Parking Eye PCN DW Fitness Ipswich

Parking27

Dear Forum Users,

I've really enjoyed reading a selection of threads regarding 'Parking Eye Car Park Management', although I am a little confused as to whether I should appeal my recently received Parking Eye Parking Charge Notice or just ignore it.

As quick background, I swim most evening's at DW Fitness gym in Ipswich. On the 28/11/2012 I appear to have forgotten to sign in at the gym with Parking Eye's computer parking console.

If you sign in you are allowed to stay for 4 hours. If not parking is limited to 50 minutes. There are no meters or charges to park in the car park adjacent to DW Fitness. However, there is signage around the car park informing everyone that it is managed by Parking Eye.

According to Parking Eye Notice addressed to me my vehicle :-

Arrived at site at :- 20:59 on the 28/11/12
Departed site at :- 22:03 on the 28/11/12

They have issued a Parking Charge of £100, reduced to £60 if paid within 14 days (12/07/13)

The reason for the delay in issuing the Charge is that they wrote to my old address and have informed me I have not updated the DVLA.

My research indicates that I should either :-

1. Ignore their notice as they have to prove who was driving the vehicle and I can just say I am the keeper of the vehicle

2. Ignore the Charge as it is an invoice not a penalty enforcement, and thus unenforceable

3. Write to them informing them that the notice is - The fee is disproportionate - According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner of nil payment charged to park on the land.

Please could someone put me on the straight and narrow, as I'm more than a little annoyed to have received the Notice.

Many Thanks, and my apologies if this query has been perhaps answered elsewhere.

Parking27

Guys_Dad

Parking27 wrote: »

Dear Forum Users,

I've really enjoyed reading a selection of threads regarding 'Parking Eye Car Park Management', although I am a little confused as to whether I should appeal my recently received Parking Eye Parking Charge Notice or just ignore it.

As quick background, I swim most evening's at DW Fitness gym in Ipswich. On the 28/11/2012 I appear to have forgotten to sign in at the gym with Parking Eye's computer parking console.

If you sign in you are allowed to stay for 4 hours. If not parking is limited to 50 minutes. There are no meters or charges to park in the car park adjacent to DW Fitness. However, there is signage around the car park informing everyone that it is managed by Parking Eye.

According to Parking Eye Notice addressed to me my vehicle :-

Arrived at site at :- 20:59 on the 28/11/12
Departed site at :- 22:03 on the 28/11/12

They have issued a Parking Charge of £100, reduced to £60 if paid within 14 days (12/07/13)

The reason for the delay in issuing the Charge is that they wrote to my old address and have informed me I have not updated the DVLA.

My research indicates that I should either :-

1. Ignore their notice as they have to prove who was driving the vehicle and I can just say I am the keeper of the vehicle

2. Ignore the Charge as it is an invoice not a penalty enforcement, and thus unenforceable

3. Write to them informing them that the notice is - The fee is disproportionate - According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner of nil payment charged to park on the land.

Please could someone put me on the straight and narrow, as I'm more than a little annoyed to have received the Notice.

Many Thanks, and my apologies if this query has been perhaps answered elsewhere.

Parking27

Insufficient research, naughty naughty!

Apart from getting DW to cancel the charge (first step- see manager), you do not ignore. Parking Eye are militant and take people to court these days - well at least issue court papers.

Your first step, get DW to get the charge cancelled. If the manager won't or can't help is to write to the PPC with what we call a soft appeal, expecting it to be turned down. Incidentally, what information do you need to "sign in" with??

You then wait for the rejection, use the POPLA code to put in a proper appeal to POPLA. DO NOT DO THAT WITHOUT OUR GUIDANCE.

What address were you living at when the contravention occurred - old or new? If New, why didn't you inform the DVLA and why, out of curiosity, didn't you have a mail forward to your new address?

The soft appeal would read something like this.

Name
Address

Date


Dear PPC,

Your invoice xxxxx dated xxxxx.

The driver does not recognise your authority in this car park or your right to impose any terms, conditions or contracts on parking motorists, and wishes to appeal on that basis.

If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons for the appeal above. I have nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.

Yours faithfully



Print Name ( don't sign )

bazster

Well out of time for POPLA. According to POFA the Notice to Keeper is given when it is sent to the keeper's registered address, so if that's where PE sent it originally then so be it.

Ignore is the only option really, come back if they ever send you real court papers. Plenty of defences. In their minds the Protection of Freedoms Act 2012 means that they can hold you liable as the keeper. I think otherwise, but they may not stop them trying!

Guys_Dad

bazster wrote: »

Well out of time for POPLA. According to POFA the Notice to Keeper is given when it is sent to the keeper's registered address, so if that's where PE sent it originally then so be it.

Ignore is the only option really, come back if they ever send you real court papers. Plenty of defences. In their minds the Protection of Freedoms Act 2012 means that they can hold you liable as the keeper. I think otherwise, but they may not stop them trying!

Depends upon what the letter to keeper just received says and whether OP had updated their details on DVLA in time.

Point I took in favour was the fact that current letter acknowledged that the previous communications were for an old address and had offered original discounted terms. So it might read "Notice to Keeper" and, of course, POPLA accept out of time appeals for special circumstances.

So, wait for replies to questions to OP.

Coupon-mad

bazster wrote: »

Well out of time for POPLA. According to POFA the Notice to Keeper is given when it is sent to the keeper's registered address, so if that's where PE sent it originally then so be it.

Ignore is the only option really, come back if they ever send you real court papers. Plenty of defences. In their minds the Protection of Freedoms Act 2012 means that they can hold you liable as the keeper. I think otherwise, but they may not stop them trying!

Well if PE have just re-sent him a Notice to Keeper then I would say he should send an appeal as it doesn't tell them anything and may just get him that golden ticket to POPLA. Nowt to lose by sending the letter but if he can also prove that 'the driver' was in the gym that day (from the gym's records but without showing his name connected to being the driver!) then that may be enough for PE to cancel it.

Obviously that's only an appeal point to try at this stage and NOT one for a POPLA appeal which is completely different.