Another parking eye money request **Won at POPLA**

[disgruntled driver]

Oh, I've not had any confirmation from POPLA via Email or post.

[disgruntled driver]

Just received a letter containing lots of pictures of signs plus evidence for the POPLA appeal

 

 

but I'm at a loss as to whether I won or lost the case.

 

 

How do I find out?

[Jimbobaroo]

Hi .

Whats the latest on this post as l might have the same situation coming up ?

 

Cheers.

[disgruntled driver]

Not a clue at the moment, not heard anything in a long while.

[Shelley181146]

DD, Can you post up the documents you have received minus your personal details so that we may try to understand what the POPLA appeal have said?

 

I have a smiliar case and need to appeal.

[Shelley181146]

All PE POPLA cases are stayed until the Beavis judgment is in, so GPEOL is not a slam dunk win and will depend on the Beavis judgment.

 

A friend of mine has received her POPLA appeal form to complete and with came some info:

You have stated that you do not believe thst the Parking Charge amount is a pre-estimation of loss or that it is extravagant/unfair/unreasonable. Please note that HHJ Maloney QC presided over a court hearing (Parking Eye v Barry Beavis and Martin Wardley 2014) regarding the amount Parking Eye's Parking Charges and found that a Parking Charge of £85.00 could not be considered an unenforceable penalty. An appeal was subsequently lodged by the First Defendant and the matter was heard by the Court of Appeal on 24th February 2015. The Court of Appeal heanded down its Judgment on 24th APRIL 2015, and found in Parking Eye's favour on all grounds.

Does thsi mean that we can no longer use that 'pre-estimation of loss" in our appeals anymore?

[dx100uk]

upload

 

 

dx

[renegadeimp]

I'm guessing PE sent that load of crap

[DragonFly1967]

From reading another post, it looks like POPLA *might* stay appeals that are based purely on GPEoL until after the Supreme Court decision/judgement, so don't appeal to POPLA purely on those grounds and I'd suggest that you don't make it your primary ground for appeal (for the time being).

 

There are plenty of other things that you can use as grounds for appeal though, so all is not lost. Far from it in fact.

[Shelley181146]

I'm guessing PE sent that load of crap

 

Yep!!

[disgruntled driver]

UPDATE,

 

 

APPEAL WON!

 

 

The Operator has not provided a copy of a contract between themselves and the Landowner which authorises them to operate at the site Therefore, I cannot find the parking charge to be enforceable by the Operator in this case.

 

 

I have just donated cash to this site as without it I would not of had a clue.

 

Thanks again to all those that helped me and I hope that I can help people in the same situation in the future.

[ericsbrother]

PE yet again hoisted by their own petard. They wanted the appeals stayed until Beavis over and done with but still shy of actually proving that a contract exists so hence this result. Well done for sticking to your guns