parking eye monacho in canvy

Coupon-mad

Yep but please don't just flit back for advice every time you get a letter. To fight a fake PCN the best advice is for you to go to page one and just READ some threads. All cases are the same, all cases are like yours, I really think we (the regulars) will self-destruct if we have to keep typing the same stuff again and again and again...

All you now need to do is read threads where people are appealing a fake PCN and read about POPLA appeals, look for links given to strong POPLA appeals. Personally I have just posted at least ten times like that today alone and will go on strike soon(!) if people can't just inform themselves a little, by simply reading the threads that are already here, just the first few pages would inform you no end.

londonmum2013

no letter about the appeal but received a reminder....today is the 60 deadline

coupon mad how can you say "please don't just flit back for advice every time you get a letter"

please dont just butt in when guys dad advised me to "Come back after you get the reply" !!

"just READ some threads"......yes that's what i did an didn't come across one that sounded like my case in the first 4 pages .....no harm in asking that's what this site is here for isn't it ??

"i really think we (the regulars) will self-destruct if we have to keep typing the same stuff again and again and again"...funny how you can still find the time to moan at us (the non regulars)

The_Slithy_Tove

What you have is not a reply as such, just another letter in the chain. It does make me wonder if they got your appeal at all. Did you send it in the post (did you get a receipt of posting) or by email or by web form? You should get an acknowledgement within 14 days and a decision within 35 (or an excuse why they want longer).

Coupon-mad

londonmum2013 wrote: »

no letter about the appeal but received a reminder....today is the 60 deadline

coupon mad how can you say "please don't just flit back for advice every time you get a letter"

please dont just butt in when guys dad advised me to "Come back after you get the reply" !!

OKAY...even though almost every thread you saw on page 1 - 4 was relevant and just like yours?

Not getting out of the car was fairly irrelevant so you didn't need to find one like that (even though we have had them regularly). Nor do you need to find one with the same parking company. You've got a scam fake PCN and you need to appeal that fake PCN, same as all the others, then win at POPLA with a strong appeal gleaned from other threads.

The point I was trying to make is that now is the time to read threads about POPLA appeals, to see the sort of appeal used at that stage. Rather than only coming back when you get each letter and not having found any POPLA appeal wording, because at that stage the POPLA clock is ticking and you may not immediately get a reply on here. It's holiday time so less regulars around to answer every single query.

Every thread is the same (except Scotland cases and small claims). Appeal, then POPLA - and it really does need some reading of relevant threads and the time to do that is before you get the POPLA code and feel in a rush.




P.S. Sorry I moaned, not the best time for me right now (close bereavement). :(

londonmum2013

my appeal was unsuccessful due to the fact it was a "pay & display/ paid parking car park only gerrr !! just got my letter


POPLA IT IS THEN

halibut2209

Have you got the code?

Read other threads and come up with a draft POPLA appeal letter, then post it here before sending it off

londonmum2013

yes they sent me a POPLA REF

Coupon-mad

londonmum2013 wrote: »

yes they sent me a POPLA REF

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


HTH

londonmum2013

Coupon-mad wrote: »

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


HTH

thank you for the head start so crap with this sort of thing really don't know here to stat with this

Coupon-mad

You can almost copy one from a case that looks similar to yours (one about not paying in a P&D car park, like the Parking Eye at Fistral beach one perhaps that you should find in my link). Make a few changes and then post the draft here first to make sure some posters can add any other comments, so you don't miss any winning points.

You can't use the 'no creditor on the Notice' paragraph that you may see in some examples because PE now do name the creditor.

However, as you can see from that link I gave you, there are details on 'what to include in a POPLA appeal' so make sure you include all those points, and you will need a 'no grace period' paragraph like in this one:


NO GRACE PERIOD - BREACH OF BPA CODE OF PRACTICE
The BPA Code of Practice indicates at paragraph 13.4 that the Operator should “allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.” And at 18.5 the Code says: ''If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.''

The signage in the car park provides no indication of the period of time it allows and this is unreasonable and an unfair contract term, especially as Parking Eye rely on pictures taken of a vehicle at first arrival and then when leaving (not showing any evidence at all of actual parking time). How can any driver make an informed decision here at this site? In a P&D car park the alleged 'contract' can only be made by clear signs on arrival (not the case here) or only after the driver has read the signs at the machine, paid and made a conscious decision to stay (did not happen and the driver left after realising payment would have been needed). To charge a driver for arriving and reading the signs, with no indication of that possibility on any signs and no way to drive out without being charged, is entrapment and an unfair term, therefore any alleged 'contract' would be unenforceable.

In reality, the driver believed it to be a free car park on arrival and the vehicle actually stopped/parked for less than 10 minutes which should certainly within any 'reasonable grace period' offered in any car park ostensibly 'run' by an AOS member firm. After getting the children ready to come to come out of the car, the driver realised it was a P&D car park (not clear from entrance signage, t&cs not seen from driver level at all). The driver then read a sign by a machine to see the costs and realised that they had no change. They looked for a change machine or shop where change could be obtained quickly but this would have caused undue delay and the driver was not willing to run the risk of getting a parking ticket. So they then put the children back in the car and drove out of the car park, unaware that cameras were recording entrance/exit and certainly not entering into any contract with Parking Eye.

No breach of contract by the driver can be demonstrated by their evidence at all because they have not shown any allowed Grace Period on the Notices nor in the reply to my appeal. And the entrance to this car park does not make it clear with any signage at driver level that it is a P&D car park. On that basis, the sum claimed fails to meet the standards set out in paragraph 19 of the BPA Code of Practice as well as breaching paragraph 13.4 and 18.5 on 'Grace Periods' and the Appendix on 'Entrance Signage'.