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PCN - Parking Eye - Cambridge - Beehive Centre
Comments
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SHORTENED TEMPLATE APPEAL
Could just do this for Parking Eye or any other PPC:
Dear xxxxxxxx
re PCN number xxxxxxx
I have received your parking invoice impersonating a 'parking ticket' and will be complaining in the strongest terms to your client. No doubt you convinced them that your operation is some sort of 'parking space maximisation scheme' when it is nothing of the sort and is simply there to maximise your own profits.
I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:
A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.
If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:
1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.
2 Proof of your locus standi to offer contracts to drivers at this site.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
4 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.
5 The means to make an appeal to POPLA or the IAS.
A certificate of posting will be obtained for all my written responses and I intend to claim my costs when I prevail.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
c-m could you add this last post of yours as a link in your NEWBIES thread as a first stage appeal?
I think that it would be of immense help to some newbies who find the sheer comprehensiveness of the first post in your Newbies thread overwhelming.
It might be worth having a small paragraph headed "Skeleton templates" with just a couple of links to 1st stage and POPLA templates that stands out.
With a number of newbies quoting a huge kitchen sink POPLA appeal recently, not well laid out, could you include a link to a shorter, successful POPLA template as well?0 -
Yep will do when I get time! There is already a link to this page since the other day, saying before the longer template, 'here is a shortened appeal for ParkingEye's online 3000 wordcount appeal box'.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hi all,
I thought I should keep you all fully updated on whats going on with this since I made my appeal online to Parking Eye on the 08/07/14.
On 11/07/14 I received a PCN Reminder, dated 05/07/14, this now states the amount due is £85, payment to be made by 23/07/14.
The original PCN said that we had until the 10/07/14 to pay £50. Weird they should send a PCN Reminder dated the 5th asking for £85. I'm guessing this is all done on an automated system.
Still haven't heard a word back regarding the appeal, I'm slightly concerned. I was either expecting a letter through the post with everything asked for in the appeal, or at least some response via email.
Any ideas anyone?
As usual, thanks for any help I may receive in advance.
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14 days for them to acknowledge appeal, 35 days for acceptance and cancellation or rejection c/w POPLA code.
I wouldn't lie awake waiting for the acknowledgement, but the 35 day rule is a bit more of a requirement, although many play fast and loose with this.
PE generally respond within the 35 days - so a bit of 'waiting time' still for you.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
14 days for them to acknowledge appeal, 35 days for acceptance and cancellation or rejection c/w POPLA code.
I wouldn't lie awake waiting for the acknowledgement, but the 35 day rule is a bit more of a requirement, although many play fast and loose with this.
PE generally respond within the 35 days - so a bit of 'waiting time' still for you.
Thanks Umkomaas,
Appreciate that.. I'll hold tight and keep you all posted..
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Hi again all,
Ok, so my thread got hijacked, but hey ho, the saga continues..
Firstly apologies for the delay in getting this info up, but I've just undergone an operation which laid me up for a couple of weeks, & I'm only just getting back on my feet now.
Anyways, we've now heard back from Parking Eye, dated 15/07/14, with a rejection of my appeal:
Reason for which: "You have not provided sufficient evidence to show that you did not break the terms and conditions on the signage."
They've included the POPLA paperwork.
I've scanned the rejection letter & POPLA paperwork incase that helps you with any help you may give me, plus it might help newbies get an idea of what to expect during the procedure,
but it looks like I can't attach them here, or include them as a DropBox link, as I'm a newbie. Is there any other way I can post them, apart from inserting each page as an image..??
As I said earlier in my thread, I really don't want to curk this procedure up at all, so all help and guidance is greatly appreciated.
Plus I'm hoping to build an amazing thread here that can help other newbies feel at ease...:j
So what's the procedure and where do I go from here peeps??
I'm happy to recap my situation if need be, if not the first posts or two in this thread sum it all up nicely
Many thanks in advance, Calhoon.
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you can use tinypic to host pictures and use a broken weblink in your post to point us at them
post #3 of the NEWBIES sticky thread has example popla appeals, copy and paste one into notepad and adapt it accordingly
check the expiry date on the parking cowboys checker and ensure your popla appeal is with them BEFORE the deadline, they wont tolerate late appeals so you havent got much time0 -
you can use tinypic to host pictures and use a broken weblink in your post to point us at them
Thanks for that Redx, below is a broken DropBox link to the images of the Rejection Letter & POPLA paperwork I received.
Hope that works :
dl.dropboxusercontent.com/u/12889612/POPLA%20%26%20Reject%20Letter.zip0 -
[url]Http://dl.dropboxusercontent.com/u/12889612/POPLA & Reject Letter.zip[/url]
I can't get this to work. Can you upload to tinypic instead and put I her with broken link for ease?
Look at post 3 of the newbie thread to see examples of how to win at POPLA. Draft appeal and out here for checking.Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.0
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