Parking Eye Charge

Coupon-mad

4consumerrights wrote: »

Read the Newbie thread
https://forums.moneysavingexpert.com/discussion/4816822

You've already been directed to examples of first appeals, over a dozen shown there.

dc100

I have 14 days to pay based on the last letter, can i still appeal? With it being Christmas if a send off for a soft appeal it may get delayed or they may ignore it and then send me court papers?

Redx

you can appeal at any stage but unless you are within the time constraints for an appeal, they can and probably will turn you down but you never know, they may actually make a mistake and issue a popla code

DR takes a long time so no court proceedings would start before 2014 and they would have to issue the letters beforehand to cover themselves, so nothing is going to happen this year on that score

the problem here is you left it too late for the standard appeal times where you have the RIGHT to appeal

so do you have the RIGHT to appeal to the PPC and then to POPLA ? - in a word , NO , because you did not do so in the correct time frames

if they make a mistake or the clock was reset by naming the (different) driver then you have the appeal times back again

the point here is that you cannot leave it for weeks or months and then expect to have the same rules apply that a newly PCN`d person has , late is late , too late is too late, but as its never too late to appeal, send one in, a simple one and hope they waive it or that they send a popla code

the alternative (which you should be doing anyway) is to get the landowner to have the charge dropped by the PPC

the point is that by ignoring them in the past it comes back to bite you when your timesand deadlines have run out, possibly even court action. unfortunately they now are holding most of the aces as you gave them away in the first few weeks since the PCN simply by ignoring them

sorry to be so blunt ! - but truth needs telling as you dont seem to grasp that side of it (deadlines have to be followed - ie:- you dont get on a plane after the check in desk has closed) - otherwise you may have no options but to sit it out for up to 6 years hoping they dont take court action, or that you win if they do take it, you never know, it could get thrown out of court on a technicality , like no contract to issue parking charges - it has been known

nigelbb

There is no RIGHT to appeal at all. Along with the timescales for appeals all the conditions are the PPC's own made up rules. There is no law that says you have the right to appeal but neither is there any law that says you only have 28 days in which to do so (or only 7 days in the case of one PPC). The PPC can take an appeal at any time (PE have claimed in court that they will do so) & refer to POPLA at any time but if course they choose not to as it suits their oppressive bullying business model.

There is nothing lost in submitting an appeal at any time even if it is outside the arbitrary timescales laid down by the PPC. Making an appeal even if late has the advantage of putting the motorist in a better light if the PPC ever took them to court. If you appeal late but quote the fact that you had followed the advice of a solicitor on 'Watchdog' to ignore again this puts you in a better light if it ever comes to court.

dc100

Thanks for the info.

The retail car park where this happened was free for the first 2 hours, the time over was 28 minutes.

I need some help with the soft appeal, links to PE cases with examples, i can't seem to find ones i can use.

Thanks

Coupon-mad

The newbies thread gives you a basic appeal, and I am not sure why you are panicking about it being Christmas seeing as you should appeal to PE online. You won't get someone writing a short appeal for you from scratch when there are lots of examples in the Newbies thread. Choose one and show us your draft, you may then get some help but the whole point is to send them something.

Your case is EXACTLY like all the others on here, overstay in a retail car park. Like all the others, bar a few.

dc100

I didn't buy anything from the shops where the retail car park is. I walked into town went to a shop and paid for something.

Can i use proof of purchase from the shop in the town to help with my soft appeal?

martmonk

dc100 wrote: »

I didn't buy anything from the shops where the retail car park is. I walked into town went to a shop and paid for something.

Can i use proof of purchase from the shop in the town to help with my soft appeal?

You can use whatever you want, I would doubt that would hold any water though. Unless the planning permission for the retail park includes a condition that parking is for motorists visiting the town centre and not just the retail park. That however, in this instance and based on what I've read in this thread would be a complication you could do without.

Follow C-M's advice, send them an appeal saying just about anything you want - as directed there are tons of examples, start in the NEWBIES sticky thread.

dc100

Not sure im if i will this one, just seeing if this could be suitable for soft appeal -

Dear Sir,

With reference to the invoice XXXXXXX dated XX XXX , I am the registered keeper and I deny all liability for this charge on the following points

1) This is not a genuine pre-estimate of loss
2) You do not have authority or contract to issue these invoices

I require that you immediately cancel this invoice. If you reject this challenge, please forward a POPLA verification code to appeal to them independently. As you are aware Popla always uphold appeals on the above.

yours Faithfully

The keeper

Should i include this as well? -

taken from the Parking Pranksters site..

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

bod1467

Yes you should ... provided you would be willing pursue such a claim. (Pointless making such threats unless you're prepared to follow through)