Parking Eye Fine - Fistral Beach

siross

I don't mind waiting longer I just don't want them to claim they have never received my appeal and it will ultimately go against me.

I assume the time it takes them to give me the POPLA code is irrelevant and the clock only starts ticking once I've actually received the code?

Umkomaas

siross wrote: »

I don't mind waiting longer I just don't want them to claim they have never received my appeal and it will ultimately go against me.

I assume the time it takes them to give me the POPLA code is irrelevant and the clock only starts ticking once I've actually received the code?

From the date on the rejection letter.

But there's nothing to stop you starting to draft up your POPLA appeal now in case you have a 'delayed in post' delivery of your rejection.

See POPLA Decisions sticky at the top of the forum index page, start from the most recent appeal wins to see exactly what are the key points to make in your appeal.

Once you get your verification code, let us see your draft before submitting it to POPLA.

siross

Morning, just another quick update.

I received 2 letters in the post yesterday;

The first states "your enquiry is of a generic nature and contains a number of queries that we have seen before. As such we believe it is covered by our answers to Frequently Asked Questions." The letter then goes on to list them all...

The second one advises me that my "recent appeal has been referred for further information". It states that “You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was.” The letter carries on with references to Protection of Freedoms Act 2012 and then says my “Parking Charge has been placed on hold for 14 days in order for you to provide additional/further evidence”

Firstly, I didn’t state that I was not the driver, this was my original appeal:

The Registered Keeper denies any liability for the parking charge incurred as on the day in question the driver did not see any signage upon entering the car park due to insufficient lighting. Therefore no contract was formed between the driver and Parking Eye.

Please therefore cancel the aforementioned charge forthwith or supply a POPLA code for appeal whereupon further appeal points will also be added including the charge being an unenforceable penalty due as it fails to redress any genuine pre-estimate of loss incurred by the alleged breach.

Do I have to provide more evidence or do I simply demand a POPLA code?

Thanks,

Simon

Guys_Dad

Reply saying that they have your appeal and POPLA & BPA allow appeals by the keeper. Reiterate you want your appeal accepted or a POPLA code and that you intend to dispute their genuine pre estimate of loss at POPLA if they do not cancel

siross

Should I do this through the on line appeal system again?

Coupon-mad

Yes, why not. If you had searched the forum for similar cases even in the last week, you'd find this happens a lot with PE at the mo. You must be proactive to insist on your POPLA code, this is what we are telling everyone.

Also email a quick complaint to the BPA as keeper (not as driver) saying PE have said you have to name the driver and yet you had made an appeal as the keeper, as per the BPA code of Practice and POPLA rules. The BPA email contact is shown in two sticky threads starting with the words 'newbies' and 'successful complaints'.

siross

Thanks I'll get on with that now.

Edit - I think I'm going mad. I cannot find suggested wording for going back to PE anywhere!? Every thread I have read so far suggests that PE gave the POPLA code straight away!?

Coupon-mad

siross wrote: »

Thanks I'll get on with that now.

Edit - I think I'm going mad. I cannot find suggested wording for going back to PE anywhere!? Every thread I have read so far suggests that PE gave the POPLA code straight away!?

Not at all but there are a lot of threads! I picked out the word 'indicated' as a keyword from that generic PE reply, searched the forum and got this one as a result:

https://forums.moneysavingexpert.com/discussion/comment/63774586#Comment_63774586

HTH

siross

Thanks, I was searching wrong, apologies.

How does this sound:

I find your response unjustified, unhelpful and misleading, your letter says 'if you were not the driver at the time, you should tell us the name and current postal address' which misstates the position as a parking company is only allowed to 'invite' a registered keeper to name the driver. There is no 'should' about it, I am certainly not obliged to name the driver and as keeper I am perfectly entitled to my POPLA code, so send it by return or cancel this charge without further stalling.

I also note that you have completely failed to address the appeal point raised. I remind you that in my challenge I stated “The Registered Keeper denies any liability for the parking charge incurred as on the day in question the driver did not see any signage upon entering the car park due to insufficient lighting. Therefore no contract was formed between the driver and Parking Eye.

Please therefore cancel the aforementioned charge forthwith or supply a POPLA code for appeal whereupon further appeal points will also be added including the charge being an unenforceable penalty due as it fails to redress any genuine pre-estimate of loss incurred by the alleged breach"

If you are unwilling to accept this appeal point and cancel the ticket, then please send me a POPLA code

Thanks again,

Simon

Coupon-mad

Go for it and send it online on the appeals part of their website, so it costs you nowt. At least you have a copy of it here so you can see what you said, seeing as the PE system doesn't show you a sent items version of your submission.