Parking Eye Tissue paper - Sutton in ashfield*Won at POPLA* No evidence from PE

[labrat]

thought so

 

new term on the UKPCS sign

 

Leaving the premises is now a ticket-able offense

 

[Billy's mate]

Walking off site will result in a PCN being issued, how can they enforce that ?. You may decide to go off site to a different shop and then back to the retail park to make a purchase - only to find a PCN on your car when you get back ?. I can see many appeals over this.

[ericsbrother]

the truth is that they invent things that they will then use to try and get money out of the unknowing. They cannot legally enforce this condition as it has been dealt with by a court appeal so is actually an unlawful clause but they will no dubt get many to pay up withour a squeak because they dont know any better.

[labrat]

emailed popla as of yet parking eye have sent no evidence and the due date of appeal is thurs coming

 

thinking of writing demanding costs for dealing with this when they lose as im pee'd off

[ericsbrother]

cant demand costs from POPLA same as you cant demand costs from PATAS. What you can do is to wait for PE to fail to produce their evidence and then write to them a letter before action to demand that as they obviously have no evidence that the contract existed then you demand that they pay the incidental expenses or risk a claim for misrepresentation. they wont be able to offer their evidenece to counter your claim without risking some very serious questioning so they may pay up your costs for their stupidity.

[ploddertom]

cant demand costs from POPLA same as you cant demand costs from PATAS. What you can do is to wait for PE to fail to produce their evidence and then write to them a letter before action to demand that as they obviously have no evidence that the contract existed then you demand that they pay the incidental expenses or risk a claim for misrepresentation. they wont be able to offer their evidenece to counter your claim without risking some very serious questioning so they may pay up your costs for their stupidity.

 

I think more should do this.

[labrat]

cant demand costs from POPLA same as you cant demand costs from PATAS. What you can do is to wait for PE to fail to produce their evidence and then write to them a letter before action to demand that as they obviously have no evidence that the contract existed then you demand that they pay the incidental expenses or risk a claim for misrepresentation. they wont be able to offer their evidenece to counter your claim without risking some very serious questioning so they may pay up your costs for their stupidity.

 

i actually ment parking eye not popla.

 

hmm incidental costs

 

Cost of writing for appeal

Cost of writing to demand popla code when not provided

cost of research to prove deliberatly false claims in letter provided

Cost of visit to site to Prove Miss-placed signage

Cost of un-nessecery appeal to popla

 

etc

[themagician]

above letter has gone so lets see the responce

your above letter is a true classic ! nice one.

[labrat]

Popla Decision

 

Determined the appeal be allowed

 

it is the appellants case that the parking charge notice was issued incorrectly

 

the operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the condition's of parking, in fact, were

 

just waiting on notice from parking eye confirming they have dropped the charge

 

still 50/50 on trying to claim costs, even £20 would be nice as the inlaws who's ticket it was actually dont really have much more than around 20p at the min theres no way they could have afforded the charge, we're paying for 4 days at the seaside in october and it would be nice to be able to treat them to a mean

[silverfox1961]

Well done. As expected, PE offered no evidence.

 

You should try for your costs now.

 

I will alter the thread title to show your win.

[CookieRocks]

Well done labrat. Pretty much the same reply I had via POPLA on a recent spec invoice.

 

I'd be interested in your claiming costs, just to see how it pans out, I'd prob give it a go too.

 

Regards

[labrat]

Hmm

 

Dear Mr parking eye

 

I write to you requesting costs having won an appeal against a speculative invoice you recently sent my MIL

 

As I have incurred a loss in dealing with this issue I require that you refund this in full

 

These costs include but are not limited to

 

Time spent writing the appeal

Re appealing when you sent two irrelevant and false letters, and failed to include the popla code

Time spent researching to prove false claims

Travel costs and time to photograph the area

Time formulating a popla appeal

Stationary costs

Cost of travel to and from post office

 

Please find evidence of these letters below

 

Due to my standard working rates I am claiming a cost of 4.5 hours totaling £54 (I realise this is the same cost as your ticket ironic isn't it)

 

I'll flesh it out later get MIL to fill in a bit stating I am allowed to take any and all actions including court if necessary