Is it worth the POPLA appeal - Parking Eye 2X PCN's **WON BOTH**

[ericsbrother]

you make a number of very valid reasons as to why no contract may be formed

and in an appeal to POPLA i would be saying that the signage is inadequate and incomprehensible due to all of the points you raise.

 

 

Also make an issue about the ownership of the land and demand that PE produce a copy of the assignment from the landowners to PE

that allows them to make civil claims in their own name.

 

 

I would also have a look at the land registry entry for the address

(if you phone them up and ask them for the actual registry entry number as you are having difficulty identifying it

they may well tell you the name and address of the plot and who owns it so you save £3 and get the correct info)

as there is a good chance that PE have signed a deal with a tenant there rather than LL and third party contracts arent worth a bean for PE.

 

Also, when you ask for help bear in mind we all do this in our own time and most people have been busy with relatives

and the like for the festive period.

 

 

there has to be quite a lot of self help as well so if people say get a picture of the signage

it is fairly important to do so as the siting, size, font size, colour etc of the signs

make a big difference to whether it is considered to be legible or confusing. just telling us what is written isnt enough.

[ericsbrother]

your second point needs implifying to you demand sight of the contract between PE and the landowner

as you do not believe that there is a contract that assigns the right to make civil claims in their own name to PE.

(they dont like to show their contracts as many are flawed so you may well win by the non submission of critical proof)

 

they will have various rights by way of the contract but that can be with anyone so the critical bit is the right to sue in their own name.

 

The other things to mention about use of land,

 

 

ANPR not working properly should be saved for the future if you lose the POPLA appeal as they cant and wont look at these issues.

 

 

They will win you a court battle but not this so dont waste the ammunition.

[ericsbrother]

When you fluff things out it gives room for argument so simple is best.

so common wording would be "the appellant does not believe that PE has a contract with the landowner where the landowner assigns the right to PE to make claims and take legal action in their own name and demands strict proof by sight of this contract between the landowner and PE"

Reason for this is quite often the contract is with a managing agent or tenant and no valid for making claims against another party (ie motorist)

[ericsbrother]

so no evidence of having the right to enter contracts and make legal claims in their own name then?

You willll need to rebut their arguments about quality of signage and possibly send images of the signs at the entrance and make notes about location of entrances to other properties and say that this is confusing and the signage is insufficient under the circumstances. Check that their signs are not just stock photos if you can find differences between their photos and the real sign, such as scratches, graffiti, etc. In sghort you have to generate a doubt that is strong enough (but the lack of proof of contract should be paramount in POPLA's consideration)

[ericsbrother]

the time of the event will sort that one out but make sure you mention that you do not have the benefit of infra red night vision.

[ericsbrother]

We will need to know the names of the pieces of land so we can investigate. Also ask the local council whether PE or the landowner has got permission to put their signs up under the advertising hoardings display regs of the Town and Country Planning Act. No PP then the signs are illegal and no contract can ever be formed

[ericsbrother]

good work, that should be sent to POPLA and state forcefully that as the PP has expired then there is no locus standi for PE in this matter as they cannot offer and you cannot enter into a lawful contract whist failing to comply with planning law.

[ericsbrother]

They fell at the first hurdle. Well done for you

However, they should now stop issuing any tickets as they have no authority to be there but they wont and nor will they ever get done for it.