Parking eye replied to my appeal

Italianboy

Dear MSE, I will try to be brief because I know that you've had millions of these questions on this forum and it might be frustrating.
My wife went to Morrison and parked after 45 minutes of driving around looking for a space. She then stayed in the supermarket for 1hr and 20 minutes because it was busy and left. After a couple of weeks we've received the PCN and, after reading several threads on this forum, I've decided to challenge it.
I've sent my letter (which I can submit a copy without any of my details if that helps) and yesterday I got 2 letters in response, none of those referring me to POPLA. I guess that the reason is that I told them that was the wife and not me driving but I haven.t given them her address. I also challenged the fact that the amount was too high and I've asked them a breakdown of the charges, to which they replied with a list of things like maintenance of the car park, signs, employment of the staff etc...

Without going any further, I've got 2 questions that I would like to ask:
1) Do I give them my wife's address and continue challenge it?
2) Do I ignore this (I guess it's too late though...) because they have not followed the BPA code of practice 22.12 ?

Thanks in advance, please let me know if you'd like me to post the letters (without any details of course).

Umkomaas

Date of parking event?
Who did they address their first letter to?
Is this person the Registered Keeper?
Are they pursuing the RK under the Protection of Freedoms Act 2012, indicated via their first letter?
Was this an ANPR camera capture?
If so, did the letter arrive with the RK within 14 days of the parking event?
Did the letter state specifically who 'the Creditor' is?

That will do for now. Once we get replies to above we can advise on next steps.

Guys_Dad

Give wife's address and say you have discharged your obligations under POFA and expect to hear no more.

Now, do you have receipt or card/bank evidence of your Morrison shop on that day?

Dual approach. Go to Morrison and ask manager with proof of purchase to get ticket cancelled. Only manager, not customer service. If he says ok, job done. If not...........
When wife gets notice to driver, appeal as a genuine shopper with proof of shopping to PPC and ask for charge to be cancelled. Or POPLA code.

This can work.

If appeal refused, please come back on this thread. If cancelled please let us know.

Italianboy

Umkomaas wrote: »

Date of parking event?
Who did they address their first letter to?
Is this person the Registered Keeper?
Are they pursuing the RK under the Protection of Freedoms Act 2012, indicated via their first letter?
Was this an ANPR camera capture?
If so, did the letter arrive with the RK within 14 days of the parking event?
Did the letter state specifically who 'the Creditor' is?

That will do for now. Once we get replies to above we can advise on next steps.

Hi there, date of the event 15/07 and the PCN arrived on the 29/07 claiming to be a reminder but I never got the 1st one, the letter was always addressed to me (the RK), there was a camera therefore there were 2 pictures on the letter.

Give wife's address and say you have discharged your obligations under POFA and expect to hear no more.

Now, do you have receipt or card/bank evidence of your Morrison shop on that day?

Dual approach. Go to Morrison and ask manager with proof of purchase to get ticket cancelled. Only manager, not customer service. If he says ok, job done. If not...........
When wife gets notice to driver, appeal as a genuine shopper with proof of shopping to PPC and ask for charge to be cancelled. Or POPLA code.

This can work.

If appeal refused, please come back on this thread. If cancelled please let us know.

Unfortunately my wife paid cash and has no receipts (she just doesn't keep them for so long), therefore going to speak to Morrison is out of the picture I guess.

Thanks for your quick replies by the way, I will be waiting for some more

Guys_Dad

Something fishy on the dates. If this was an ANPR then they should send NTK to owner within 14 days. And then give you 14/28 days to respond. (can't remember which at present).

So how can they claim this letter was the 2nd?

Treat this as the NTK for a minute. Does it comply fully with all the mandatory legal requirements as laid down by POFA and even the BPA Cop?

If it doesn't then you have them as it fails as an NTK and it fails on the time-frame requirements as to not giving you the time to respond.

Italianboy

Guys_Dad wrote: »

Something fishy on the dates. If this was an ANPR then they should send NTK to owner within 14 days. And then give you 14/28 days to respond. (can't remember which at present).

So how can they claim this letter was the 2nd?

Treat this as the NTK for a minute. Does it comply fully with all the mandatory legal requirements as laid down by POFA and even the BPA Cop?

If it doesn't then you have them as it fails as an NTK and it fails on the time-frame requirements as to not giving you the time to respond.

Hi Guys Dad, from what I can see the first 1 was meant to be sent on the 18th but I've never received it (how can I prove that?)
I've checked the letter and I think it complies with the legal requirements, but I can post it if you want.

Thanks

Italianboy

PS: I've Facebook messaged Morrison and complain there.
They have replied asking me for some details and said they might help.
Fingers crossed...

Italianboy

Dear MSE, I've now received a letter addressed to my wife (I've told them she was the driver) rejecting the appeal and referring to the usual FAQs but this time they've listened and send me a POPLA appeal form with a number. Any tips?
Thanks

Coupon-mad

Italianboy wrote: »

PS: I've Facebook messaged Morrison and complain there.
They have replied asking me for some details and said they might help.
Fingers crossed...

What happened about that complaint then, don't let Morrisons off the hook as this is their fault! People ARE getting these fake PCNs cancelled when they show receipts and complain:

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

Italianboy wrote: »

Dear MSE, I've now received a letter addressed to my wife (I've told them she was the driver) rejecting the appeal and referring to the usual FAQs but this time they've listened and send me a POPLA appeal form with a number. Any tips?
Thanks

This tells you how to do a strong POPLA appeal and links about what to include:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

but follow up the complaint first with an email to Morrisons CEO which I think is still:

[EMAIL="dalton.philips@morrisonsplc.co.uk"]dalton.philips@morrisonsplc.co.uk[/EMAIL]

Give it a week with Morrisons to get it cancelled by complaining and not being soft about it! But if you don't get anywhere, don't miss your POPLA appeal!

Italianboy

Dear forum, I am so happy because thanks to all your advices I've managed to win this small battle.
POPLA wrote me a letter with the outcome of my complain and they said that the amount that Parking Eye was charging does not reflect the losses that they incurred due to my wife overstaying in the car park.
I am so happy because all the letter were showing how arrogant these people are(Parking Eye) and I am so happy that you guys are here to help.
Thanks again

Redx

excellent news

please post up a redacted copy of your appeal verdict in the SUCCESSFUL POPLA threads at the top of the forum

thanks