Just received PCN notice from parking eye need help

TaikoTaiko

Just received a PCN from parking eye.

My car was parked in free shop car park as long as you use the shop. The shop was closed when my car parked there. Around 9pm at night and it was there aproximatley 15minutes. It was dark no one on the carpark. I did not leave my car at all during this time. I just stayed there for about 15mins then left. They want to charge me £85.

I didnt see any signs but i am guessing there are signs there, but i will need to go back and check.

I have googled parking eye, from what i can gather the best way forward now is to write to parking eye and appeal to them and then afterwards appeal to POPLA.

Im just wondering if you think i have case to refuse to pay this parking charge notice.

When i write to parking eye, is it best to write my letter as an appeal against the charge or refusal to pay.

thinking my grounds would be
i did not see any signs
ii charge is disproportionate to any loss incurred as a result of the alleged breach £85 charge for approx 15 minute stay

are there any other grounds i could add for my appeal/or refusal to pay parking eye ?

thanking you in advance

Coupon-mad

Welcome to MSE forums!

Glad to see you've read enough recent threads to know about appeals and POPLA (as long as this was in England or Wales). A very good start compared to a lot of newbies on this forum board!

At this stage do not write 'I didn't see the signs'. Write about the driver in the third person because YOU (the writer of the appeal) are the registered keeper and should appeal on that basis without implying who was driving at all. This gives you a stronger position later on at POPLA, more grounds for appeal are open to a keeper than a driver. So you could say 'I believe any signs you are relying upon in that car park cannot have been clear or prominent and must have been badly lit because the driver saw no signage to communicate any 'contract' or breach as you now allege to me in your letter'. And yes, add the sentence about no loss suffered too, again only wording the email or letter from the registered keeper's point of view. No 'I' nor 'me' when talking about the driver or the incident.

This link should help for the current simple challenge I think:

https://forums.moneysavingexpert.com/discussion/comment/63033637#Comment_63033637

and then later, this link for when you work on your winning POPLA appeal!

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

HTH and I would not make a special journey to check the signs; no need as you'll win this at POPLA anyway if you follow our advice.

TaikoTaiko

Thankyou for your quick reply couponmad. next couple days ill write my letter to parking eye. Ill post what im going to write on here first to get it checked over, before sending it. Then i will wait for them to reject my appeal and i will get to work on my winning popla appeal. Thankyou very much

TaikoTaiko

My Appeal to Parking Eye

RE: APPEAL AGAINST PARKING CHARGE NOTICE REF: xxxx
Dear Sir/Madam,

I am writing to appeal against a parking charge notice which relates to the above reference number.

The alleged parking breach relates to the driver of the vehicle entering the car park on XXXX Road in XXXX on DATE at TIME and leaving on the same day at TIME, with a total duration of XXX minutes between entering and exiting the car park.

On the day in question the driver of the vehicle entered the car park at night parked there for 16 minutes and left. He did not leave his car during his stay. He did not see any pay and display machines believed this to be a free car park belonging to the retailer.

This appeal to Parking Eye Management against this alleged parking breach is based on the following:

i The driver of the vehicle has never heard of parking eye, never spoken to anyone at parking eye, has never signed any contract with parking eye. As such does not believe he has entered into any contract with them as they are now saying.

ii The driver did not see any signs so as the registered keeper I conclude that your signs are inadequate. I believe any signs you are relying upon in that car park cannot have been clear or prominent and must have been badly lit because the driver saw no signage to communicate any 'contract' or breach as you now allege to me in your letter'

iii The amount of the charge is also clearly a disproportionate penalty as you have made no loss and nor have the retailers

iv Grace Periods : 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. The vehcile was only in the car park for a total of 16 mintues the driver believes he was within any grace period.

I intend to appeal to POPLA that I am not liable for the parking charge because it's a penalty unrelated to any loss plus the above points , plus other points I will add into the POPLA appeal.

Please accept this as my formal appeal to Parking Eye Car Park Management; I would appreciate a reply as soon as possible. In the unfortunate event of rejection of this appeal, I would appreciate the information requested above and a POPLA reference number.

Yours sincerely,

I'd be more than grateful for any more suggestions and expert advice you might provide.

Many thanks again!

TaikoTaiko

Guys_Dad

That looks pretty ok for a PPC appeal.

Or if you are very brave, you could use the Prankster's approach http://parking-prankster.blogspot.co.uk/ from Wednesday's blog


"Dear ParkingEye,
I wish to appeal your charge on the basis that it is not a true pre-estimate of loss. The Parking Prankster has informed me that you lose every case at POPLA when you are asked to produce a breakdown of your charges and justify your pre-estimate of loss calculation. I will not be answering any correspondence so please either cancel the charge or provide me with a POPLA code within 35 days."

TaikoTaiko

I bought that newspaper today and noticed that article when i was going through the paper. You know what i would like to do also is charge someone for my time, in having to write this letter is that possible or legal how much would i be able to charge. If i could end my letter by saying i am now charging you £85 for my time expect payment within 28 days. Would this be lega or possbile.Ty guys Dad for reply.

Coupon-mad

You could try but you won't get payment for your time. Just make sure you do a winning POPLA appeal once you get the code:

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

HTH

TaikoTaiko

Yes you are right Coupon-mad. I will just concentrate on winning popla appeal thanks for the link and your time

TracoPower

Hi Taiko Taiko

We had a brief conversation in the car park earlier...

( I also received an invoice from parking eye under similar circumstances, the signage to the car park is rubbish and does not comply with BPA requirements, I will be adopting a more militant approach with them... )

Best Of luck with your appeal.


Best Regards

Traco Power

TaikoTaiko

Sent my appeal to parking eye today via their website. just waiting on my popla code , because i know parking eye are bound to reject it. Then i will concentrate on winning my popla appeal. If that fails ill be going to fight in court.

Tracopower thankyou for getting in touch. Yes i remember. Best of luck with your appeal. Ill be fighting all the way. If i was good with words mine would also be alot more militant tracopower.

Its scam , theft of hardworking peoples money. I will never buy anything from that retailer ever again. Or anyone else i find using companies like these. retailers must get some kind of cut.

TaikoTaiko

Make an Appeal

Thank you for contacting ParkingEye
Please be aware that ParkingEye will respond in writing only by letter and not by email. We endeavour to respond to all appeals as soon as possible, however a written response may take up to 10 days.
If further information is required the Parking Charge will be placed on hold to enable any further correspondence to be considered and during this time the Parking Charge amount will not increase.

Alternatively, to make a debit/credit card payment please telephone 0844 247 2981
or online at

This was there response to my online appeal. Awaiting on letter now.