J.A.S. Parking Solutions*SORTED*

[Spadge12]

Hi I parked in the Blockbuster car park last week in Halifax. The store has closed down so I didn't see any issue with it as I wouldn't be stopping any customers parking there. I returned to find a parking ticket for £94 attached to my windscreen. I've followed all the advice on here and appealed to JAS Parking and am intending to appeal to POPLA now. Not surprisingly they have rejected my appeal but they've quoted a couple of cases in the reply where they think they have grounds to enforce it. I've attached their reply as a word doc. Do I have anything to worry about or are they just scaremongering to try to get me to pay? Any advice much appreciated!

Edited January 3, 2014 by Spadge12

[silverfox1961]

Hi and welcome to CAG

 

Scaremongering is the correct term.

 

That email should be kept safe. They have admitted that the PCN charge is made up of costs that are incurred whether or not a contravention occurred.

 

As they are instructed by the landowner, I don't believe they can take action in their own right but Blockbuster would have to.

 

I can't say I have heard of any cases taken to court by Blockbuster.

[silverfox1961]

Just found this on their website

 

Please note we will defend ourselves vigourously and consider recoverying costs against any County Court action that may be issued against us.

 

Spelling and grammar are sorely lacking there but more importantly, are they worried that people will chase them for their time in responding to this NON-PCN?

 

And

 

Refunds of any payments received will only be provided if an appeal is approved by our appeals manager.

 

Yeah! That's likely to happen isn't it!

[DBC]

That nonsense about costs and losses seems to be a copy and paste job from paperwork sent out by Parking Eye. PE have lost going on for 100 POPLA adjudications when using the same argument.

[silverfox1961]

Oh yes, make sure you appeal to POPLA as this will cost JAS, not you.

[armadillo71]

Hi I parked in the Blockbuster car park last week in Halifax. The store has closed down so I didn't see any issue with it as I wouldn't be stopping any customers parking there. I returned to find a parking ticket for £94 attached to my windscreen. I've followed all the advice on here and appealed to JAS Parking and am intending to appeal to POPLA now. Not surprisingly they have rejected my appeal but they've quoted a couple of cases in the reply where they think they have grounds to enforce it. I've attached their reply as a word doc. Do I have anything to worry about or are they just scaremongering to try to get me to pay? Any advice much appreciated!

 

You should have waited for the Notice To Keeper though the post first,before appealing. Make them do the work.

Also you might want to edit the POPLA code out of the attached file.....

[Surfer01]

Perhaps asking them for a copy of the contract between them and Blockbuster or the LL that allows them to issue parking invoices to motorists may help.

[ims21]

Spadge

 

I have unapproved the attachment in post #1 as there are personal details showing. Please cleanse and re-post.

 

Thanks.

[esmerobbo]

How do Blockbuster wish them to carry on? Blockbusters are in administration all business would be done by the administrators. I wonder if the administrators are aware that JAS are using these business premises to generate revenue. Surely any revenue should go to the creditors!

 

http://www.moorfieldscr.com/

[Spadge12]

Spadge

 

I have unapproved the attachment in post #1 as there are personal details showing. Please cleanse and re-post.

 

Thanks.

 

Apologies - hope this is ok now

Thanks

[ericsbrother]

Ok, blockbuster dont own the land and are no longer the occupier, if there is any residual contractual basis it will be the liquidators that have the say unless the occupation of the land has automatically reverted to the freeholder. JAS dont claim to have a contract witheither the liquidators or the freeholder so their claim might actually end up costing them money if the liquidators wished to press for all profits to be passed on.

As for their claim you left the site, that is not a reason for ticketing and this has been decided by an appeal court so they have nothing to argue there. The costs they quote are "establishment costs" and they have to bear those as part of their normal business and cannot claim that this represents a loss caused by any breach of a supposed contract between yourself and them.

I wouldnt bother playing letter tennis with them any longer as all you are doing is giving them information that they wouldnt otherwise have so if the email contains a POPLA reference No just appeal to POPLA saying that JAS cannot claim liquidated damages from a contract that doesnt exist as the company they claim to have a contract with is not the occupier of the land and is no longer extant.

[Spadge12]

Update:I received an e-mail from POPLA today saying JAS had cancelled the charge and my appeal had been allowed. Thanks for all your advice!!!!

[silverfox1961]

Update:I received an e-mail from POPLA today saying JAS had cancelled the charge and my appeal had been allowed. Thanks for all your advice!!!!

And that's the way it should be. Well done for seeing it through and updating this thread.

[armadillo71]

Update:I received an e-mail from POPLA today saying JAS had cancelled the charge and my appeal had been allowed. Thanks for all your advice!!!!

 

Excellent!

What did you say in your appeal? And did you have a date when it would be heard?