Parkingeye PCN appeal

Satnile

Hi,

My wife has received a PCN from parkingeye within 14 days from the parking incident in a free parking retail park. She doesn't read English to be able to understand the sinage. Is it worth appealing to ParkingEye on this ground that she has not entered into contract with them due her inability to read the sinage in English? or do you recommend another course of action?

many thanks

Hovite_2

You do need to appeal so you can get a POLA code ( assuming this took place in England or Wales ).

Your suggestion for an appeal point is an interesting one and you should use it for your appeal with Parking Eye. After all, surely the basis of a contract is that the person entering into it has read and understood it - if they can't read it how can they enter into it ?

The_Slithy_Tove

And when appealing, make it clear that you are doing so as the registered keeper, and don't give the name of the driver. Just refer to her as "the driver".

Coupon-mad

First course of action is for someone who does speak English well to accompany her with receipts from that day and the fake PCN, to the stores she spent money at and complain. Often a Store Manager will be able to cancel a fake PCN if a customer complains promptly. It's not an appeal, you aren't begging you are COMPLAINING about this harassment of paying customers.

Second course of action within 28 days of the Notice to keeper is to appeal, yes, written by the registered keeper WITHOUT saying who was driving (even if that was the same person).

How about:


'Dear Sir/Madam,
Re fake PCN number xxxxxxxx

I am the registered keeper of the above car and I visited the car park in question after receiving your Notice to Keeper, in order to try to read the signs. But because the signs are too high and with barely legible size of small print, I found them very hard to read and understand. The driver would not have been able to read and understand these terms and in addition, I should state that English is not the driver's first language.

I enclose copies of receipts from the driver that day as they were a genuine customer and should be exempt from your threats.

The charge you are seeking to claim is punitive, extortionate and wholly unrelated to any loss you can be making in the car park, where the owner/occupier offers free parking. Clearly your only 'income' in that car park is from people who pay fake PCNs, reminiscent of some sort of shady protection racket.

As such the amount fails the test of representing a 'genuine pre-estimate of loss'. Parking Eye do not enjoy ownership or legal interest in this car park in any sense and cannot possibly be running a business model at a permanent loss, save for some claw-back from people who are intimidated or naive enough to believe they have a parking ticket. The truth is this is pure income for Parking Eye and I will not add to your profits.

I suspect that the local Planning Department would be interested to hear that you are running a business in this car park and would be pleased to be able to pursue the rightful occupiers/landowners for business rates on this land, now that this has been exposed.

And as regards your apparent 'breach' allegation it is clear that you offered no consideration that could have created any contract with the driver and there was no offer capable of resulting in any acceptance. So the elements of a contract are conspicuous by their absence and there has been no loss or damages resulting from any provable 'breach'. You have not convinced me of your case.

Send me a POPLA code or cancel the fake PCN before I write to the CEO of the Retailers on site and to the Managing Agents of the Retail Park to protest about your intimidation of a paying customer.

yours,


PRINT NAME'





BUT complain first in fact, it's easier!!

Satnile

Many thanks to every body but especially to Coupon-mad, I shall heed your advice.

Satnile

Regarding your excellent letter, my wife is the registered keeper so how to word the complaint to avoid mentioning her as the driver.

Coupon-mad

She writes it just like that. No different, with 'the driver' in the third person.

Satnile

Coupon-mad wrote: »

She writes it just like that. No different, with 'the driver' in the third person.

So if I am going to write on her behalf, I would say: My wife is the registered keeper of the car and English is not her first language which meant she couldn't read and understand the sinage.

It will be obvious that she was the driver!!!

Guys_Dad

Satnile wrote: »

So if I am going to write on her behalf, I would say: My wife is the registered keeper of the car and English is not her first language which meant she couldn't read and understand the sinage.

It will be obvious that she was the driver!!!

So you obviously don't say that !

You write that the keeper does not have English as their first language and that this letter is being written on the keeper's behalf but signed by her.

Alternatively, write the appeal in her native language and see how they get on reading something they can't understand!