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CoffeeAndCake

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  1. Can anyone give this a quick once over to check it's alright to use as my POPLA appeal? As the registered keeper of the above vehicle, I wish to appeal the parking charge notice issued against it. I would like to have the parking charge notice cancelled based on the following grounds: ParkingEye has failed to identify the land in question and it has not provided any evidence that it is lawfully entitled to demand money from the driver or keeper. Parking Eye must provide the POPLA Adjudicator with documentary evidence in the form of a copy of the actual site agreement/contract with the landowner/occupier. Specifically, to comply with the Code of Practice , the contract needs to specifically grant Parking Eye the right to pursue parking charges in the courts in their own name, as creditor. Please note that a 'Witness Statement' to the effect that a contract is in place between Parking Eye and the landowner will be insufficient to provide all the required information, and will therefore be unsatisfactory. ParkingEye have also failed to establish a right to claim unpaid parking charges as set out in the Protection of Freedoms Act 2012. They have have not met the requirements set out in paragraph 7 (2) of the Act and as such cannot meet the requirements set out in paragraph 4 of the Act. With all this in mind, I request that my appeal is upheld and for POPLA to inform ParkingEye to cancel the PCN. Yours faithfully,
  2. You didn't advise me to complain to the owners until after I'd already submitted the appeal to PE, which was the advice in the thread up to that point. As mentioned above, I've done some searches, both on the council planning site and elsewhere. I've found the owners of the only venue that the car park is next to, I think they may own the car park but I can't confirm it. My appeal to ParkingEye literally just said "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." @yourturntopay yes your thread was the one I was referring to as the details are almost exactly the same - I parked there in the evening using a BB, the place was packed (we were seeing a show at Winter Gardens) and never saw any signs suggesting I should pay. Thanks for your help.
  3. Hey guys! Thank you for all the advice so far. I sent a basic appeal to ParkingEye (I am the registered keeper, I deny owing you anything) and shockingly, it was rejected. I now have my very own POPLA code. So what's the best way to go about the POPLA appeal? I did a search on the Thanet Council website and couldn't find anything about planning permission (I mentioned this earlier in the thread) and after further searches I'm not entirely sure who owns the car park in question. As I mentioned, the car park isn't local to me but there's a link posted earlier to another thread where someone else had issues in this car park, which includes photos. Thank you again for all of your help so far.
  4. Is this okay to use to send to Parkingeye? Dear Sir/Madam, Re: Parking Charge Reference number xxxxxxx Vehicle registration: xxxxxxxx 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 recieved 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. Yours sincerely,
  5. Hi, yes that's the same site. I scanned in everything I was sent, I had to google to find out the proper address in order to search for planning information.
  6. Hi again! I've checked Thanet Council's website and I can't find any planning applications regarding the car park. I found a copy of the Thanet District Council Off-Street Parking Places Order 2003 but it was amended in 2011 and I can't find a copy of the amendment.
  7. Hey guys. So I got my first ever PCN today, through the post. 1 Date of the infringement 24/06/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28/06/2018 3 Date received 30/06/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?] post up your appeal] No Have you had a response? [Y/N?] post it up 7 Who is the parking company?ParkingEye 8. Where exactly [carpark name and town] Lido (1) in Margate, Kent For either option, does it say which appeals body they operate under. It says BPA on the letter. It was just getting dark when I entered the car park, and it was packed (we were there to see a show). I honestly didn't see any place to pay for parking, nor did I see any signs that I needed to pay. I had a blue badge which was displayed clearly and the correct time was set. Not entirely sure what to do with this! Any advice about how to proceed would be appreciated. The car park is not local to me, but I'm not the only one that's had trouble here I've found a link to this post which shows pictures of the car park if that helps: https://www.consumeractiongroup.co.uk/forum/showthread.php?476286-Parking-Eye-claimform-ANPR-PCN-Lido-car-park-Cliftonville-Kent-BB-on-Display&p=5074782&viewfull=1#post5074782 I've also attached a copy of the letter I received (front and back). Many thanks in advance
  8. Just to update: I spoke to them this morning. I told the guy who answered that I couldn't attend due to a doctor's appointment - this was not questioned further and I had no need to rely on lack of notice. He told me when the next appointment would be for my "group", which is when I questioned why I was being mandated to be part of an appointment for jobseeking. He told me that they could mandate me to attend as part of the Work Programme. I told him that he couldn't mandate me to look for work because I'm on ESA and not JSA. That confused him, and he had to go get a manager to clarify. When he returned, he said that I can be mandated to do job related activity, and that it was just a "standard wording" on the letter. I pointed out that the letter said that I had to look for work, and that proof had to be shown to my "job coach". Then, and only then, did he concede that the appointment must have been an "error". So I now have a new appointment for a one-to-one with them to catch up on how I'm doing. I got his name and have followed up with a letter. I also got him to put in writing that my appointment had been changed and I'm expecting that letter in the next few days. Although it was terrifying to actually speak to them, (because they're the big bad scary people who could take away my benefit) I actually came off the phone really angry at them. This was clearly the first time that someone on ESA had challenged that guy on what they are allowed to mandate people to do. He really had no idea that he can't make me look for work. I'd imagine that there are quite a few people on ESA that aren't fit for work and yet are frantically searching for jobs because of these bullies. Thank you to everyone who replied to this thread, for helping me to stand up for myself (though I shouldn't have had to in the first place!)
  9. Thank you unclebulgaria. I have begun making plans to start a DMP with Stepchange. I'm delaying it by a couple of months so that I can build up an emergency fund using the payments that I would have been making. I'm not going to lie, the idea of making that phone call is very daunting but I have to do it if I want to get rid of this debt. I WILL make that phone call. I really appreciate your advice. I promise I'm taking it all on board.
  10. That's a great idea reallymadwoman. Hopefully that will stop me stammering and spluttering when I'm on the phone tomorrow!
  11. I've checked through my accounts, and I've only ever missed payments with Very, who charged £12 each time. The only other charges I've had are from Halifax for the overdraft at £1 a day, and that's gone on as long as they've been charging that - I do have all of my Halifax statements. All I've heard back from my creditors so far is a "thank you for your payment" letter from Wonga and a text from Very. Is there anything I should be doing?
  12. Mr P, Thank you so much for your reply. You have no idea how relieved I am that I now have a basis to challenge them. I will update again tomorrow after I phone them and I will have the guidelines ready to use. Thank you again.
  13. Sorry for the late reply. I can make at least part of the appointment, the letter says that it will last for 1.5 hours. That's way too long for me, I can last for 40 mins max before needing a rest on my ergonomic computer chair on a very good day - somehow I doubt their chairs will be as comfortable. I'm sick of the last minute appointments they keep sending me. This clashes with a doctors appointment for my autistic son that I was hoping to attend. I'm going to try and work up the strength to phone them tomorrow morning. I'm frightened to challenge them because when I last had an interview with the Job Centre, the woman told me I had to do whatever Avanta tell me to do or I'll get sanctioned. All they do is cause me more anxiety.
  14. Arrgghhh! I've just read the letter again - the appointment is Monday! I can't send a letter, they won't get it in time!
  15. Thank you very much for your help
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