Parking eye PCN - HOLIDAY INN EXPRESS LUTON AIRPORT, 2 Percival Way, Luton LU2 9GP -lost popla appeal

[dad52]

Hi, vehicle did a few u-turns outside a car park near luton airport, did stop for a few mins also, but never went past the barriers to the car park, sent all this in to popla and was rejected.

Now have a letter reg court claim..What to do next as not really sure what to do.?

[dad52]

this is the thread, its a letter from parking eye for £100

Edited October 5, 2019 by dad52

[FTMDave]

So at this stage it's just a letter, you're a long way from court yet.

 

Look up if Luton airport is covered by bye-laws.  I bet it is, and if so you won't have to pay PE a red cent.

 

Also have a look at other airport threads here, you'll soon get the picture.

 

I hired a car at Luton airport in August and instantly almost drove into a car park and had to do a u-turn, it's a damn confusing place.

 

[dad52]

thanks, will do.

 

 

what about if they own the road in front of the car park, it may be private property..

[dx100uk]

They dont own anything

Its all covered by byelaws airport land

 

Please fill in/ complete our std sticky 

[dx100uk]

please complete this:

 

[dad52]

this was a PCN, i now have a letter before county court claim..

[FTMDave]

Well that changes everything, you need to reply.  Why didn't you say so before?

 

Filling in DX's sticky will help the experts see if PE have messed up with creating keeper liability under the POFA law.

 

Plus, what did you write in your appeal?  Did you admit to being the driver?

 

It's very hard to advise if you don't give us the whole background.

[dad52]

hi, what is a sticky, and where do i find one?

 

[dx100uk]

already posted it above!!

 

 

[dad52]

1 Date of the infringement :              17th april 2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] :       25th april 2019

 

3 Date received :        26th april 2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES

 

5 Is there any photographic evidence of the event? YES

 

6 Have you appealed? [Y/N?] post up your appeal] YES

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

 

7 Who is the parking company? PARKING EYE

 

8. Where exactly [carpark name and town] HOLIDAY INN EXPRESS LUTON AIRPORT, 2 Percival Way, Luton LU2 9GP

 

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: REJECTED BY POPLA

 

Assessor summary of operator case

The operator’s case is that the appellant failed to make a valid payment.

 

Assessor summary of your case

The appellant’s case is that the vehicle did a number of ‘U’ turns outside of the car park. He says at no point did the vehicle enter the car park. The appellant has provided a photograph of the entrance to the car park within his submission to POPLA.

 

Assessor supporting rational for decision

The appellant has indicated that he was the driver on the date of the contravention. I will therefore be considering his liability as driver of the vehicle.

 

The terms and conditions of the site state: “Parking tariffs apply 24 hours a day, 7 days a week…Failure to comply with the terms & conditions will result in a Parking Charge of: £100”.

 

The operator has issues the Parking Charge Notice (PCN) as the appellant failed to make a valid payment.

The operator has provided copies of its signage, including a site map.

The operator has provided photographic evidence of the appellant’s vehicle entering the site at 19:06 and exiting at 19:46, totalling a stay of 39 minutes.

 

On the face of the evidence, I consider it looks like there is a contract between the appellant and the operator, and the evidence suggests the terms have been breached.

 

I now turn to the appellant’s grounds of appeal to determine if they make a material difference to the validity of the parking charge notice.

 

The appellant states the vehicle did a number of ‘U’ turns outside of the car park.

He says at no point did the vehicle enter the car park.

 

Whilst I appreciate these comments, I have not been provided with any evidence which demonstrates the appellant was making a U-turn on the day in question.

 

The operator has provided a photograph of the appellant entering and exiting the site.

As such, I am satisfied the appellant’s vehicle remained on site for 39 minutes.

 

I appreciate the appellant has provided a photograph of the entrance to the site; however, I am not satisfied this is sufficient to demonstrate that the appellant did not park on site for the times stipulates on the cameras.

 

Ultimately, it is the responsibility of the motorist to comply with the terms and conditions displayed on the signage.

 

On this occasion, the appellant has failed to make a valid payment and therefore did not comply with the terms and conditions.

I conclude the PCN was issued correctly.

I must refuse the appeal.

 

[dx100uk]

thanks

can i just check this was an anpr captures

time for an ericsbrother snotty letter.

lots here already

 

 

[dad52]

hi, yes it was, but it captures your car before the barrier entrance (see top pic)..

who do i send a letter too after popla have rejected it?

[brassnecked]

So the ANPR can capture a vehicle that has not entered the area they claim? Might be worth noting that ANPR capture of vehicles not entering the car park would be breach of GDPR, as unlawful then asking DVLA for details.  That might be worth using in an ericbrother style snotty letter.

[dx100uk]

It will be sent to who the letter of claim was from

[dx100uk]

yo appeal letter has the PCN no uptop

removed it

 

can you scan up the NTK with the two pix too

[dad52]

is it still visible on here, can't find it..

[FTMDave]

As this is PE & the Holiday Inn car park, ignore what I wrote about bye-laws which concern airport land.

[dad52]

will do, also what is NTK?

[FTMDave]

Notice to Keeper

 

 

Edited October 7, 2019 by FTMDave

[dx100uk]

scan up the letter with the two photos of you car please

[brassnecked]

If you could repost the notice with vehicle and reference numbers redacted, would be good, had to hide as deatils showing.

[dad52]

[dad52]

i guess what i really want to know is, what is the worst that can happen if i dont pay, is it worth the stress.?

doing a u turn a few times in a street and you get a ticket..

 

[dx100uk]

looks like your did 2 u turns 39 mins apart?

is that the case?