Parking Eye defence help. **Won at POPLA**

[jbund]

Hi there. Well as of September this year, I was hit with a parking charge after over staying by 13 minutes in Fistral Beach car park in Cornwall. Little did I know, there is apparently a 20 minute allowance to make up your mind whether you wish to park or not and due to an extended phone call at the time I unfortunately overstayed this time by 13 minutes. Parking Eye demanded £100 for the charge which I have refused to pay and appealed against. They sent me the POPLA information and using information from this site, mentioned that this is an unfair amount to be charging me in reflection of the actual revenue lost.

 

POPLA have now let me know that PE will be sending POPLA and myself their evidence before the 7th of January.

 

Basically what I'm asking today is, do I have a fighting chance at this or will I be put over the barrel and made to pay and more?

[renegadeimp]

You have a 99.99% chance of winning. Sit tight and the regulars will be around to help you out.

[kirkbyinfurnesslad]

Could you give more details of your appeal please

 

If there isnt enough about GPEOL then your appeal could fail and you can add more now if needed.

 

So please post up your appeal in full, mitigation will fail out right

[jbund]

I cant recall exactly what I wrote but I stated that it was an indemonstrable amount that they were charging from me, parking eye doesn't actually own the land, I wasn't robbing them of any spaces as the car park wasn't even half full and I didn't even park up and I mentioned about the Bill Of Rights that they can't actually fine me anything until it goes to trial.

 

Worst comes to worst and I lose then so be it but I wasn't about to hand over 100 quid to company like PE without making it as difficult as possible for them.

[kirkbyinfurnesslad]

There is no need to loose. Add to your current appeal.

 

You need to state that the amount is not a henuine pre estimate of loss and that you require parking eye to give a complete breakdown of the loss flowing from the breach.

 

Bill of rights and spaces are irrelevent

[jbund]

So I would send this information to POPLA?

[kirkbyinfurnesslad]

Yes you can load it up using the additional evidence option. Include your popla code and say you wish to add to your original appeal. You can email it to

[jbund]

Thanks very much. I will put this information into them now!

[kirkbyinfurnesslad]

Good, you should get confirmation it has been received

[jbund]

All done and an email straight away verifying it has been received. If from day one they had simply asked me to cough up the cost of the minimum ticket to cover the losses I would of been completely fine with that but how they can expect to charge astronomical fees such as that for a £1 if that ticket is beyond me. Thanks for the help though and I'm sure I'll be posting with updates following their reply.

[renegadeimp]

Just be glad clamping is illegal now.

[dpick]

Just don't expect POPLA to be quick with this, it took them over 6 months to decide to allow my appeal due to the PPC not even bothering to send any evidence to POPLA at all.

 

dpick

[smokiejoe]

I'd like to thank everyone for help and advice offered to my son on this matter. He accepted he should have made sure he got a ticket but due to circumstances at the time, didn't (I won't re-hash all the details again). If this had led to a request for a reasonable admin charge (£10) and cost of a ticket to cover the time he was actually there, this could have been dealt with amicably and reasonably at a very early stage. Instead, the parking companies are determined to try and take as much as possible from people, through what I can only describe as intimidation and fear.

 

In any case, fortunately for my son I was aware of this site and pointed him here. He followed the advice on appealing and going to POPLA, and has received a decision from POPLA this week. The charge of £100 Private Eye were demanding has been dismissed on the grounds of not being a genuine pre-estimate of loss, despite all the paperwork submitted by Parking Eye (as mentioned in other threads, they included staff costs, equipment costs etc.)

 

He has been unable to post all the paperwork relating to the case, but it did include a lot of information many on here may be interested in, as they continually mentioned how they had defeated claimants in court who used advice from online forums. They have included case numbers too, so as soon as I can get it copied and remove his personal details, I'll post on his behalf.

 

Yet again, many thanks! And I'm sure he will be happy to make a donation to the group from the money he's saved!

[smokiejoe]

[ATTACH]48581[/ATTACH]

Hi, these are some of the docs sent to my son. 42 pages of information and "evidence" that Parking Eye sent to POPLA. I removed the images of signs, and some of the spelling and phrases may seem wrong, but it was a conversion of pdf files.

 

The information about other court cases that deal with pre-estimate of loss and ParkingEye are on about 3rd page in.

 

Thanks again.

 

PS I'll post a copy of the POPLA decision letter when I can make a copy.

Edited January 11, 2014 by smokiejoe
Update

[ericsbrother]

They always send that out, even when they have been told to discontinue their attempt to get money by the store. It is all bull as none of it was at a higher court so it doesnt set a precedent. Most of it is their brief's opinion anyway and who would hire a barrister who didnt agree with you.

[smokiejoe]

[ATTACH]49118[/ATTACH]

 

The POPLAS decision. Hope it is of use.

Edited February 8, 2014 by smokiejoe

[f16]

Result Well done you and the CAGGERS. That just proves the basis for every POPLA appeal.

Plus every appeal cost the parking co.

[ericsbrother]

No genuine pre-estimate of costs. The claim by PE was for what are known as "establishment costs" and anyone who has done GCSE business studies will know that.

So, another challenge successful, well done for sticking with it. Now you know how little strength there is in parking company claims and without their clamps it is a wonder anyone bothers to pay.

This is not to condone inconsiderate misuse of someone else's lnad or facilities supplied to their customers, just that it must become apparent to these big store chains that employing these bandits isnt going to solve their problems and antagonises their customers. My wife will never go back to Aldi because of the demand from PE, despite the demand being cancelled and Aldi having a contract for free parking forced upon them under unlateral contract law.