Parking Eye Ticket

geminigirl1

on the 29th June my daughter was parked in a car park free for 3 hours ..she was booking her first holiday abroad for her family she stayed 10 mins over .. that's not the problem. They have her coming in and out of the car park.. saying that she was at this car park...but what they have done is stated the wrong car park on the ticket... the car park she was at was at the range car park they are saying she was at a retail park which she wasn't .. the retail car park has a big sign saying welcome to ...retail park there are no parking times etc free parking all day.
I have emailed Parking Eye they keep saying that we was there and keep saying the retail park and it isn't even called that... I have emailed them again and again they came back with they are not in the wrong you was parked in this retail car park.... how can I get it through to them she wasn't and where do I go from here .. please help she has 14 days to pay up as they have rejected this appeal
hope you all can help

frustrated st helens:mad:

zzzLazyDaisy

Okay, lets start again....

Is your daughter the registered keeper of the car?

I am assuming that the vehicle is not registered to an address in Scotland?

You say the parking 'event' happened on 29th June - what date was the PCN received?

What date did you first write to PE?

Did your letters expressly state that you wished to appeal?

In any of their replies, has PE given you a 10 digit verification code to appeal to POPLA? If so, what date was on that letter?

If you can provide this information, it will enable us to get a fix on where you are up to with this, so someone can help you.

Daisy

geminigirl1

hi Daisy

yes my daughter is the registered keeper
its registered in the uk
the first one was on the issued 11/07/2013

yes we wrote to them the same day 11/07/2013 saying it was an appeal twice with photos of the retail park they named on the ticket saying she was there in the letter.. but it was not the one she was in...they have the name wrong of it , but still say the same retail park on the letters

yes they have given the 10 digit ref number on al letters
dates were 24/07/2013 x2letters and 02/08/2013
Thanks
for your pre-help:T

zzzLazyDaisy

Hi, okay, you need to prepare a draft appeal to POPLA. Have a look at the POPLA decisions thread (start at the most recent and work backwards.) You'll soon get a feel for what points win at POPLA. In a way it doesn't really matter which car park it was in (although you should still make the point). The issues that win appeals are legal points about 'genuine pre-estimate of loss' and whether the PPC has authority to levy a charge, and issues about the signs.

It isn't as complicated as it sounds, just have a read and then have a go at writing an appeal. Post it here and someone will be along to help you.

Watch the time limit!

Dx

geminigirl1

hi Daisy
is that on POPLA website
I will do it tomoro .... and post it on here

ty for your help

Hayley:T

Guys_Dad

Reading your first post, I would appeal to POPLA in due course with my appeal being this one from their web site

Grounds of appeal

The grounds under which you can appeal the parking charge notice are as follows:

The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.

Now, to prove your point, given the current state of POPLA adjuication given to the Parking Prankster, you should take photos of the car park entrance and exit of the wrongly quoted car park and submit them as showing that the PPC has it wrong. That is, as long as you are sure they have it wrong.

You can also use the other appeal points as suggested, but it seems you have a killer point.

zzzLazyDaisy

geminigirl1 wrote: »

hi Daisy
is that on POPLA website
I will do it tomoro .... and post it on here

ty for your help

Hayley:T

Hi, no sorry, I mean the first thread on this forum, called POPLA Decisions.

Also if you can get easily get back to the two car parks that you are talking about, do what guys dad says (but don't just rely on that one point, just in case POPLA finds a way to disagree with you!).

D

geminigirl1

hi the PE ref number is 12 numbers long not 11 ????

Guys_Dad

If it was genuinely just 10 minutes she as over - and not half an hour - you have another get me out of jail free card. See here

http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

I quote:-

13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.

Now you had a period before and after parking, time to read the terms and conditions, driving in and out, and 10 minutes is well within the Grace period.

That will be your main appeal, but only if your 10 minutes wasn't a wild underestimate !!!!

geminigirl1

just found out she was 39 mins over ... what shall I do about the PE ref number being to long to go in the POPLA boxes??

I will look at the thread tomoro

zzzLazyDaisy

geminigirl1 wrote: »

hi the PE ref number is 12 numbers long not 11 ????

It is not PE's reference number that you are looking for.

It is a 10 digit POPLA verification code (see my first post on this thread).

If the notice to keeper was issued on 11th July then your 28 days for appeal is almost up (not sure what you mean by the 1st one being issued on 11th July - are we talking about two PCN's?).

If you don't have the POPLA code, you can't appeal to POPLA.

Check the letters from PE carefully to see if they contain the verification code.

If PE have twice rejected your appeal but have not given you a verification code, then a very robust letter is called for, something along these lines ..... (with apologies to the original author, who I cannot credit as I have forgotten which thread it came from )

---

I am writing to you regarding parking charge reference xxxxxxxxxx issued to vehicle regstration number xxxx xxx on xxdatexx.

I have received two letters from you dated xxx and xxx rejecting my appeals, but failing to provide a POPLA verification code.

My appeal is quite clear; the vehicle was not improperly parked in that the vehicle was not parked where stated on the parking charge notice. This is a perfectly valid ground of appeal as stated on the POPLA website.

You should now confirm acceptance of my appeal and cancel the charge, or provide a verification code in order for me to appeal to POPLA (in which case I reserve the right to rely on any further grounds of appeal that may be brought to my attention in the meantime).

No further correspondence will be entered into with you on this matter. If nothing further is received from you within 35 days of the date of my original appeal letter, I will assume that you have accepted my appeal and cancelled the charge.

Please note: A failure to provide a POPLA code would be a breach of the BPA Code of Practice. Be advised that failure to comply with a code of conduct to which you have committed would be an offence under the Consumer Protection from Unfair Trading Regulations 2008, and I would not hesitate to report such a breach to the BPA, DVLA and Trading Standards.

Yours faithfully

---

I will not be on the forum tomorrow, but if you need help, someone else will be along.

D