Parking Eye Churchill Way Leyland

Bargeboat

Hello. I have received a parking charge notice from Parking Eye for £100 for staying at the Churchill Way, Leyland car park for 2h 15m, just 15 minutes over the 2 hour free parking limit.

I have read many of forum posts and advice pages on how to challenge the charge and wondered if you would cast your eye over the following letter which I intend to send to Parking Eye.

I admit to being a bit confused as to whether to send this letter or whether to just ignore the charge as suggested on the Watchdog clip on the Pepipoo site. What is the best approach?

Thanks

Letter-

You issued me with a parking charge on 12th September 2013 and I write to inform you that I deny any liability for the unenforceable charge detailed in the Parking Charge Notice. The charge does not represent any form of loss and as such it is punitive and is therefore a PENALTY. I believe the ticket was unfairly issued and I will not be paying the payment for the following reasons

• Mitigating circumstances
There are mitigating circumstances to explain why I parked where I did and I am requesting that the charge be waived for this reason. My husband and I were actually shopping at the retail outlets on Churchill Way and as the signage clearly states it is to be used only whilst shopping on site, we believe we acted in compliance and good faith with the request. We went into five stores whilst there and made purchases in four. Unfortunately we used cash to make purchases in MacDonalds and Lidl and have no receipts to prove this. We did however, use a credit card to make purchases in Brantano and B&M Homestores and attach copies of those receipts as evidence.

• The fee is disproportionate
According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100.00 charge you are asking for far exceeds the cost to the landowner which I estimate to be no more than £0.80. I have based this upon the comparable cost of parking on Churchill Way at the council run car park, owned and run by South Ribble Council, which clearly shows a cost of £0.80 to park between 2 and 3 hours [photo taken on 16th September 2013]. The signage on the car park at Churchill Way Retail Park on the same date clearly shows there is no hourly cost to be incurred. I therefore believe that the parking charge of £100.00 is both disproportionate and unenforceable.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

Coupon-mad

That is fine and I predict they will cancel if the copy receipts exceed £30!

The Watchdog advice is OLD and applies only in Scotland and NI now (and for fake PCNs issued by rogue non-AOS member 'chancer' PPCs who cannot buy DVLA data). AOS members are also chancers of course but they CAN buy your data and PE DO try small claims sometimes, and are a NASTY firm, hence the need to appeal.

Sweetrevenge

Hi,

Just to express solidarity - also got parking charge notice from PE re this site.

In my case, had parked there (unlimited time) before 2013, gone shopping, had my hair done nearby, no issue.

Did the same january this year, didn't see the very high signs, got stung.

I am defending (don't know how well). They have replied to my defence, I'll start my own thread to share it with everyone.

Good luck
Sweet

Bargeboat

Hi Coupon-Mad.
Thanks for the amazingly quick reply.

I wondered if the advice was out-of-date as it predates the October 2012 change.

The receipts that we have amount to £53 so with a bit of luck we will get the thing cancelled.

Do you advise writing to the management company and having a moan at the retailers as well?

Bargeboat

Thanks for the support Sweetrevenge.

We have been using the car park for quite a long time now and I had never noticed the signs before. Usually it is a quick trip to Lidl or B&M and away before the two hours are up. I have been back for a look at the signs and they are quite high. I would also say the print is not that big either.

Good luck with your defence.

HO87

Bargeboat wrote: »

Hi Coupon-Mad.
Thanks for the amazingly quick reply.

I wondered if the advice was out-of-date as it predates the October 2012 change.

Partly but also because the tactics used by some PPC's has changed - particularly that of PE's.

Bargeboat wrote: »

The receipts that we have amount to £53 so with a bit of luck we will get the thing cancelled.

Do you advise writing to the management company and having a moan at the retailers as well?

Yes. Absolutely. Complain in the strongest terms - in writing - to the store managers and the Chief executives - but don't bother with the complaint sponges on any customer service counters in-store. And tell all you friends and the local press.

As an aside PE could have walked here from their offices!

Stroma

Ensure you don't send original receipts to them, scan/photo them then print it out, also get a free proof of postage from the post office for this. If you are emailing the challenge take screen shots and save that.

Coupon-mad

Bargeboat wrote: »

Hi Coupon-Mad.
Thanks for the amazingly quick reply.

I wondered if the advice was out-of-date as it predates the October 2012 change.

The receipts that we have amount to £53 so with a bit of luck we will get the thing cancelled.

Do you advise writing to the management company and having a moan at the retailers as well?

Absolutely. Every complaint is a nail in the coffin of PPC World, even if just gradually, some car parks sack them when their contracts come up for renewal and decide they can manage perfectly well without a protection racket.

Even if PE cancel it, WHY on earth should customers be put through this - and we all know that the vulnerable and the older generation would probably just pay these fake 'fines'. It's not on and deserves a complaint every time to whoever contracted a PPC (particularly in a retail park where their level of intimidation is incompatible with customer service).

It's so obviously 'so many colours of wrong' to have a PPC skulking in a retail car park, that it is gobsmacking that the large Supermarkets & retailers have fallen for the spiel. All their overpaid HO Management would have seen was a 'suit' doing some smarmy presentation about being Approved Operators with the BPA (big deal) and saying 'we can manage your car park problems for free guv' and they fell for it - and it's up to customers to force the big retailers to realise what they have done.

Bargeboat

Thanks all for the advice. The letter has gone off to PE with photocopies. I have got proof of posting as well.

Time now to start writing to all the stores and the management company. Incidentally, i believe that management company can be found here (wilkinsonwilliams.completelyretail.co.uk/index.php?p=viewScheme&id=2838) if anybody else encounters problems at this car park in Leyland Lancashire.

Sorry, I cannot post links because of my new user status.

I will keep the forum up to date on developments.

Sweetrevenge

Please see my thread (link below) - the reply to defence papers include a witness statement which says that the landowner is Threadneedle Pensions Ltd (which I think may be something to do with the Catholic Church but am not sure . . . The authorised managing agent is said to be Workman LLP.
[URL="http://https://forums.moneysavingexpert.com/discussion/4770144[/URL]

Bargeboat

Hello again. Coupon-mad's prediction was spot on. I have just received notification from PE that the charge has been cancelled. Success. Thanks all.

I went past the car park yesterday and I am sure that the signs are lower than they where.

I guess that due to this robbery attempt I am more aware of the possibilities of parking charges on private car parks. I was amazed to see that one car park in Preston charges £150 for overstaying your welcome. I seems that charges are going up, not going away.