Advice on a Parking Eye Parking Charge Notice

trisontana

This not a FINE and nobody is telling you to pay (apart from PE).

Coupon-mad

Eunos1 wrote: »

I did go to pepipoo and I used all the advise given to me. The reply I sent the was edited and submitted to them.

Despite all my appeals I still feel there is one sore truthful pointvthatvsticks in my mind!

I WAS back at my vehicle in time and I couldn't physically get out of the car park! The Christmas traffic was gridlocked I I couldn't get out! I know this is falling in deaf ears but it is so frustrating! I have followed the advice on this forum and I have now ended up with an increased fine, of which I am being advised to pay!

Despite this charge being completely unfair I wish I have in a paid straight away and avoided all this stress. This may not be what many of you want to hear but this is how I feel and people should be aware it is a horrible journey that won't necessarily end up in your favour!

Parkingeye and bullies

You haven't got a fine and NO-ONE advised you to pay it. Don't be a victim - if ever this went to Small claims (it's not a criminal issue and there would be no summons, it's nowt to be scared of) then if you take the full advice provided by pepipoo your defence would be much more robust than that POPLA appeal seems to have been.

If it were me in this situation, I would write to PE and say 'Whilst the POPLA appeal decision seems to have missed the points in my appeal, I am sure a small claim judge would not. I know the POPLA decision is not binding on me so I will not be paying and tell you now that I will not be held responsible for any debt collector additional expenses. Sending such letters would be a pointless waste of your time as I have made my position clear that I fully deny and dispute owing any money to Parking Eye. There was no trespass, no breach of contract and no contractual agreement whatsoever was formed between yourselves and the driver; nor do photos of a car driving in and out constitute any proof of actual parking time. You are invited to either take the matter to small claims within 14 days, at the current rate of 'charge' in order to mitigate your alleged 'losses'. If I do not receive a small claim within that time I will consider the matter closed and any further contact will constitute unreasonable harassment.'

The reason I suggest this is to minimise your potential exposure, by 'pegging' the amount of charge at its current rate, no additional debt collector add-ons and only an extra £30 or so potentially in small claim fees if you lost. But IMHO you wouldn't lose as long as you are genuine and take the full advice offered here and on pepipoo.

So why would you want to pay PE now?!

Eunos1

Thanks for this, Popla again contacted me with the below email.

Your case is concluded with POPLA.

In order to avoid any further action by the operator, payment of any amounts owed should now be made without delay. Details of how to pay will appear on previous correspondence from the operator. It will be a matter for the operator as to what they do if they do not receive full payment but any enforcement action would be through the county court.

Kind Regards

POPLA Administration Team

I won't deny it but I am sorely tempted to pay up! The thought of being taken to court is not a good one!

Eunos1

I am also tempted to tell PE I will pay the initial charge just for this to go away?

nigelbb

We have not seen either your appeal to POPLA or their decision. Please could you supply that information. It's difficult to see how your case would have been rejected unless the appeal was badly presented.

Eunos1

My appeal is posted on thread number 123.

Below is the rejection letter they sent me

The Operator issued parking charge notice number ********* arising out of the presence at ***************, of a vehicle with registration mark *********.
The Appellant appealed against liability for the parking charge.
The Assessor considered the evidence of both parties and determined
that the appeal be refused.
The Assessor’s reasons are as set out.
In order to avoid any further action by the operator, payment of the £85 parking charge should be made within 14 days.
Details of how to pay will appear on previous correspondence from the operator.
Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils Calls to Parking on Private Land Appeals may be recorded
Reasons for the Assessor’s Determination
On 29 December 2012, the Operator issued a parking charge notice because on 21 December 2012 the vehicle with registration mark ********** was recorded via automatic number plate recognition as having stayed in the ********* Park Car Park for 2 hours 32 minutes, which was longer than the maximum stay of 2 hours.
The Operator’s case is that the terms and conditions are displayed at the entrance and throughout the site and state that there is a 2 hour maximum stay. Copies of the conditions have been produced. They also state that a failure to comply with the conditions means that a parking charge notice will be issued. The Appellant does not dispute this.
The Appellant made representations, explaining that he returned to his vehicle within the 2 hours maximum stay period, but because the traffic was so bad he did not enter his vehicle but went to McDonalds to wait for the traffic to ease. This meant that he overstayed the maximum stay. The Appellant submits that the traffic was poorly managed.
The Operator rejected the representations. It is noted that the Operator fails to address the Appellant’s submissions or provide any reasons for rejection. The Operator produced a copy of the parking charge notice which contains images of the vehicle entering the site at 09.27 on 21 December 2012 and exiting at 12.00 the same day.
I must find as a fact that, on this particular occasion, the terms and conditions were clearly displayed, including the length of stay permitted. I must find that the Appellant overstayed the maximum stay. This was a breach of the terms and conditions. It is noted that the Appellant saw the traffic was bad and so went to McDonalds, however it is the motorist’s responsibility to comply with the terms and conditions for parking. On this occasion the Appellant stayed at the site for over 2 hours.
Accordingly, this appeal must be refused.
Shona Watson
Assessor

Eunos1

Im getting to the point where I just want this to go away! But I guess this is what they wanted me to feel like!!!

Coupon-mad

Eunos1 wrote: »

... shame on the recent advice as it contradicts what I was told before?

Eunos1 wrote: »

My appeal is posted on thread number 123.

But back on 10th March we posted replies to post #123.

In fact, the POPLA decision seems to have been based ONLY on your very first rushed email which is buried within the block of text in post 123. The bit about 'gridlocked' and 'going into McDonalds' is the only thing Shona seems to have seen, otherwise she would have mentioned your other strong points about PE not owning the land nor having a contract with the landowner, etc.

What happened to you sending the stronger email, did you quote the POPLA verification code when submitting the further email and make it clear what is was? Did you put in paragrahs so it could be read?! Did POPLA send an email receipt?

Anyway, if POPLA made a decision based on that first email only, then you can be sure that if ever the PPC follow this up with a small claim there will be MUCH more you can throw at them, because the decision is flawed and only based on a rushed, weak appeal (sorry!). Also pepipoo forum can help with a robust defence in the very rare cases of real Court papers following up a fake PCN.

So just relax and let us us know what happens next. DO NOT contact the PPC and DO NOT offer to pay any money.

Eunos1

I did send a stronger appeal with your advice and I did get an email response. I submitted it via their website in addition to the first appeal. Should I now wait for the next communication from them? I may resubmit my appeal again highlighting everything again just to make sure they get my points across!!!

Coupon-mad

Eunos1 wrote: »

I did send a stronger appeal with your advice and I did get an email response. I submitted it via their website in addition to the first appeal. Should I now wait for the next communication from them? I may resubmit my appeal again highlighting everything again just to make sure they get my points across!!!

You can't resubmit your appeal but I would email a complaint to POPLA saying that you emailed further points on xx/March which you got a response/acknowledgement for, but then Shona Watson has only based her decision on your first rushed email, when the second one added stronger points.

As for the PPC, yes, you are back to square one - no worse off IMHO especially as it seems your POPLA decision was flawed and didn't consider all the evidence you submitted. You are now ignoring and filing each letter and only take seriously a real Northampton Small Claim (you'd be able to tell the difference between that and the usual debt collector 'pay up or else! letters). If you did get a small claim you can get a robust defence for free, from pepipoo forum expert posters.