Booked by Parking Eye

Dave_TH

unamused_me wrote: »

THanks all ill be in touch on both threads. Goint to the 'orange DIY' store tomorrow to see what they have to say about the parking charges.

Just read your draft letter to Popla coupon mad...very mind blowing, can i really send that edited to popla eventhough its way over my head !!

The orange DIY store wont do anything, 99% certain they are not the land owners, they rent almost everything.

Stroma

Dave_TH wrote: »

The orange DIY store wont do anything, 99% certain they are not the land owners, they rent almost everything.

Yes but they are the leaseholder if not owned, and I would think that it's no coincidence that Parking Eye are in a lot of these car parks, I would guess they engage them.

unamused_me

Hi, I went to B&Q yesterday, didn thave chance to speak to the manager but the lady on he customer svs said if i have a reciept of any sort then they could do something for me, even she told me to ignore it she had one last yr from a Mcdonalds car park an ignored it an it didnt come to anything. Iv'e gone on Facebook to see if anyone has a receipt for time i parked there, even my local councilor FB'd me and has told me to ignore it..............so should i ignore or appeal?? Im getting a little confused now what to do for the best.
Cheers

edward123

unamused_me wrote: »

Hi, I went to B&Q yesterday, didn thave chance to speak to the manager but the lady on he customer svs said if i have a reciept of any sort then they could do something for me, even she told me to ignore it she had one last yr from a Mcdonalds car park an ignored it an it didnt come to anything. Iv'e gone on Facebook to see if anyone has a receipt for time i parked there, even my local councilor FB'd me and has told me to ignore it..............so should i ignore or appeal?? Im getting a little confused now what to do for the best.
Cheers

Follow the advice on here. Its up to date, it works, its free, it will end the scam quicker than the ignoring option and it will cost Parking Eye £27 + VAT.

Coupon-mad

unamused_me wrote: »

Hi, I went to B&Q yesterday, didn thave chance to speak to the manager but the lady on he customer svs said if i have a reciept of any sort then they could do something for me, even she told me to ignore it she had one last yr from a Mcdonalds car park an ignored it an it didnt come to anything. Iv'e gone on Facebook to see if anyone has a receipt for time i parked there, even my local councilor FB'd me and has told me to ignore it..............so should i ignore or appeal?? Im getting a little confused now what to do for the best.
Cheers

Ignore is OLD advice, used to be right for years. NOT NOW.

We know what we are doing so even though people used to ignore this scam (as I did myself, twice) that is not the best advice now.

But for goodness' sake stop rooting around looking for someone else's receipt (that would be fraud, tehnically, and 2 wrongs do not make a right!).

unamused_me

My 1st appeal letter is in the post today - Stromas draft. Ill fill you in in 2 weeks when I return. Look forward on all your advice on how to deal with POPLA.
Speak soon. Thanks again

unamused_me

Hi helpful people im back. I recieved my letter of rejection from parking eye with the popla code so now need to appeal to them. I have been doing my homework and reading through some of the forums and the advice you have given other people. A few points I was thinking of putting down are -

1. I was only 17 mins (2hr max) late and this does not jutstify £60-£100 parking invoice.
2. It was late afternoon/early evening, the car park was only 1/4 full so the 5 stores wouldnt have been out of pocket from me overstayning in a parking space.
3. On the notices there is nothing stating that you have to spend money in the stores to park there.
4. PE was totally bang out of order asking me for copies of my bank statments to prove I spent money (its against my human rights and some other Act I expect)

Please advise, I had my rejection on the 28th June.

thanks all

bazster

Your first point is useful but needs wording better. Points 2-4 will get you nowhere and you should avoid making them.

These are the kind of points you want:

- By making free parking available to prospective customers the owners and/or management of the retail park are clearly giving such prospective customers permission to park there. However, because the car park is free, the driver gave nothing to them in return for permission to park i.e. no consideration passed from the driver to them (or to ParkingEye), and where there is no consideration there is no contract.
- ParkingEye does not own the car park and I dispute that they have the authority to enter into contracts regarding the land or to pursue charges allegedly arising.
- The British Parking Association Code of Practice clearly states that drivers must be given a grace period (i) when they enter the car park, in order to decide whether they wish to park and remain and (ii) to leave the car park at the end of the parking; these two grace periods together would amount to more than the 17 minutes of the alleged overstay.
- The charge is intended to represent damages arising from an alleged breach of contract. This is clear from the following wording in the Notice to Keeper:

"By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted..." OP, please check that it does say this; PE notices usually do

Were a contract to exist (which is denied) there has been no loss to ParkingEye or the owners/managers of the retail park arising from the alleged overstay; accordingly the charge sought is an unenforceable contractual penalty.
- Should ParkingEye choose instead to claim that the charge is an agreed contractual charge (contrary to the wording in their notice) this fails on the grounds that (i) it is clearly punitive and intended as a deterrent, in that it only (allegedly) became payable upon the breach of other terms in the alleged contract (ii) no means of payment was available at the time the charge allegedly fell due and (iii) no VAT invoice was issued. Accordingly it is clearly a penalty and therefore unenforceable. Furthermore no terms of the alleged contract are individually negotiated, and the terms create a serious imbalance to the benefit of the company and the detriment of the consumer. Clearly, then, the terms of the alleged contract fall foul of the Unfair Terms in Consumer Contracts Regulations 1999.
- The wording from the Notice to Keeper quoted above fails to specify precisely which term of the alleged contract was allegedly breached; the Notice therefore fails to comply with the Protection of Freedoms Act 2012, Schedule 4 Clause 9(2)(c) and no keeper liability can arise.

You might also add, if appropriate, that the signage failed to comply with the BPA Code of Practice Appendix B, and that entrance signage that is not readable by the driver of a moving vehicle as he enters the land cannot bind that driver into a contract.

And finally you could challenge them to prove that their ANPR equipment was properly installed, maintained and working (BPA Code of Practice Section 21)

unamused_me

Thanks bazster, although a bit over my head that sounds great advice you have given me as i know you know what you are talking about. Can i copy the majority of the advice given and send that to popla? I dont have my notice to hand but will check the wording on my notice regarding your point above.

Thanks your a great help!!

bazster

Yes, please check the bit I have quoted from their usual notices. Anyone else want to comment or add anything before U.M. sends it off?