Parking Eye Premier Inn Manchester

eatapeach

So I overstayed my welcome in the car park and I've received a Parking Charge Notice. I paid for as long as I thought my meeting would last but it overran and I now have a penalty charge of £100 (£60 if I pay within 14 days). I'm not disputing this but it's the scale of charges that is out of order - if I'd paid on a meter on the road and then been late outside I'd have got a £25 fine.

How do I appeal this - do I write to Popla? Can anyone please point me to a set format for this letter?

thanks

Coupon-mad

eatapeach wrote: »

So I overstayed my welcome in the car park and I've received a Parking Charge Notice. I paid for as long as I thought my meeting would last but it overran and I now have a penalty charge of £100 (£60 if I pay within 14 days). I'm not disputing this but it's the scale of charges that is out of order - if I'd paid on a meter on the road and then been late outside I'd have got a £25 fine.

How do I appeal this - do I write to Popla? Can anyone please point me to a set format for this letter?

thanks

If it was a postal fake PCN you should challenge it now (if it's a fake PCN on the windscreen we always say WAIT for the first postal notice to keeper).

This thread explains what to do:

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

Do not say who was driving, write the first challenge as shown, either a short or a longer one, not takling about 'what happened' either.

At POPLA stage you'll need a different stronger appeal so read other threads & learn from them in readiness but do ask for help before POPLA stage.

eatapeach

Coupon-mad wrote: »

At POPLA stage you'll need a different stronger appeal so read other threads & learn from them in readiness but do ask for help before POPLA stage.

OK - so I've got the response from PE telling me my appeal has failed, and giving me a POPLA ref. I've done a bit of reading of other threads, and also read the FAQs on the letter from PE.

I guess it's on to a stronger challenge - any ideas for a case when time allowed to stay has been exceeded? Do I need photos of the site and the sign?

thanks

kirkbyinfurnesslad_2

No eatapeach.

Your appeal will not be passed on "what happened".

Drop an email to info@popla.me.uk and I shall sort appeal out for you

bazster

eatapeach wrote: »

OK - so I've got the response from PE telling me my appeal has failed, and giving me a POPLA ref. I've done a bit of reading of other threads, and also read the FAQs on the letter from PE.

I guess it's on to a stronger challenge - any ideas for a case when time allowed to stay has been exceeded? Do I need photos of the site and the sign?

thanks

No you don't need photos.

Firstly you check the dates on the first notice you received. Did you receive it within 14 days of the date of the alleged event, taking into account 2 working days for postage? (e.g. if the event was on 10th June, they would've needed to issue the notice on 20th June at the latest in order for you to receive it by 24th). If the notice was out-of-time it is invalid and they can no longer hold the keeper liable, so this would be your first appeal point.

Next, if it's a standard EYE01 Notice to Keeper, it will be invalid because of this wording: "By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted...". The law (Protection of Freedoms Act 2012) requires them to describe the circumstances giving rise to the charge. Saying "it might've been this or it might've been that" doesn't wash. So the Notice is invalid on that point and, again, they can no longer hold the registered keeper liable. That's your next appeal point (or your first one if they were OK on the dates).

Next, dispute their authority to offer parking on this land or to pursue damages or charges in relation to parking, and insist they prove this authority by producing their contract with the landowner.

Next, it's clear from the same wording I quoted above that this is a claim relating to breach of contract for not paying for parking time, or maybe for staying too long (we're not sure which!). Damages for breach of contract must reflect a genuine pre-estimate of liquidated losses. This claim does not do so, because neither Parking Eye nor the landowner has sustained any loss as a result of the alleged breach. The charge is therefore a contractual penalty, which is unenforceable as established by much case law going back many years.

Next, the signage was inadequate and not compliant with the BPA Code of Practice. You don't need photos, you just need to make the challenge. It is then up to them to prove that their signage was up to scratch, which it probably wasn't.

If they are relying solely on photographic evidence, which they probably are (timestamped entry and exit photos of your vehicle) you require them to demonstrate that their equipment was properly maintained and functioning.


That'll do to be going on with, but hold fire for a few hours in case anyone wishes to add further points.

Guys_Dad

Your timetable is a little out, bazster.

'Offence ' - 10th
Motorist must receive NTK no later than 25th (14 days from day after alleged contravention).

If 15th day is Saturday,Sunday or Bank holiday, then it is the last week day before that.

bazster

Guys_Dad wrote: »

Your timetable is a little out, bazster.

'Offence ' - 10th
Motorist must receive NTK no later than 25th (14 days from day after alleged contravention).

15 days (count 'em): 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24.

24th is a Monday.

Guys_Dad wrote: »

If 15th day is Saturday,Sunday or Bank holiday, then it is the last week day before that.

It's deemed given two working days after the date on which it was sent, so to get there by the weekend it has to be sent by Wednesday. But in my hypothetical example it has to be there by Monday, so it has to be sent by Thursday.

If you send it on Friday it's not "given" until Tuesday.

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

nigelbb

The 14 days within which an NTK must be received is elapsed time taking no account of weekends or Bank Holidays. POFA helpfully has some extra explanation about how long the NTK can take to arrive by post which does allow for weekends etc. Don't get these confused.

If the parking "crime" was committed on 10th then the NTK must be received by 25th (14 days counting from the day after the "crime"). 25th June is a Tuesday so the NTK must be postmarked at latest Saturday 22nd June as it is deemed to be delivered two working days later i.e. Tuesday 25th.

bazster

nigelbb wrote: »

The 14 days within which an NTK must be received is elapsed time taking no account of weekends or Bank Holidays. POFA helpfully has some extra explanation about how long the NTK can take to arrive by post which does allow for weekends etc. Don't get these confused.

If the parking "crime" was committed on 10th then the NTK must be received by 25th (14 days counting from the day after the "crime"). 25th June is a Tuesday so the NTK must be postmarked at latest Saturday 22nd June as it is deemed to be delivered two working days later i.e. Tuesday 25th.

No! 14 days after the 11th is the 24th! You can't simply add 14 to 11, that'll get you the 15th day!

Look at my list above and just count the dates!

Guys_Dad

bazster wrote: »

No! 14 days after the 11th is the 24th! You can't simply add 14 to 11, that'll get you the 15th day!

Look at my list above and just count the dates!

Yes, sorry, you are quite correct about the days.

Age is dulling my maths!

nigelbb

bazster wrote: »

No! 14 days after the 11th is the 24th! You can't simply add 14 to 11, that'll get you the 15th day!

Yes you can. The 15th of the month is 14 days after the 1st of the month. Days are counted as elapsed time i.e per 24 hours. POFA refers to a "period of 14 days" i.e. 14 elapsed days i.e. 14 x 24 hours. Counting your way gives a period of 13 days.