Show Posts - marvanelli

Not sure.I hadn't even put in a response to their evidence before I received the email confirming they've withdrawn the appeal.I've just been on PE's website and they still have £100 as outstanding on my PCN. But I'm assuming that will be removed soon.

Further update.Had an email over the weekend from POPLA stating:'The operator has contacted us and told us that they have withdrawn your appeal.If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.'I've not paid the parking charge, so it appears they've cancelled it.Thanks again from this forum.Great help!

Quote from: b789 on 05 Sep, 2024 14:44Unfortunately, we have no idea what you said in your POPLA appeal. Have PE countered every point in your POPLA appeal? If not, you highlight the omission in your response to the operators evidence.Normally, a POPLA appeal will cover some, in not all, the following points:1. Any PoFA failures to be able to hold the keeper liable.2. No evidence that the person they are pursuing is the driver.3. Signage failures to adequately bring the the attention of the driver the charge for breaching any terms & condition.4. No evidence of landowner authority to issue PCNs in their own name.5. Failure fully comply with the BPA Code of Practice (CoP).Did you include any of those in our POPLA appeal?Rejection of a POPLA appeal has no bearing on any future proceedings. You are not obliged to pay anything. In which case, you will have to weather a load of useless debt collector letters which you can safely ignore and wait and see if they decide to issue a claim in the small claims track of the county court.That is usually a good thing as it is the ultimate dispute resolution service. A judge would decide whether you owe PE a debt or not. In the case of PE, they have their own internal litigation team but sometimes use DCB Legal, especially if they have a weak case.In the worst case scenario, if you were to be unsuccessful in court, it could cost you up to ~£220. However, there is no risk of a CCJ on your credit file as long as the amount is paid within 28 days of judgment.Of course, that is a worst case scenario. If they decide to use DCB Legal, there is a 99% chance that they will discontinue before any hearing.I didn't include any of those points. I wish I did!I included a copy of the email from Saltburn Leisure centre confirming I was a paying customer, which agrees with the date and times on the PCN. PE haven't countered any of the points on my appeal. They've just mentioned I breached their T&C's, hence the issued PCN.Do you recommend me submitting a response to PE's recently uploaded evidence, or wait for POPLA's outcome?

Quote from: marvanelli on 20 Aug, 2024 22:22Yes, they rejected the initial appeal and have provided me with a POPLA code.I've not yet appealed to POPLA using the code.Is that my next step?Is it just a case of providing POPLA with the same information and explanations that I included in my original appeal to PE?ThanksI did previously ask if that was my next step, but unfortunately I didn't get a response.Sorry, I didn't take a copy, but I included all the evidence I had to show I was a paying customer at Saltburn Leisure Centre, at the time.Parking Eye Ltd have now uploaded all their evidence (original letter that was emailed to me, showing the photos of my car in the car park etc) and I have up to 7 days to provide my comments on the operators (PE Ltd) evidence.I'm not sure what comments to provide?And if this is rejected, will it be then a case of either me paying the fine or Parking Eye Ltd taking me to court over the outstanding debt?Thanks again.

I've submitted an appeal to POPLA and included a copy of the email I received from Saltburn Leisure Centre confirming my stay and the reason for my stay.Let's see what happens now.

Yes, they rejected the initial appeal and have provided me with a POPLA code.I've not yet appealed to POPLA using the code.Is that my next step?Is it just a case of providing POPLA with the same information and explanations that I included in my original appeal to PE?Thanks

Hi. They’re in the thread, couple of comments up.

Thanks again for the response.At the moment, I've not replied to PE, nor have I been in touch with POPLA with an appeal.What do you think is my next step? Starting an appeal with POPLA?Sorry if it appears I'm being naïve. I've never had to go through this before, so it's all pretty new to me.Thanks.

I've attached all the photos I've taken from the car park.http://[/img][/img]https://imgur.com/nOXNgRV

Quote from: b789 on 09 Aug, 2024 10:26You keep referring to "fines" and a "penalty". If you can find either of those words anywhere in all the correspondence, I will give you £100 for each occurrence.You need to get it into your head that this is nothing to do with any fines, penalties or offences. It is a speculative invoice from an unregulated private parking company for an alleged breach of contract by the driver.You actually have 33 days (not 28) from the date of the appeal rejection letter from PE to file your POPLA appeal. So, you have until 1st September to submit a POPLA appeal.The 14 days you are referring to is PEs bribe discount period. Why are you even considering this? Maybe I should send you a speculative invoice for £100 and tell you that if you pay me £60 within 14 days I'll call it "quits".If Saltburn Leisure Centre is the contractor of PE, then it may be worth reminding whoever is fobbing you off that they are jointly and severally liable for the actions of their agents and if they are happy that their patrons are invoiced for £100 by an unregulated private parking company  who have accessed your personal data, they should be weary about their own liability. Ask them who is the monkey and who is the organ-grinder in their contractual relationship with Parking Eye.Cheers for the reply.I agree, I need to get out the mindset it's a fine/penalty, and instead it's an invoice. My bad.I very much doubt I'll get an answer out of Saltburn Leisure Centre if I contact them again (for a 3rd time).I will make a visit to the leisure centre this weekend to try and take photos of any other signage that may help my case and be in touch.Again, thanks for all the advice/feedback so far.

Update.I phoned Saltburn Leisure Centre and they won't help further in speaking to Parking Eye to get the penalty overturned.I've noticed in a Facebook group from Saltburn, a lot of the community are getting parking tickets too, even when entering their reg in the computer at the desk in reception. Many are annoyed (rightly so) as ParkingEye aren't overturning the appeals and some members of the public are just paying the fine out of fear.I haven't been back yet to take photos of any additional signage (if there are any).The deadline I have to contact POPLA is 14 days from the date of the most recent letter from ParkingEye (letter was dated 30 July - therefore my deadline to contact POPLA is 13 August).

Thanks. I'll give them a call again.This is the only sign I've found online. I can't remember seeing many others, but I could be wrong.

Quote from: b789 on 30 Jul, 2024 15:41You appeal to POPLA but only on points of law or BPA Code of Practice (CoP) breaches. You have 33 days from the date of the rejection letter, not 28. Or you can wait and see if PE send you a Letter of Claim (LoC) themselves or they farm it out to DCB Legal. If the latter, they know they have a very weak case if this ever goes to court. Ideally, you want a court claim as that is the ultimate dispute resolution service. Once a claim is issued, they usually screw up and this is where you ultimately win. Just understand that debt collector letters are useless and should be ignored. They are simply hoping that you are low-hanging fruit on the gullible tree and will capitulate once they use language designed to shake the fruit out of the gullible tree.No risk of a CCJ or anything like that if you follow the advice.Thank you for your advice.Do you think I should wait a week or two first of all? Or submit an appeal to POPLA straight away?I'm fairly inexperienced with all this.I do appreciate all your help.

Quote from: DWMB2 on 30 Jul, 2024 15:32As previously noted, it would be useful to see the signage at the site.Quote from: DWMB2 on 19 Jul, 2024 20:11Ideally, you could do with getting the leisure centre to instruct ParkingEye to cancel it.Have you had any progress with this?I've only spoken with the leisure centre once and when I explained the situation, they confirmed it happens fairly regularly (at least once per week), but they did say 'they don't own the car park'.They then said they could email me confirming my attendance which may help my appeal, which at the time, I was very grateful for.I didn't ask them to cancel it themselves, as I got the impression they can't.

HiI appealed on the basis of I actually attended the leisure centre during the whole time my car was parked in their car park. I took my two daughters swimming.I also attached a copy of the email I received from the leisure centre confirming my attendance.Unfortunately, the way I appealed was via Parking Eye website in their text box and I never made a copy of my 'appeal'.I'm not sure what my next step is and where to go from here.I even paid for the swimming session for me and my two daughters via my bank card.