Author Topic: Parking Eye - Saltburn Leisure and Cricket Club  (Read 358 times)

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b789

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #30 on: August 30, 2024, 01:15:44 pm »
Why didn’t you show us the POPLA appeal you intended to send? You don’t simply send the same appeal you used for your initial appeal. POPLA will only consider whether the PCN was issued correctly by the operator. They do not take into consideration any mitigation.

Usually, we will advise on a number of appeal points based on legal arguments and breaches of the BPA Code of Practice (CoP). What, if any, legal and BPA CoP points did you include in your POPLA appeal?

Hopefully you’ve included the following points in your POPLA appeal:

1) No keeper liability due to PoFA failure at 9(2)(e)(i)
2) No evidence of the person they are pursuing is the driver
3) Signage failures to comply with the BPA CoP and PoFA
4) No contractual liability due to confusing terms
5) No evidence of landowner authority to issue PCNs

If you lose the POPLA appeal, it has no bearing on any future action. It does not mean that you have pay them.

You would have to wait and see if/when they decide to take you to court to try and recover the alleged debt.
« Last Edit: August 30, 2024, 01:18:37 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

marvanelli

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #31 on: September 05, 2024, 02:31:56 pm »
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

I 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.

b789

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #32 on: September 05, 2024, 02:44:41 pm »
Unfortunately, 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

marvanelli

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #33 on: September 05, 2024, 03:14:56 pm »
Unfortunately, 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?

b789

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #34 on: September 05, 2024, 03:59:53 pm »
If PE have not rebutted any points you made in your appeal, you must highlight this in your response.

“I stated such and such in my appeal and the operator has fail3d to address that point…” Do you get the idea?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

marvanelli

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #35 on: September 09, 2024, 09:25:12 am »
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!

DWMB2

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #36 on: September 09, 2024, 10:00:05 am »
Good result! Unusual for them to pull out after submitting their POPLA evidence. I wonder if the leisure centre intervened...

marvanelli

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Re: Parking Eye - Saltburn Leisure and Cricket Club
« Reply #37 on: September 09, 2024, 10:04:06 am »
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.