Parking Eye Letter Before Action

wallmap

Thank you so much Daisy, you must have sixth sense as we were indeed shopping for our holiday and did stop for lunch inbetween!

I have updated the letter to reflect our circumstances and have also made the other changes you suggested.

Many Thanks Wallmap

Custard_Pie

bazster wrote: »

Parking Eye has come up with a new tactic and is filing court claims in hundreds, maybe thousands. Up to you whether you take the risk, but there is a possibility that you will get one of these, although the risk is hard to quantify.

They already know who the keeper is. If you now notify them who the driver was then they can no longer pursue the keeper and must start all over again with the driver. The first thing they must do is to send a Notice to the driver. The driver can then challenge this with Parking Eye. The challenge will most likely be rejected, whereupon the driver can appeal to POPLA and very likely win.

When the Notice to Driver arrives, you can send in a "soft" appeal specifying some ground or other, doesn't really matter 'cos they'll reject it anyway. Lots of examples of such letters around the forum.

When it comes to POPLA it's all the usual stuff:

- No contract
- PE has no authority
- No loss/unenforceable penalty
- Unfair contract terms
- inadequate signage

...and so on and so forth. It'll run to several pages if we really go to town on it!

Perhaps a standard defense should also be " Haven't received my PoPLA appeal training yet, unlike probably the PPC" LOL

zzzLazyDaisy

wallmap wrote: »

Thank you so much Daisy, you must have sixth sense as we were indeed shopping for our holiday and did stop for lunch inbetween!

Oops, did I forget to mention I'm a witch.....

Coupon-mad

wallmap wrote: »

Thank you so much Daisy, you must have sixth sense as we were indeed shopping for our holiday and did stop for lunch inbetween!

I have updated the letter to reflect our circumstances and have also made the other changes you suggested.

Many Thanks Wallmap

Hope you sent it off last week, as you left it very late to respond to the LBA. Best of luck!

wallmap

Hi everyone

Update to say that Parking Eye have decided to cancel the charge.
Well done and thank you to all for the great advice and help! Especially Stroma, Coupon Mad and to LazyDaisy for getting me over the final hurdle :beer:

To other newbies, follow the wise advise of these people. It works.
:T:T:T:T

Stroma

You are welcome can I ask though did you tell them the name of the person responsible for the vehicle on that day ?

Umkomaas

Also, if I might ask, on what grounds did they (or you assume they did) cancel the parking charge?

Receipts, strong initial appeal, robust response to the LBA (or something else)? It would be helpful to the dozens (probably hundreds) of others in a similar situation with PE

wallmap

Stroma
Luckily on this occasion I as registered keeper was not driving so as I was out of time to appeal, as recommended I notified them of the keeper on the day (my partner). PE then sent the charge to the keeper on the day. Keeper then wrote a letter to PE with copy receipts to ask them to cancel the charge, my first draft was reviewed by lazydaisy in an earlier post.

Umkomaas
PE letter doesn't say why they agreed to cancel. Just that "We can confirm that this Charge has been cancelled there is no outstanding payment due on this account."

I'll put up a copy of my letter as I'd like to help others if I can.

Umkomaas

I guess it's the receipts that did the job. A pattern is definitely emerging.

Certainly worked for the person I was helping (off forum - and the sole reason I initially started reading the forum and later began to contribute. Never once did I ask any specific question about 'my' case, but read and learned. Newbies - it can be done without direct help).

Well done OP - glad you've got the carp out of your life.

wallmap

Dear Parking Eye

Parking charge notice dated xxxx.

The driver and family were visiting the x retail park to buy holiday items for their forthcoming holiday. They visited quite a few shops including Marks & Spencer, New Look, Next, Boots and Tesco at the retail park that day and as they were shopping for x people this was very time-consuming. The family then decided to have their lunch in the Tesco caf!, which was extremely busy and service took a long time. Following lunch the family then did their grocery shopping at the same Tesco store before leaving the retail park.

As you can imagine the family are very upset to now be penalised for being patrons’ of your clients' stores and taking what you consider to be too much time to spend their hard earned money there. Enclosed are copies of receipts for items purchased on the day by the family to verify they were genuine customers of the businesses on the retail park that day.

The driver denies all liability to your company’s speculative invoice and considers it to be an unlawful punitive charge and as such a penalty for visiting and spending money at the retail park. The car park at the x retail park is a free car park and the amount you are attempting to charge fails the test of representing a 'genuine pre-estimate of loss'. £0 fee for parking, therefore a £0 loss. If on the other hand Parking Eye does own the land, or does have a legal interest in the car park, and also does have the authority of the landowner to levy these charges, please provide a copy of the relevant sections of the contract that you are working under so that the following can be checked:
(a) the contract is actually with the landowner
(b) the limit of your authority to levy charges as some landowner contracts do not grant that authority.

Alternatively, the driver invites you to uphold this appeal and cancel this charge with immediate effect; otherwise complaints will be made to the stores at the retail park, your clients. A reply is expected within 35 days of the date of issue of this letter confirming the cancellation of this charge.

If you reject this cancellation request please provide within 35 days a POPLA verification code to allow an independent appeal, as per the BPA Code of Practice, where this unenforceable charge will be strongly challenged. The driver reserves the right to research and raise any further areas of appeal that may come to their attention in the meantime.

Regards