ParkingEye Ticket 0300hrs in empty car park

Funkypunky

I hope you can help me. I entered aldi car park boscombe 03:21:20 and left 05:23:16 a total of 2hour and 1min in an nearly empty car park while the shop was shut.

I have received a letter from the Parking Eye Car Park Management co based in chorley stating

"The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by Parking Eye Ltd, and that all customers must enter their registration (using the terminal inside) to qualify for free parking or the parking charge displayed will apply, along with other terms and conditions of the car par by which those who park agree to be bound.

(I am sure I bought a ticket but it will be long gone now)

By remaining in the car park for longer than was made permitted, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable.

We refer you to the notice to keeper which has been given under the protection of freedoms act 2012, schedule 4, para 9 (2) (f). We have been made aware by the vehicle hire / lease company that you were the hirer / lessee of the vehicle at the time of the parking event and they have provided your details, together with a copy of your signed hire agreement and statement of liability... etc... you have 22 days to pay ...

I wrote the following based on your template but have not sent yet. Please advise at your earliest opportunity. Many thanks Cher

Dear Sir or Madam,

Parking ticket number: xxx
Vehicle registration number: xxx


The alleged contravention did not occur. Quite simply, I was not parked inappropriately at the time the ticket was issued. This is due to the fact the Aldi shop was closed which caused no negative impact to the business. Your own video footage of my arrival and departure time clearly show this. Should you wish to pursue this further I please state the legal grounds which you intend to present in court?

I request you place your charges on hold. If I have received no response within 14 days I will assume this matter resolved.


Yours faithfully

Half_way

some of the templates on here are a little out of date - will post some more later ( unless someone beats me to it)
in short you should tell them you wont be paying it, and if they dont agree to your non payment then they should send you a popla code.

nigelbb

Funkypunky wrote: »

I hope you can help me. I entered aldi car park boscombe 03:21:20 and left 05:23:16 a total of 2hour and 1min in an nearly empty car park while the shop was shut.

I have received a letter from the Parking Eye Car Park Management co based in chorley stating

"The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by Parking Eye Ltd, and that all customers must enter their registration (using the terminal inside) to qualify for free parking or the parking charge displayed will apply, along with other terms and conditions of the car par by which those who park agree to be bound.

If Aldi wasn't open then how were you supposed to enter your registration using the terminal inside?

This case highlights the sly & devious behaviour of Parking Eye Ltd. If they don't want any cars in the car park at 03:00 then have a manual barrier & padlock it when Aldi shuts & unlock it when Aldi opens.

Coupon-mad

Forget the ancient templates in the site articles and just read the other PE threads on this forum, there are LOADS!

Just use the 'search this forum' button on the right above the current thread list on this parking forum, put in 'Eye' as the keyword (not 'Parking' for obvious reasons!) and change the tick-box to 'show posts', not show threads.

Happy reading, you'll soon see the sort of appeal you may want to use.

Funkypunky

Will revise letter and get back to you x:D

Funkypunky

I require you to either cancel speculative invoice No XXXXXX issued on XXXXXX. Or provide me with a POPLA code for the reasons stated below.

The alleged offence did not happen. I was not parked inappropriately at the time the ticket was issued. The Aldi shop was closed which caused no negative impact or genuine losses to the business. Your own video footage of my arrival and departure time clearly show this. I did not receive notification until over 14 days after the event contrary to the BPA's code of practice. To enforce a 24 hour a day rule you must provide a terminal outside the shop.

If I have received no response within 14 days I will assume this matter resolved.


Yours faithfully


Please tell me if this is ok? I must get it emailed today as I am working all over the Easter holiday with no access to internet.

Thank you everyone xx

Guys_Dad

Funkypunky wrote: »

I require you to either cancel speculative invoice No XXXXXXXXXX issued on XXXXX. Or provide me with a POPLA code for the reasons stated below.

The alleged offence did not happen. I was not parked inappropriately at the time the ticket was issued. The Aldi shop was closed which caused no negative impact or genuine losses to the business. Your own video footage of my arrival and departure time clearly show this.

The alleged offence occurred or dd/mm/yy. I did not receive notification until dd/mm/yy This exceeds the 14 days after the event contrary to SCHEDULE 4 of the Protection of Freedoms Act 2012 paragraph 9, as advised in the BPA Code of Practice

To allow motorists to enter their registration numbers as specified in your email, 24 hour a day rule you must provide a terminal outside the shop.

If I have received no response within 14 days I will assume this matter resolved.


Yours faithfully




Please tell me if this is ok? I must get it emailed today as I am working all over the Easter holiday with no access to internet.

Thank you everyone xx

" Things.

1. Are you 100% sure that there was no terminal outside the store? Normally they are.

2. Check the 14 day point. Here is what the schedule of the POFA says.


(4) The notice must be given by:

(a) handing it to the keeper, or leaving it at a current
address for service for the keeper, within the relevant period; or

(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.


Check that it is still outside the 14 days and check the date of their rejection to see if they have fiddled it.

Stroma

Please remove the invoice number from the thread, it's highly likely that they have now identified you and will be preparing to take you to court to try and embarrass the users here, won't you parking eye lurker ?

And it's not an offence at all so remove that from the email to them, and its not 14 days but 35 days of your appeal, this is in the code of practice

Guys_Dad

Stroma wrote: »

Please remove the invoice number from the thread, it's highly likely that they have now identified you and will be preparing to take you to court to try and embarrass the users here, won't you parking eye lurker ?

And it's not an offence at all so remove that from the email to them, and its not 14 days but 35 days of your appeal, this is in the code of practice

OP hasn't made an appeal yet, I don't think. "I wrote the following based on your template but have not sent yet."

I have read it that she only received PCN from camera pictures and it was outside the 14 days which would then apply. If I have that wrong, then my previous post needs altering.

Funkypunky

I have not sent anything yet. I am waiting till end of play today and all your lovely answer efore doing so...

I really can not remember. I don't live in Bournemouth I went there to flyer an event I'm organising for MacMillan Cancer Support. Luckily my friends sent me the photos after a face book request. I arrive at 3am because the club finished at 5am. I pulled into the car park there were 1 or 2 other cars parked and a lot of taxis with drivers waiting in line to take their turn in the taxi rank opposite.

I would definitely have read the sign and purchased a ticket if one was available. I am wondering if this is the case as they state "By staying in the car park longer than permitted..." however it was so long ago. Had it not been a hire vehicle i would have the sticker (If any) in my van still.

Guys_Dad

Funkypunky wrote: »

Stroma

I have edited as requested but can not remove it from GuysDad ...

Done. :beer: