Parking eye fistral beach

lcbandituk

Hi

I have been reading the past threads and post on parking eye on this and other sites and thought I had come to a conclusion of ignoring a pcn but now reading your up to date posts not sure what to do.

My son and his friends all travelled down to Cornwall, after being stuck in traffic for hours decided to go park up at fistral bay. It was nearly 8pm so assumed, rightly or wrongly, that parking was free after that time, as it had been in the past. They have both just been issued with pcn's, time of actual stay equates to 1 hour 25 mins. Apparently the signs in the car park are very small, no sign big enough to notice on entering that the car park is a 24 hour one.

What recourse do we have other than them paying the actually notice? If the signs had been big enough to read they would've either just stayed the 20 min grace you have (only found that our from other threads so not sure its signed) or paid for a ticket. Both lads are on min wage so a £60 notice is quite a wedge for them. This as you will know goes up if not paid within 14 days.

I'm quite willing to fight this all the way.

The_Slithy_Tove

lcbandituk wrote: »

What recourse do we have other than them paying the actually notice?

How about not paying? As it's PE, you need to appeal. Whatever you say, it'll be rejected. Then appeal to POPLA with a strong appeal (for which you'll need to search around these forums for good appeal points, and run your appeal past the forum before sending in). A strong appeal on the correct legal and other points will be near guaranteed win.

Whatever happens, don't pay.

lcbandituk

So do we go down the line of ignoring letters or do we appeal on the grounds of their signs are not clear or visible when entering the car park? I do have other things I'm willing to try but no intention of paying but don't want a court case to materialise from it, I have seen some of the appeal letters on the forum but need to make them fit this senario

Guys_Dad

lcbandituk wrote: »

So do we go down the line of ignoring letters or do we appeal on the grounds of their signs are not clear or visible when entering the car park? I do have other things I'm willing to try but no intention of paying but don't want a court case to materialise from it, I have seen some of the appeal letters on the forum but need to make them fit this senario

As just posted on another thread. A checklist for POPLA

1. Do not make an appeal to the PPC till you receive the Notice to Keeper. This gives you time to assemble your case.

2. I/We didn't do it. If it is genuinely the wrong vehicle and you can prove it, this is the clincher. If it is an ANPR system, and they are using "first in last out", demand a full extract of all photos for the period in question that shows you entering and leaving twice, and if you have receipts that shows you elsewhere in between, so much the better.

3. The PPC has no contract with the landowner that allows them to charge me. Always demand that they produce documentation to POPLA. This should be in EVERY POPLA appeal.

4. The signs are not compliant with the BPA requirements. Check out the BPA COP and get them on the slightest error. See if any MSE member living locally is willing to check it out for you.

5. They failed to keep to the timescales as laid out in the BPA COP and POFA. Keep the paperwork and ensure that they have followed that to the letter.

6. The amount they are trying to charge is too high. Currently the BPA suggest £100 is the upper limit of the non-discounted charge.

7. They are not offering at least a 40% discount for "prompt payment" and are not giving you 14 days to pay that amount.

8. They have alleged a breach of contractual terms, but have not provided a breakdown of their actual losses arising from the breach, or any justification of their charge as a pre-estimate of loss. Under contract law, a party can only claim for their actual or liquidated losses, not an arbitrary sum. Currently, this point is the most common reason POPLA appeals are upheld.

Coupon-mad

lcbandituk wrote: »

So do we go down the line of ignoring letters or do we appeal on the grounds of their signs are not clear or visible when entering the car park? I do have other things I'm willing to try but no intention of paying but don't want a court case to materialise from it, I have seen some of the appeal letters on the forum but need to make them fit this senario

Advice and links given about appealing a scam fake PCN from PE at Fistral beach were on a thread here only yesterday; I expect you saw this:

https://forums.moneysavingexpert.com/discussion/4631097

Court case LOL! See what a scam this is by the comments on that linked article for a start! Of course the scumbags don't sign the car park compliantly and clearly, what's in it for them to do that?!

There will be no Court in your cases if you take our advice - but PE have been known to try a few cases against ignorers, hence we no longer advise ignoring. Both the registered keepers just need to learn about this scam and trust us by taking our advice re how to word a winning POPLA appeal!

They have to first challenge the fake PCNs to Parking Eye individually but do tell them (IMPORTANT!) they MUST NOT send a naïve appeal saying 'what happened' and they 'assumed' it was free. They mustn't even say who was driving, none of the usual soft appeal 'I parked and I did this/that'. Give them the same advice as just given here on a similar thread about another camera-based scammer. See the links here:

https://forums.moneysavingexpert.com/discussion/comment/61647745#Comment_61647745

Getting this scam cancelled involves just TWO challenge stages which are fairly easy to formulate emails or letters for. The POPLA one is much more detailed but there are loads of links to crib from and advice available to make sure you don't miss a trick at that second stage.

Come back when both the registered keepers get a POPLA code/form with their rejection letters in response to their carefully-worded first challenges.

lcbandituk

Ok thanks I will formulate a couple of emails for the lads

Cheers

Ps the second link isn't working

Coupon-mad

Just amended that second link which shows info and other links I gave on a Highview thread (similar business model and rubbish camera-issued fake PCN by post). So the link is now working, sorry about that it was copy/pasted from a previous reply - which doesn't always work on MSE.

lcbandituk

Ok thanks I'll have a look at the link, if I send the appeal letter to them via email will it matter that it will have my name on the email address? Assuming emailing is best as doesn't cost anything lol

Coupon-mad

No you have to give them a name and postal address when appealing but you are appealing as the registered keeper.

lcbandituk

But they have that already as they sent the pcn, thought I'd seen on another post that they could be emailed or am I getting confused ?

Coupon-mad

lcbandituk wrote: »

But they have that already as they sent the pcn, thought I'd seen on another post that they could be emailed or am I getting confused ?

They can be emailed if their letter says they can, otherwise post the challenge. And if they already have your name/address it matters not if you quote it so I would.