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Parking Eye - New Driver
Comments
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I would amend that to say that the driver followed the parking lie instructions so there is no wriggle room for the scammers to say he/she used the wrong method.
You could also add that their unfit for purpose payment system caused a frustration of contract so neither you or the driver can be held liable.
Thank You for the advice, have amended.
Date: 1st September 2016
Dear Sirs
Re: PCN No. xxxxxxxxxx
I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.
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 before they park.
In the car park there are 4 payment machines on the ground floor, 2 operated by Parking Eye and 2 operated by Britannia Parking. Each have different instructions for paying by text which is highly confusing.
The driver followed the Parking Eye “Pay By Phone” instructions exactly as shown on the signage at the payment machine and then via the text that followed. As such the driver believed the necessary payment had been made. Therefore this PCN has no viability ... the most that may be owed by the driver is the actual cost of parking (IF such payment has indeed not been made).
Your "unfit for purpose" payment system caused a frustration of contract so neither you or the driver can be held liable.
Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.
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.
I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,Pants0 -
YOU have made the fatal mistake of copying and pasting without reading and amending what YOU have been told
ie:- YOU copied what fruitcake said without any alterations , making the statement incorrect as it still contains the word YOU in it
read what you are writing and ensure it makes sense , because at the moment that sentence makes no sense at all
otherwise its good to go (once it has been amended)0 -
YOU have made the fatal mistake of copying and pasting without reading and amending what YOU have been told
ie:- YOU copied what fruitcake said without any alterations , making the statement incorrect as it still contains the word YOU in it
read what you are writing and ensure it makes sense , because at the moment that sentence makes no sense at all
otherwise its good to go (once it has been amended)
Thanks Redx. I misinterpreted it, thinking it meant "you" as in Parking Eye. I'll change it now.
I've just been going through the pictures I took and noticed that because the car park used to be run by Britannia Parking that the big Terms & Conditions notice has been amended as follows: (apologies for the size).
There is no company, it's blanked out. I'm not well versed in legal jargon but how can the driver enter a contract between themselves and "blank". Should this go into the appeal?Pants0 -
if PE have taken over the site from Britpark then PE wont care about the BRITPARK signs that are there , just the same as maybe POUNDLAND wont care about the BHS signs in any of the new stores they take over that offer 75% reductions on items in store0
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if PE have taken over the site from Britpark then PE wont care about the BRITPARK signs that are there , just the same as maybe POUNDLAND wont care about the BHS signs in any of the new stores they take over that offer 75% reductions on items in store
Ok thanks. The PE sign outside the car park says see signage for T's & C's, but the old Britannia T's & C's sign is all there is.
I'll send off the appeal tonight.Pants0 -
if PE have taken over the site from Britpark then PE wont care about the BRITPARK signs that are there , just the same as maybe POUNDLAND wont care about the BHS signs in any of the new stores they take over that offer 75% reductions on items in store
Yep - but the fact there are conflicting signs there and a bit of sticky tape over the PPC's name is going to be worth a mention at POPLA stage.The PE sign outside the car park says see signage for T's & C's, but the old Britannia T's & C's sign is all there is.
Good for POPLA stage. Can you show us the entire Britpark/Britannia sign please?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Yep - but the fact there are conflicting signs there and a bit of sticky tape over the PPC's name is going to be worth a mention at POPLA stage.
Good for POPLA stage. Can you show us the entire Britpark/Britannia sign please?
Let me know if this isn't good enough, shared from google drive:
https://drive.google.com/file/d/0B-rm-E3upS0-MWZETHZFZExKVU0/view?usp=sharingPants0 -
Wow that is an unreadable block of over 1000 words, not written by ParkingEye, not involving PE and not offering a contract from PE! You cannot read the £100 charge so cannot have agreed to it.
Great for POPLA stage...PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Wow that is an unreadable block of over 1000 words, not written by ParkingEye, not involving PE and not offering a contract from PE! You cannot read the £100 charge so cannot have agreed to it.
Great for POPLA stage...
Really appreciate the advice you guys in this forum are giving everyone, the peace of mind I have has now taken over from the worry. I'll let you know when the appeals are rejected.Pants0 -
OK so this just got interesting:
To quickly recap, on two consecutive days my daughter paid by text by sending just her number plate and CCV number and thought this was accepted. All other info is in the previous posts. We sent off two appeals to parking Eye, one for each day but basically identical.
On Friday she received two letters.
Letter one says this: We can confirm that this charge has been cancelled and there is no outstanding payment due on this account.
Letter two is a rejection of the appeal with a popla code.
So two identical appeals, one accepted, one rejected. I presume this will help in the appeal to popla?Pants0
This discussion has been closed.
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