Parking eye pcn

Mido

Hi
I went to Welcome Break service at south Mimms on the M25 on a Sunday and to my surprise l got a Parking Charge Notice from PARKING EYE for £100 with a photo of my car saying l had parked for over the allotted 2 hours free parking without buying a parking permit. I was parked there for 2 hours 49 minutes and l did not notice any sign about this 2 hour free parking. I have been given the option to pay £60 if l paid within 28 days. What should l do any help would be appreciated.

Guys_Dad

Well, I would spend a bit of time reading through threads on here that give you the advice while you are waiting for any specific help.

Virtually any thread says that you write the PPC a soft appeal after you get the notice to keeper through the post, get the POPLA code and put in a robust POPLA appeal.

Look into a few while waiting for specific help.

Coupon-mad

Read other threads about Parking Eye fake PCNs. There are flippin' loads on here all over the forum like a rash. Start with Muffin the Mule's thread which is near yours at the moment and is about a Motorway Service Area as well.

Of course you don't pay the thing, you challenge it (I would do a stronger challenge not a soft one - see Muffin the Mule's thread) and then you will win at POPLA with our help to word it, like on all the other threads!

Mido

Thank you good people i will read the threads first as advised.

Stroma

Did you get the notice to keeper within 14 days ?

Mido

Here is a copy of the complain letter to PE below. Please do let me know if this is ok. thanks.

The Keeper
XX XXXXXX
XXXXXXXXXXXXXX
Date XXth XXXX 2013


RE: Parking Eye INVOICE REF XXXXXXXXXXX


In reference to the speculative invoice REF XXXXXXXXX dated 10th July 2013, the keeper denies all liability to your company.

The car was at Welcome Break service at south Mimms on the M25 on a XXXXX and to my surprise the keeper got a Parking Charge Notice from PARKING EYE for £100 with a photo of my car saying the keeper had parked for over the allotted 2 hours free parking without buying a parking permit. The keeper was parked there for 2 hours 49 minutes and did not notice any sign about this 2 hour free parking. The keeper has been given the option to pay £60 if l paid within 28 days. What should l do any help would be appreciated.

The Keeper wish to appeal on the basis that Parking eye do not have the authority of the landowner to levy these charges. The Keeper require Parking Eye to supply a copy of the relevant sections of the contract that Parking eye are working under in order for The Keeper to check (a) the contract is, in fact, with the landowner whose details have been supplied to The Keeper by the council and (b) in order for The Keeper to check the limit of Parking Eye’s authority to levy charges as some landowner contracts do not, in fact, grant that authority. If Parking Eye are unwilling to provide The Keeper with this, then The Keeper require, in accordance with the BPA and POFA regulations, a POPLA code in order for The Keeper to take is appeal to POPLA.

In addition, as your Notice to Keeper is in breach of the Protections of Freedoms Act 2012. If you reject this challenge the keeper requires within 35 days a POPLA Code verification code for them to appeal independently, per Version 3 of the BPA Code of Practice.

I trust now that you have received this complain letter, you will review the charge as it would be a punitive charge and cancel this invoice,

After checking thoroughly with your signage and the BPA guidelines (appendix B; 18.2, 18.3, 18.4) See below. I believe that they are deficient and this is a further reason why I require a POPLA code. I refer you to the POPLA web site for the required timescales for a response.

I will of course require a POPLA code and reserve the right to raise additional points of appeal at that stage, as well as complaining to your client, the Retail Park Management and the landowner and the Store Managers too so they are alerted to the reason why the keeper is minded not to return if this is how genuine customers are treated.









The Keeper

XX XXXXX

Buzby

Alternatively - you never saw the sign, so no contract exists. It is just junk mail, let them write - there is absolutely nothing else they'll do as it isn't cost-effective.

POPLA is a recent time-wasting alternative 'arbitrator' cobbled together to please the Govt (not you). Treat them with equal contempt - you had enough to do navigating round the M25 safely than handle all this needless 'busy work'.

nigelbb

Buzby wrote: »

Alternatively - you never saw the sign, so no contract exists. It is just junk mail, let them write - there is absolutely nothing else they'll do as it isn't cost-effective.

POPLA is a recent time-wasting alternative 'arbitrator' cobbled together to please the Govt (not you). Treat them with equal contempt - you had enough to do navigating round the M25 safely than handle all this needless 'busy work'.

More stupid advice from Buzby. Presumably the OP can turn to you when they get court papers from ParkingEye as many hundreds possibly thousands of people have in the last few weeks?

Ignoring ParkingEye's invoice will result in a stream of threatening letters from the PE, debt collection agencies & solicitors. It also leaves the very real threat of court action hanging over the victim for six years & if they move during that time could end up with a default judgement & CCJ. Alternatively with a couple of letters and a successful appeal to POPLA this nonsense will quashed before it even starts properly. That's why the responsible posters on MSE don't give advice to ignore. Even if the victim is clued up enough to fight a court case it is an awful lot less stressful to have POPLA kill it & not have to worry about it.

Frankly telling people to ignore these PPC claims is just stupid advice when it's so straightforward to bring the whole affair to a swift conclusion. Even if it's a numbers game & your chances of getting taken to court are 1 in 100 it still doesn't give much comfort if you turn out to be that 1 even if you go on to win.

Here is a link to a successful appeal to POPLA where the circumstances of the "parking crime"s are almost identical to the OP http://forums.moneysavingexpert.com/showpost.php?p=62520745&postcount=144

Guys_Dad

This is very badly constructed and looks like what it is - cut and paste from lots of places and obviously written by someone who doesn't understand what they have written.

For example

1 It is addressed to the Keeper!
2. It admits that the keeper was parked for over 2 hours, thereby identifying the keeper as the driver.
3. You say the NTK is in breach of POFA2012. And if anyone asks you "How?" you would say.....what?
4.You have asked for the POPLA code at least twice.
5 You have actually written in the appeal " The keeper has been given the option to pay £60 if l paid within 28 days. What should l do any help would be appreciated."

You must try to compose a coherent, sensible appeal. Either a proper one, which we don't suggest, or a soft one. This one is frankly terrible.

Sorry to sound disparaging, but if I was PE, I would sense I was dealing with someone who hadn't a clue and target you all the way to POPLA or court.

nigelbb

Here is a link to a case almost identical to yours with the appeal sent to POPLA & the resulting win. This is how to construct a successful challenge.

http://forums.moneysavingexpert.com/showpost.php?p=62520745&postcount=144

Coupon-mad

nigelbb wrote: »

Here is a link to a case almost identical to yours with the appeal sent to POPLA & the resulting win. This is how to construct a successful challenge.

http://forums.moneysavingexpert.com/showpost.php?p=62520745&postcount=144

Yep but that's the POPLA appeal of course and for the moment the OP just needs an initial one for PE.

To Mido, your letter to PE can be a short challenge or a longer one showing them you mean business. Someone saw off UKCPS with a strong first appeal and we know Parking Eye are struggling to cope with appeals:

http://forums.pepipoo.com/index.php?...pic=79697&st=0

but here's a thread talking about soft/short appeals, with links to examples:

http://forums.pepipoo.com/index.php?...st=20&start=20

and here's a very recent post from Guys Dad suggesting grounds that should certainly be in even the shortest first challenge, in order to extract a POPLA code:

http://forums.moneysavingexpert.com/...3#post62538833

Either way you will be wanting a POPLA code if they do not cancel the fake PCN, and either way you must write in the third person as the 'keeper' NOT implying who was driving (as you will see from the linked examples, write about 'the driver' in the third person).

HTH