Parking eye - overstay - help!

stuynn

Not sure what to do!

Paid/displayed @ Parking eye 'open' car park (ie not attached to any retailers). I had a 12 hour ticket but stayed 58 minutes over and got a £100 invoice from them through the post.

The return time to the car was 11pm. The car park is just outside of town and so mainly used for shopping. So 11pm - no shops open, no cars left!!
I've read on here all about the pre estimate of loss (so pushing onus back on PE to prove their loss), will that have any bearing on how I draft the appeal. Surely if the car park was empty they've incurred no loss!! I've seen a couple of appeal upheld letters from the POPLA thread but could do with seeing something that shows what the original draft was.

ANY help or links to similar posts gratefully welcomed!
Thanks.:o

Redx

plenty of good info and links in the sticky thread at the top of the forum

Coupon-mad

You need my 'newbies...read this now!' thread...

Any questions let us know of course, but it has links to first stage appeals and how to win at POPLA, and how to complain...whatever you need to know (hopefully).

stuynn

Thank you both for the very useful links. I have read in detail, pinched and amended as you can see. This is my draft to respond to 1st stage appeal to PE. Is it ok? Any suggestions gratefully received:-

Dear Sir/Madam,
I am writing to you with reference to Notice to Keeper number (insert reference number on Notice to Keeper) regarding an alleged parking incident on 16 November 2013 at 11pm.
In order to take an informed decision on how to deal with the above-mentioned document I would like to request further information on this alleged incident and the alleged parking charges of £100.
First of all, your Notice to Keeper mentions a company called ParkingEye. but fails to identify the actual creditor making this parking charge demand, as required under Schedule 4 paragraphs 8(2)(h) and 9(2)(h) of the PoFA 2012. Therefore I would like you to send me this information, since I need to know exactly who is making the claim and in what capacity. DQ: IS THIS SENTENCE CORRECT IN THIS INSTANCE??
I would also like to receive all photographic evidence that you hold on this alleged incident since the image you have included in your document of XXXX as alleged evidence of the vehicle exiting the car park is a blurry, dark picture of an unidentifiable vehicle in an unidentifiable location. I do not expect to pay for this information as it would be disclosable in any future court proceedings.
I would be very grateful if you could send me evidence that besides your management duties within the car park, you also enjoy the rights of possession or occupation needed to be able to enter into an individual contract with drivers and to issue parking charge notices. I therefore require you to send me a copy of the contract that gives you authority to demand these payments.
Further to the above, please explain fully on which of the following grounds your claim is based: trespass, breach of contract or contractually-agreed sum. Please note that if you are claiming that trespass was committed, I would like to receive a full breakdown of the actual loss suffered by your business or the landowner which could give rise to your claim for damages. Your charge is disproportionately high seeing as the alleged incident happened in a car park, situated on the outskirts of town and primarily used for shopping. At 11pm, the shops were closed and the car park empty so cannot understand what genuine loss could have been incurred at this time. If on the other hand you are claiming there was a breach of contract or a contractually-agreed sum, I would like to receive a copy of the contract which the driver allegedly entered into.

Please note that I do not wish to receive a standard template answer which fails to address the specific issues that I have raised with you.

I look forward to receiving your acknowledgement within 14 days and a comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). Only then will I be able to make an informed decision as to how I shall respond to your Notice to Keeper.
Yours sincereley......

Secondly, if it moves onto a POPLA appeal under what grounds would I be appealing on? They are

• The vehicle was not improperly parked.
• The parking charge exceeds the relevant amount.
• The vehicle was stolen.
• I am not liable for the parking charge.

Thanks in advance of your useful advice.

Coupon-mad

Where the heck was that old template? It's not an appeal and is not recommended and is wrong because PE NTKs do (obviously) name the creditor if you check. Just use an actual clear appeal like any of those I linked in the newbies thread.

Secondly, if it moves onto a POPLA appeal under what grounds would I be
appealing on? They are

The vehicle was not improperly parked.
The parking charge exceeds the relevant amount.
The vehicle was stolen.
I am not liable for the parking charge.
Thanks in advance of your useful advice.

Again, why are you looking unnecessarily at the POPLA website and taking as gospel their appeal points, and posting them as if they are important when in the newbies thread I don't link the POPLA website at all for that reason (the points are misleading). Who cares which ones you tick at POPLA stage, it's what you say that counts:

http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

Stick to the links in the 'newbies' thread IMHO....even if I did write it myself.

stuynn

I took the template from your newbies page - 3rd linked item from 63725014 by Trujimana and only posted in November 13? It states "successful appeal" so thought it was a good starting point. Thought it was where you had suggested with it being included there.
I had looked on the main site for the POPLA appeals bit rather than the forum.
Clearly I need to start again from what you are suggesting - feeling rather dim!!!

Coupon-mad

Ooops, sorry! Thanks for the heads up.

That's probably (IMHO) the worst example there even though it worked for trujimana which is why I linked it (I will now remove it as a link, because I can see it could cause problems for some people).

It would be OK if it was changed to make it clear it is an appeal rather than 'In order to take an informed decision on how to deal with the above-mentioned document' which sounds like a request for information before submitting an appeal. And this bit at the end is terrible: 'Only then will I be able to make an informed decision as to how I shall respond to your Notice to Keeper. as it practically hands a PPC an excuse NOT to treat it as an appeal.

I would just use a simpler one!