Parking eye 3hr parking overstayed 13mins

xanthe<3 · 6 October 2017 at 12:52PM

Parking eye 3hr parking overstayed 13mins

Hope someone can help guide me in the right direction... I shopped and ate at different shops at a local retail park .... babies being babies wanted feeding and our trip took longer than the 3 hours ...13 mins over .... can I appeal in anyway or shall I just pay the £85 or £50 if paid within 14days .. I overstayed on the 27th August...the letter is dated 3rd October but the letter arrived today 6th October...

Redx · 6 October 2017 at 12:58PM

yes , please read the NEWBIES sticky thread , the blue text template is the appeal template

2 extra paragraphs need adding

1) POFA 2012 failure ( late NTK delivery)

2) grace periods - clause #13 of the BPA CoP

so you have 2 "golden tickets)

choose KEEPER when appealing, do not tell them who was driving , edit post #1 to ensure that NOBODY knows who the driver was (important)

this thread here has post #11 that I rewrote for somebody else that adds the clause #13 part

http://forums.moneysavingexpert.com/showthread.php?t=5693951

all YOU have to do is add another paragraph stating that they have failed POFA2012 due to late delivery of the NTK (as well, seeing as they failed on 2 important legal points)

also COMPLAIN to the retail park as an OCCUPANT of the vehicle and cite the EA2010 at them seeing as it may be in your favour if the babies are very young

extra time should be allowed for feeding mothers etc, plus clause #13 of the BPA CoP means any "overstay" that happened fell within the 2 grace periods alloowed , to park up , plus to leave as well

xanthe<3 · 10 October 2017 at 12:32PM

Thank you so much for your help !
I'm rubbish at this .. is this right ?
Many thanks &#55358;&#56606;&#55356;&#57341;

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled. Also you failed POFA2012 due to late delivery of the NTK .

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Redx · 10 October 2017 at 1:02PM

xanthe<3 wrote: »

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge, mainly for the following two reasons.

You have failed POFA2012 due to late delivery of the NTK .

Also Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled.

Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

yes its fine but I have amended the 2 points into separate bullet points and moved them up the appeal too , so use the one above , on their website , appealing as KEEPER in the drop down box (important)

never admit or infer who the driver was

EDIT

or use the edna basher one here

http://forums.moneysavingexpert.com/showthread.php?t=5730927

The_Deep · 10 October 2017 at 1:17PM

If there are several retail outlets, restaurants, hair salons etc. 3 hgours may not be enough time for you to shop. This may therefore be an unfair term in a consumer contract, read this

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

happybagger · 10 October 2017 at 2:42PM

Is it just my impression or are PE actually starting to issue more pcns for these 11 12 13 etc minute 'overstays' at the moment? Testing the water maybe?

Redx · 10 October 2017 at 2:52PM

it seems that way, plus they think people are so thick that they wont query it

I have seen one recent thread on here that said 8 minutes !!

the BPA CoP says over 10 minutes to leave after a parking event

plus they are also failing to send some within 14 days , in some cases months later , so any excuse , despite POFA2012 and despite the BPA CoP clause #13 (in this case it was BOTH)

xanthe<3 · 17 October 2017 at 10:10AM

If the appeal fails would I be required to pay £85.00 or £50.00 ? Many thanks

Redx · 17 October 2017 at 10:26AM

you would be well advised to go to POPLA with a POPLA appeal

get it killed off at POPLA , for ZERO pounds

if you werent aware of this , you have not digested the information in that NEWBIES sticky thread that I had crabman tidy up last week

Johno100 · 17 October 2017 at 10:28AM

xanthe<3 wrote: »

If the appeal fails would I be required to pay £85.00 or £50.00 ? Many thanks

Neither. Are you sure you've read and comprehended the NEWBIES thread?

xanthe<3 · 17 October 2017 at 12:00PM

Sorry I'm not at all good with computers... Newbie thread ?

Parking eye 3hr parking overstayed 13mins

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