parking eye pcn - aloft london excel hotel *WON AT POPLA NO CONTRACT?**

[renegade1972]

hi all

been a while since ive been hit with a speculative invoice,

 

i went to park in a free overspill car park at work a few weeks back,

the attendant stopped me entering as it was only for vans,

 

the guy recognised me from work,

told me to park in the adjacent hotel car park,

gave me a sheet of paper to put on my dashboard and sent me on my way.

 

i parked up for 40 minutes,

came out went home,

then receive a pcn from parking eye,

 

contacted said hotel,

explained what happened,

 

they then inform me its nothing to do with them as parking eye control the car park,

tbh ive never parked in there before so had no idea it was controlled by parking eye,

 

the last time i had one of these i appealed to p/eye got my popla number then in my appeal i asked to see the contract between landowner and parking eye etc etc,

 

parking eye never submitted an appeal and ticket was quashed,,

,,is this what i should do in this instance ?

 

and if so what would my first appeal to parking eye contain ?

 

not sure what i should be doing this time round

 

any help much appreciated

 

thanks for reading

[dx100uk]

yea that sort of the game still

 

 

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

dx

[renegade1972]

thanks for the response

you asked",can i fill this out please "

cant figure out how to fill it out,probably me being stupid,need a bit of tech help please

[honeybee13]

Hello there.

 

All you need to do is copy and paste the questions and your answers onto this thread.

 

HB

[ericsbrother]

in short, that bit of paper is a contract that trumps the PE one. You had better still have it.

[renegade1972]

no i dont have it,cleaned my car out and binned it,had not received the parking eye letter until later

[renegade1972]

1 Date of the infringement[22/02/2017]

2 Date on the NTK [03/03/2017]

3 Date received

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y]

5 Is there any photographic evidence of the event? yes

6 Have you appealed? no

Have you had a response? [Y/N?] post it up

7 Who is the parking company? parking eye

8. Where exactly [aloft london excel hotel]

For either option, does it say which appeals body they operate under. POPLA

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

[ericsbrother]

then you will need something else, such as evidnce of the signage at the overspill car park for it being under the control of someone who had the authority to direct you to the hotel.

 

 

We believe every word you say because we know the tricks and antics the greedy parking co's use to make money but POPLA or a court will need proof so what can you give us to help you?

 

no i dont have it,cleaned my car out and binned it,had not received the parking eye letter until later

[renegade1972]

Im working back at the same venue tomorrow (thursday)

 

The guy that told me to park there works for traffic at that venue

 

,i kind of know him just to say hello,

as i said previously he recognised me,

 

i will go to the traffic office and see what i can get sorted

 

,i cant see that he would of directed me to park there if he had no instruction to do so,

 

seems a bit careless if that is the case,

 

i will report back tomorrow

thanks for all the replies.

[ericsbrother]

surrepticiously photograph him as he goes about his business bet best of all get a note.

 

It doesnt matter what they say,

 

you took instruction from someone who is employed to manage parking and that is that.

 

If PE want to argue the toss let them show that it wasnt true.

[renegade1972]

i went to the traffic office today,

told the guy what happened,

his reply was that nobody would of told me to park in that hotel car park,

 

i tried to explain but he was having none of it,

told me the car park was run by parking eye and its nothing to do with them and that they would never have directed me to the hotel car park,

 

complete waste of my time even going there,

 

now i need to write to parking eye to obtain a POPLA number

but not sure what to write in the letter

 

any ideas anybody ???

[dx100uk]

you can write what you like.

 

your dog was late getting out of the hotel

it wont matter they will refuse but you'll get the popla code

[renegade1972]

the last time i had a parking eye invoice,in my appeal to popla,i asked to see a contract between landowner and pe,allowing pe to charge for parking on said land,would that be sufficient this time round ?

[dx100uk]

possibly but you don't put that in the appeal to pe

you don't need too

[renegade1972]

yes i know thats not needed yet,i was just thinking ahead

[ericsbrother]

that is not what I suggested you did,

 

of course they are going to cover their backsides.

 

you should have gone to the same bloke and asked for a letter like the last time and then kept it.

 

Once you told the manager about the past he is going to go on the defensive as he knows that they dont have the authority to do things but by saying they do that creates a contract itself and you can sue them for not perforing their side of it.

 

However, it is going to be difficult to prove your version of events and they are forewarned so everyone else will be told to keep quiet and deny anything if asked..

 

 

i went to the traffic office today,

told the guy what happened,

his reply was that nobody would of told me to park in that hotel car park,

 

i tried to explain but he was having none of it,

told me the car park was run by parking eye and its nothing to do with them and that they would never have directed me to the hotel car park,

 

complete waste of my time even going there,

 

now i need to write to parking eye to obtain a POPLA number

but not sure what to write in the letter

 

any ideas anybody ???

[renegade1972]

behind the hotel car park, are two more hotels, and next to them is a car park,

he told me that they only direct people to those car parks,

 

 

but i know 100% that he said aloft hotel car park, the piece of paper he gave me was for a specific event that was taking place for a couple of days so they wont have any of them anymore as it was 2 weeks ago, theres been another 9 or 10 different events since then

[ericsbrother]

then you have a choice, write to PE and tell them that you were directed there by (name the company) and as such they were acting as agents for the landowner so this instruction creates a contract that is supreme to the contract offered by PE.

 

You can also have a look at the signage and decide if it is clear that you are being offered a contract when you enter the site and if it isnt clear fight it on those grounds. The other thing you should consider is reading a large bundle of the thread about private parking so you have an idea of what we expect so we can offer advice. So go and read some and then tell us when you have the pictures of the signage, entrance to land etc.

 

If that is not going to be easy then consider just apying up and at least being wiser for next time. PE generally have things tied up better than most parking companies and it can be a difficult nut to crack. We wont know without the info we need though

Edited March 18, 2017 by honeybee13
Paras.

[renegade1972]

hi

i received a letter back from PE on the 28th

 

appeal failed and ive reached the end of there internal appeals procedure.

 

our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available on the day in question

 

then they go on to say about popla etc and goodwill gesture of 14 days extension etc etc

 

after reading the previous post,

i will be passing by the area tomorrow,

and i will get pics etc and report back,

 

 

i have read lots on the forum,

i thought that my appeal a few years back,

asking for contract between pe and said land leaser giving permission from landowner to pe to charge for parking on landowners land would be fine to use again this time in my popla appeal.

[Oddfellow]

I think that stuff is more for a defence if it gets to court, rather than a POPLA appeal. They won't give a monkey's anyway, so keep your powder dry. Maybe just state the facts as you told us in post 1.

[ericsbrother]

when this contract argument is raised at POPLA the matter is settled to the satisfaction of the adjudicators by the parking co telling them that they have a contract.

 

You will never get to see a copy so by all means ask for it but only as a method of embarrassing the people who run POPLA these days for being incompetent and lazy when you have to take the matter further.

 

One day someone will use this for a judicial review

(have you a few thousand to spare so perhaps you might fancy it?)

and they will be made to look very stupid indeed

 

but until that day business as usual with parking co's avoiding telling the whole truth and being able to abuse the court process.

[renegade1972]

I think that stuff is more for a defence if it gets to court, rather than a POPLA appeal. They won't give a monkey's anyway, so keep your powder dry. Maybe just state the facts as you told us in post 1.

 

the reason i asked the above, was that's what i used a few years ago against pe/supermarket overstay in my popla appeal and won,

 

with that in mind you would recommend that i base my appeal on the facts i mentioned in post 1 ?

 

i need to get this sent off today so any advice would be much appreciated

[Oddfellow]

I'll defer to the acknowledged experts on exactly what to put at this stage. They'll hopefully be along in a while to help out.

[ericsbrother]

never any harm in trying as long as you can identify the piece of land succinctly.

 

 

It may be that PE have 2 contracts for adjacent plots but the terms will certainly be different and they have in the past got confused over the difference between a supermarket car park and a bus lane of a public highway that passes the said land.

 

The worst that will happen is that POPLA will say that they ahve spoken to PE who assure them they have acontract and they believe every word the parking co's tell them. Then, if it does go further you have evidence that the "independent" adjudicator isnt and the process is not fit for purpose. Not immediately helpful but in the long run will be.

 

Seeing the signs at the place where you were parked, on surrounding land and at the entrance to any or all of this land from the public highway will be needed. If ther are no proper signs as you leave the road then anything else can be said to be confusing

Edited April 5, 2017 by honeybee13
Paras.

[renegade1972]

ive been away,

its taken up to now for me to get back and report,

better late than never i guess

 

i was not working back at the same venue for ages

couldnt get any pics etc,

 

 

i submitted my appeal and asked to see a contract between pe and landowner, which gives pe the authority to charge to park on landowners land,

 

 

got a reply from popla around 3 weeks later stating that pe did not wish to pursue the case,

ticket quashed

 

obviously im very happy with the outcome,

 

 

thanks to all who contributed,

without this site i would be fooked