by PE without addressing any of my points and they inform me that I can only make a further appeal to POPLA (Ref. number supplied) as they do not choose to participate with going through the Ombudsman Service.
Is there any point in proceeding with a POPLA appeal as it appears that they may not be totally unbiased due to them being funded by the BPA with whom PE say they are an approved operator.
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Wed, 13 Jun 2018 - 21:36
Post #


Advertise here!









Go to the top of the page
 
Quote Post
nosferatu1001
post Wed, 13 Jun 2018 - 21:39
Post #2


Member


Group: Members
Posts: 18,037
Joined: 27 Nov 2007
Member No.: 15,642



Yes, of course we suggest appealing to popla

Did the appeal give away the drivers ID? simple yes or no needed.
Did the ticket arrive within 14 days? Yes or no
Go to the top of the page
 
+Quote Post
Redivi
post Wed, 13 Jun 2018 - 22:05
Post #3


Member


Group: Members
Posts: 1,933
Joined: 31 Jan 2018
Member No.: 96,238



The invoice charge is disproportionate and not commercially justifiable
The invoice amount is not based upon any commercially justifiable loss to your company or the landowner.
According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.


Do not use these points

They give the POPLA assessor an excuse to tick the ParkingEye v Beavis box and refuse the appeal without looking at anything else
Go to the top of the page
 
+Quote Post
GIBZY
post Thu, 14 Jun 2018 - 08:05
Post #4


Member


Group: Members
Posts: 187
Joined: 4 Feb 2010
Member No.: 35,381



It's not a lost cause by any means. A while ago I contested a private parking charge and UKPC (?) refused it so I paid but then contested via POPLA after finding this forum. It must have been upheld as UKPC then paid me back!!
Go for it with the advice above if I were you.
Nothing to loose IMHO

This post has been edited by GIBZY: Thu, 14 Jun 2018 - 08:06
Go to the top of the page
 
+Quote Post
nosferatu1001
post Thu, 14 Jun 2018 - 08:57
Post #5


Member


Group: Members
Posts: 18,037
Joined: 27 Nov 2007
Member No.: 15,642



POPLA dont hear appeals where the charge was paid.
Go to the top of the page
 
+Quote Post
GIBZY
post Thu, 14 Jun 2018 - 18:28
Post #6


Member


Group: Members
Posts: 187
Joined: 4 Feb 2010
Member No.: 35,381



I admit it was a while ago and I should dig the correspondence out but I definitely remember crumbling and sending off money only to get refunded. POPLA or not it's worth appealing when there's nothing to loose right?
Go to the top of the page
 
+Quote Post
Bagigi
post Fri, 15 Jun 2018 - 13:48
Post #7


New Member


Group: Members
Posts: 3
Joined: 12 Jun 2018
Member No.: 98,414



Thank you all for your comments.
Nosferatu1001 - No, Yes and no charge payed.
Right, no mention of the disproportionate charge, but is everything else worth submitting to POPLA?

Also are any of these worth raising:
• Establishing that the parking company has sufficient interest in the land to bring a claim (ref. case of VCS v. HM Revenue & Customs, Upper Tax Tribunal) in which it was decided that unless the PPC has a proprietary interest in the land they are not able to offer contracts for parking
• Use of Waltham Forest v Vine [CCRTF 98/1290/B2 regarding the prominence and adequacy of any warning signage, and that the driver actually saw and understood the signage.

I am unable to upload my power point document with photographic evidence, can someone help me with this, if anyone wishes to see it that is?
Go to the top of the page
 
+Quote Post
nosferatu1001
post Fri, 15 Jun 2018 - 14:06
Post #8


Member


Group: Members
Posts: 18,037
Joined: 27 Nov 2007
Member No.: 15,642



You challenge them to prove they have standing to offer parking contracts in their own name, and to pursue to court
You always challenge on signage

If its just photos why not add thm to tinypics and post images here?
Go to the top of the page
 
+Quote Post
Bagigi
post Tue, 19 Jun 2018 - 14:30
Post #9


New Member


Group: Members
Posts: 3
Joined: 12 Jun 2018
Member No.: 98,414



Pictures attached
Attached Image
Attached Image


Attached thumbnail(s)
Attached Image
Attached Image

Attached Image
 
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 18th October 2018 - 06:08
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.