Parking Eye "fine"

ButtonIt

Thanks for the responses everybody. It's true that I thought I'd got away with it. I'm not in the habit of flouting the rules, but at the time I had no means of paying (who carries coins these days?).

I'll have more of a read and start my appeal. Thanks for all your help and advice

ButtonIt

So my first pass is going to go something like this.

With regard to the recent parking event for which you have levied a charge to myself, the registered keeper, I am appealing for cancellation on the following grounds:

1. Upon entering the car park and noticing the barriers in the "up" position the driver assumed that there were no parking restrictions on that day. The signage was not clear and the driver was unaware of Parking Eye's ANPR system.

2. The charge levied against the driver is not a genuine pre-estimate of loss and far exceeds any loss which the landowner has incurred to the point where it is deemed, and implied by Parking Eye's correspondence, to be a PENALTY CHARGE.

3. I have no evidence that Parking Eye have a contract with the landowner that asserts their authority as a collecting agent. If this ticket is not cancelled I will need to see substantial proof of an agreement between Parking Eye and the landowner. In this instance it will need to be a copy of a full, signed and dated contract.

If you fail to uphold my appeal I will require a POPLA code to pursue the matter further.

Yours faithfully,
Me

Umkomaas

ButtonIt wrote: »

So my first pass is going to go something like this.

With regard to the recent parking event for which you have levied a charge to myself, the registered keeper, I am appealing for cancellation on the following grounds:

1. Upon entering the car park and noticing the barriers in the "up" position the driver assumed that there were no parking restrictions on that day. The signage was not clear and the driver was unaware of Parking Eye's ANPR system.

2. The charge levied against the driver is not a genuine pre-estimate of loss and far exceeds any loss which the landowner has incurred to the point where it is deemed, and implied by Parking Eye's correspondence, to be a PENALTY CHARGE.

3. I have no evidence that Parking Eye have a contract with the landowner that asserts their authority as a collecting agent. If this ticket is not cancelled I will need to see substantial proof of an agreement between Parking Eye and the landowner. In this instance it will need to be a copy of a full, signed and dated contract.

If you fail to uphold my appeal I will require a POPLA code to pursue the matter further.

Yours faithfully,
Me

That should do nicely. The prime purpose is to hook a POPLA code.

ButtonIt

OK, so PE have replied rejecting my appeal with the reasons of did not provide sufficient evidence to show that I didn't break the terms of the "contract" and that some of my queries are of a generic nature.

I have been sent a POPLA form and reference number. Do I send the same information or do I need it rewording?

Many thanks for your help

trisontana

I bet they sent a generic letter about your generic letter!

bod1467

See the thread referenced in my signature.

ButtonIt

It seems fairly generic, I want to get cracking with POPLA since the letter from PE arrived last week while I was away and only just got it today. Just wondering if the wording needs changing or go straight in with what I wrote earlier.

Bod, thanks for the link

bod1467

What you have earlier is NOWHERE NEAR what is needed for a POPLA appeal. Check that link, plus the links therefrom - there are many many POPLA appeal examples to be found.

Make sure your appeal includes the magic bullets of GPEoL (no genuine pre-estimate of loss) and No Authority. (These are covered in the link, together with the supporting information you need to include in a POPLA appeal).

ButtonIt

OK cheers mate, and thanks everyone for your help. This place is awesome, not just for this sort of stuff, found a lot of other bits and pieces on here to help me save money. Which is good because I've just bought my first house and need to save EVERYTHING!!

Umkomaas

Have a look at these two threads, they provide an excellent start with your POPLA appeal.

https://forums.moneysavingexpert.com/discussion/4816165

http://forums.moneysavingexpert.com/showpost.php?p=63805538&postcount=12