No notice at entrance to ParkingEye Car park .. ** Won **

[armadillo71]

8. Please could ParkingEye show a breakdown of the Genuine pre-estimate of loss.

Obviously normal business running cost cannot be included...

such as erection of signage,employment of office based staff,membership of B.P.A. e.t.c....

[Humbugshooters]

Hi,

 

Could anyone please advise me how to create a post as I'm new to this site?

 

Warmest Regards

[honeybee13]

Hello and welcome to CAG.

 

What is your query about please? I'll post a link for you.

 

My best, HB

[Jessicajil]

Armadillo71 ... thank you

[Humbugshooters]

Thank you honeybee13. It's about a parking charge notice I have received from ANPR-LTD for parking on a housing estate for 5 mins without a valid permit.

[ericsbrother]

Furthermore you ask that Parking eye prove they have a contract with the landowner that allows them to charge people for parking on the land that they are not occupiers of themselves.

[ploddertom]

Thank you honeybee13. It's about a parking charge notice I have received from ANPR-LTD for parking on a housing estate for 5 mins without a valid permit.

 

Try this

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=88

[Jessicajil]

ParkingEye have sent me an invalid verification code .. what do I do now?

Should this be a new thread?

Edited January 10, 2014 by Jessicajil
should this be posted as a separate thread?

[Michael Browne]

Parking Prangster's advice for invalid POPLA codes

http://parking-prankster.blogspot.co.uk/2013/12/ukcps-try-new-[problem]-handing-out-fake.html

 

POPLA code checker here:

http://parking-prankster.blogspot.co.uk/2014/01/popla-code-checker.html

[Humbugshooters]

Thank you ploddertom

[Jessicajil]

I rang POPLA and they said the verification is valid even though I had tried to use it in two different browsers, so she said to send the information by email, which I have just done in .pdf form. THANK YOU so much everyone for your help, :-) I will let you know when I hear anything.

[Jessicajil]

Thank you so much to all who helped ..

I WON THE APPEAL TO POPLA

 

This what the Assessor wrote :-

It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

.

The actual text I used in the end to Popla (altered slightly to make it make sense as it stands ) was :-

 

Background. The car park in Hove is one of three near Wickes, Staples etc. There are signs at the entrance to two of the car parks but none in the car park we used. The car-park we used has a re-cycling centre in it.

1. The letter from ParkingEye states that there is signage clearly displayed at the entrance to the car park and throughout it. This is untrue. There is no sign at the entrance to the car park, and only one (partially hidden) one within it.

2. ParkingEye say that there is adequate signage on this site, that is visible appropriately located, clear and legible. The sign in the car park is hidden behind a large re-cycling bin, so is not appropriately located. It is only partially visible in the day-time Fig 04, and is not visible after dark since it is not illuminated. Therefore there can be no implied contract between myself and ParkingEye and therefore no breach of contract. The absence of signage at the entrance of a car park, and obscured signs within it were the reason for a recent appeal against ParkingEye being upheld in 3JD00565 at Colchester county court (ParkingEye v Rogers)

3. The one sign in the car park Fig 06 states that a parking charge notice will be issued for a “failure to comply” with the terms of parking. This wording indicates that the charge represents damages for a breach of the parking contract. Accordingly, the charge must be a genuine pre-estimate of loss. In the absence of evidence of ParkingEye having provided a breakdown of the Genuine pre-estimate of loss for this car-park, I would submit that the parking charge of £85 does not reflect the ParkingEye’s loss, and is therefore not enforceable.

4. In the absence of evidence that ParkingEye have a contract to collect monies on behalf of the owner/s, I have to assume that there is no current contract.

5. Since this is a free car park, there is no loss to the landowner so any charge is punitive which has been held in the High Court to be unenforceable.

6. The BPA rules state "You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for." The one sign present does not state this. There is just an icon of a camera in the bottom of the frame of the notice which does not include any statement as to its use.

7. In the absence of evidence that the camera used by ParkingEye is implemented with timing and sync loss logs then any images developed by the system cannot be trusted. Any use of the data collected as evidence of fact is inadmissible, and ParkingEye have no evidence as to how long the car was parked in the car-park.

Thank you again ... having been conned by these people in the past into paying, I am so pleased that they have not got me this time!

[kirkbyinfurnesslad]

Well done you

[DBC]

This not bothering to submit paperwork is happening time after time not only with PE but with other PPCs I suppose they now know they are flogging a dead horse.

[Jessicajil]

 

I won my appeal against ParkingEye for a PCN in the car park at Hove near Wickes and Staples.

See

http://www.consumeractiongroup.co.uk/forum/showthread.php?411342-No-notice-at-entrance-to-ParkingEye-Car-park

 

THANK YOU to all who helped me get this right. ParkingEye didn't even present evidence !

Jess

[f16]

Jessicajil Good for you That is the 3rd success storey for CAG this week !!!!

 

:whoo: