Lost Appeal at POPLA

[Neo]

Hi Guys,

 

To cut a long story short..

 

I waited in a car park just outside of city centre one evening for '11 minutes' as told by ParkingEye. For a number of reasons, I decided not to leave my car there. There were a number of reasons, which included the appalling state of the car park (I'm disabled, so use crouches to walk slowly), not even sure how much the car park was as it was getting dark, etc.

 

It was an ANPR, so they sent me through a £100 charge. I wrote back, they told me to appeal to POPLA, so i did, and now I have lost that.

 

The main argument is that I parked/waited on the private land and did not adhere to the car park's terms and conditions. The entrance to the car park is directly off main road (where the large signs with all the terms and conditions are, and there are a lot), so there is no way it is even feasible to wait on the main road while I read them - anyway, that's besides the point.

 

I was hoping one of you guys could validate my next steps please..

 

My understanding is that they can only claim for any loss, so I am probably going to send them a cheque for the minimum 1 hour parking (it's £5.20 or something) for their loss.

 

Is there anything else I should do?

[honeybee13]

Hello there.

 

I'm sorry to hear it didn't go well with POPLA. The guys will know what to do next, please bear with us until they're able to get here.

 

HB

[DragonFly1967]

First thing to remember is that the POPLA decision is only binding on the parking company, so it's up to ParkingEye what they do next, though it wouldn't hurt to offer them (don't actually send it) a fiver in full & final settlement. They probably won't accept it of course, but it will look good for you if PE decide to take you to county court, which they do rather have a habit of doing.

 

It's a shame that you didn't come here first, there are plenty of people on here that would've been more than happy to advise you on how to win at POPLA, but no matter, what's done is done.

 

When, or indeed if, you receive a county court claim, do please update this thread and there are people here that will advise you on a full defence, from having the case transferred to your local county court (which may mean that PE won't even bother to turn up if it's a bit too far (it's happened)) via everything that you'll need by way of your evidence, to what to expect (and require) in the evidence bundle from PE.

 

You're certainly not alone and you can beat them, so don't lose the will to fight.

[armadillo71]

Hi Guys,

 

To cut a long story short..

 

I waited in a car park just outside of city centre one evening for '11 minutes' as told by ParkingEye. For a number of reasons, I decided not to leave my car there. There were a number of reasons, which included the appalling state of the car park (I'm disabled, so use crouches to walk slowly), not even sure how much the car park was as it was getting dark, etc.

 

It was an ANPR, so they sent me through a £100 charge. I wrote back, they told me to appeal to POPLA, so i did, and now I have lost that.

 

The main argument is that I parked/waited on the private land and did not adhere to the car park's terms and conditions. The entrance to the car park is directly off main road (where the large signs with all the terms and conditions are, and there are a lot), so there is no way it is even feasible to wait on the main road while I read them - anyway, that's besides the point.

 

I was hoping one of you guys could validate my next steps please..

 

My understanding is that they can only claim for any loss, so I am probably going to send them a cheque for the minimum 1 hour parking (it's £5.20 or something) for their loss.

 

Is there anything else I should do?

 

 

You didn't say in your appeal to POPLA about only claiming for any loss then?

 

Are you registered disabled and did you make PE/POPLA aware of this?

[armadillo71]

Can you post up the POPLA appeal rejection letter please , redacted of personal info.

[Neo]

You didn't say in your appeal to POPLA about only claiming for any loss then?

 

Are you registered disabled and did you make PE/POPLA aware of this?

 

 

In the POPLA appeal I stated that i would be happy to pay the 1 hour charge, but they didn't refer to that.

 

Yes I'm registered disabled, I scanned in my blue badge and other ID to both ParkingEye and POPLA, but they didn't really take much notice. There is no 'free' disabled tariff from the looks of it.

 

The car park is literally a big square of land with no markings, etc.

[armadillo71]

In the POPLA appeal I stated that i would be happy to pay the 1 hour charge, but they didn't refer to that.

 

Yes I'm registered disabled, I scanned in my blue badge and other ID to both ParkingEye and POPLA, but they didn't really take much notice. There is no 'free' disabled tariff from the looks of it.

 

The car park is literally a big square of land with no markings, etc.

 

Well as PE were made away of your disability , then the equalities act comes into play.

 

Allowances have to be made. Eleven minutes is not enough time to allow you to read signage and decide whether to

 

accept the offer to park.

 

POPLA never seem to decide appeals on this act.

 

Now to be proactive , you could write to PE stating they haven't followed the equalities act that overides any silly rules they pit on a sign. It over rides POPLA as well.

 

I can't remember if you will get a letter from PE or DR + next.

[ericsbrother]

Again, I would recommend writing to PE explaining that you wrent parked but merely stopped to consider their offer of a contract and decided not to accept it and left. Point out that it took you this long because you are registered disabled and ask how they make "reasonable adjustments" for your disability and ask what evidence they have that you were parked rather than just stopped to read and consider their offer as stated. Then say that you therefore deny that there has been a brach of contract and expect then to cancel the charge forthwith or you will follow the matter up with a statutory questionnaire as you belive that theyare discriminating against you on the grounds of disability.

[Neo]

Thanks for all the replies guys. I haven't been able to scan in the long reply from POPLA, but it pretty much tells me the basic stuff as I already knew they would come back with..

 

I've already told them that I didn't park there and that I couldn't have read the board with all their terms and conditions on while I was sat on the main road as it's not a main road that you'd be allowed to stop on.

 

I understand that they can only claim their actual loss in court, but what I am concerned about reading is that they seem to have won a number of cases in court as detailed in the below site.

 

http://www.parkingeye.co.uk/motorist-information/parkingeye-win-over-90-of-county-court-hearings/

 

Do we have any suggestions of what i can write back to them? I am currently waiting for their next letter after the POPLA letter saying I have lost. So it seems i should either go down the route of offering them a full and final settlement of 1 hours parking, or go down the Equalities Act.... only problem is, I have no idea of how to word the latter...

 

Any help would be appreciated..

[ericsbrother]

Use the arguments in my post above. T

he truth is they do not win defended cases at court. You have made it clear that you considered and then rejected their contract and left as soon as possible afterwards for a disabled person. IF they want to take the matter to court (and there is no certainty they will) you will have time to ask them all of the relevant questions via either a Statutory Questionnaire or just via "discovery". In the end it will boil down to the same thing for PE, was there a contract, was it broken and if yoes to both of those questions waht has that breach cost them. The answer to the last point is NOTHING so veen if they can prove they dont discriminate (really?) and the other points are met they still havent made a loss of £100 by your reading of a sign.

At the moment you dont need clever wording, just say what has happened and demand to see a copy their disabuilities policy (legally they have to furnish this) regarding the time allowed for a disabled person to leave the public highway and consider their offer of a contract and then decide upon that offer. You can then remind them that you did not accept the terms offered and joined the public highway by the nearest egress point as required to do so as a trespasser is obliged to do. Then request that they cease to continue to attempt to enforce this claim as you deny it in its entirety and will defend any action taken to try and enforce it.

Chances are they will not give a proper response to the disabilities policy request and quietly drop the matter. If you offer to pay them even a penny that is an acceptance they have a right to claim and you will get taken to court after they decline your offer of the price of a ticket. This is a bit like declining a quote from a builder and then being sued for not paying for the work never done nor agreed to. If you pay anything you have admitted some contractual relationship and can only argue about the magnitude therafter.

If it comes down to sending a SQ I can help with the wording as you ahve to use the correct header but the text can be your questions. They dont have to reply but it will be damaging to them if they dont and take legal action against you and havent.

[Neo]

Use the arguments in my post above. T

he truth is they do not win defended cases at court. You have made it clear that you considered and then rejected their contract and left as soon as possible afterwards for a disabled person. IF they want to take the matter to court (and there is no certainty they will) you will have time to ask them all of the relevant questions via either a Statutory Questionnaire or just via "discovery". In the end it will boil down to the same thing for PE, was there a contract, was it broken and if yoes to both of those questions waht has that breach cost them. The answer to the last point is NOTHING so veen if they can prove they dont discriminate (really?) and the other points are met they still havent made a loss of £100 by your reading of a sign.

At the moment you dont need clever wording, just say what has happened and demand to see a copy their disabuilities policy (legally they have to furnish this) regarding the time allowed for a disabled person to leave the public highway and consider their offer of a contract and then decide upon that offer. You can then remind them that you did not accept the terms offered and joined the public highway by the nearest egress point as required to do so as a trespasser is obliged to do. Then request that they cease to continue to attempt to enforce this claim as you deny it in its entirety and will defend any action taken to try and enforce it.

Chances are they will not give a proper response to the disabilities policy request and quietly drop the matter. If you offer to pay them even a penny that is an acceptance they have a right to claim and you will get taken to court after they decline your offer of the price of a ticket. This is a bit like declining a quote from a builder and then being sued for not paying for the work never done nor agreed to. If you pay anything you have admitted some contractual relationship and can only argue about the magnitude therafter.

If it comes down to sending a SQ I can help with the wording as you ahve to use the correct header but the text can be your questions. They dont have to reply but it will be damaging to them if they dont and take legal action against you and havent.

 

Really appreciate this... it's exactly what I needed. I will get typing. Thanks again, and I will keep you all updated.

 

thanks