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POPLA Appeal win against Parking Eye Newquay
Qwerty76
post Tue, 4 Feb 2014 - 20:42
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Just to say a bit thank you to this forum and everyone who replied and helped me with my appeal letter to POPLA - I'm pleased to say I won! Yay. Couldn't believe the pile of papers that parking eye had produced in order to defend their fine against me for making a genuine mistake and staying in their Newquay car park for less than 15 minutes. I would like to be able to include the copy of the appeal result but cannot currently convert pdf documents so am struggling to find a way to extract the text (ie not including my personal details). Anyway if I find a way or if someone can point me to an easy way then I'll be more than happy to include the result. Many many thanks again!! biggrin.gif
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post Tue, 4 Feb 2014 - 20:42
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kirkbyinfurnessl...
post Tue, 4 Feb 2014 - 20:43
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Oh fantastic smile.gif


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www.parkingticketappeals.org.uk
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Qwerty76
post Tue, 4 Feb 2014 - 21:35
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I've tried to upload a new pdf file cleaned up from a conversion without luck so appeal judgement letter contents were as follows (I hope it serves as some help to others):



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

At 12:00, on September 6 2013, a CCCTV automatic number plate recognition (ANPR) system recorded the Appellant’s vehicle entering the Tower Road Newquay car park.

The Operator ’s case is that the Appellant’s car parking breached the conditions by either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted.

The Appellant made representations stating her case. The Appellant raised a number of points and one of the points was that there was no breach of contract and no genuine pre-estimate of loss. The Appellant states that the Operator must provide a detailed financial appraisal which evidences the genuine pre-estimate o f loss or damages in this particular car park for this particular contravention.

The Appellant has submitted that the parking charge does not reflect the loss caused by the alleged breach. Clearly, it is the Appellant’s case that the parking charge is not compensatory in nature.

The signage produced states that a parking charge notice would be issued for “failure to comply”. This wording seems to indicate that the charge represents damages for a breach of the parking contract. Accordingly, the charge must be a genuine pre-estimate of loss.

The Operator submits that the charge is in fact a genuine pre-estimate of loss, and further submits that the charge is justified commercially and so need not in any case be a genuine pre-estimate of loss.

Firstly, I find that the charge is not justified commercially and so must be shown to be a genuine pre-estimate of loss in order to be enforceable against the Appellant. It seems that the courts have accepted a third category of liquidated damages, a sum which is commercially justified – in cases where the sum is neither a penalty nor is it strictly a genuine pre-estimate of loss – where the Operator has substantiated the loss incurred, or the loss that might reasonably be incurred, by the breach. However, I do not accept the Operator’s submission that the inclusion of costs which in reality amount to the general business costs incurred for the provision of their car park management services is commercially justified. The whole business model of an Operator in respect of a particular car park operation cannot of itself amount to commercial justification.

The Operator has produced a statement which it submits justifies the charge as a pre-estimate of loss; however, I am not minded to accept this justification.

The Operator must show that the charge sought is a genuine estimate of the potential loss caused by the parking breach. The Operator has produced a list of costs; however, a substantial proportion of these appear to be general operational costs, and not losses consequential to the Appellant’s breach.

The aim of damages for breach of contract is to put the parties in the position they would have been in had the contract been performed. Accordingly, the Operator cannot include in its pre-estimate of loss costs which are not in fact contractual losses, but the costs of running its business and which would have been incurred irrespective of the Appellant’s conduct.

Consequently I must find that the Operator has failed to produce sufficient evidence to demonstrate that the parking charge is a genuine pre-estimate of loss.

I need not decide any other issues.

Accordingly, the appeal is allowed.
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DBC
post Tue, 4 Feb 2014 - 22:35
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Posted up on the MSE "POPLA Results" Thread
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