'Appeal' against Parking Eye

da_rule

Hi everyone, long time observer, first time poster. Today I received a PCN from the lovely Parking Eye. I have drafted the following appeal (in bold, below) and would like some feedback. I am a law graduate and currently undertaking the LPC so have quite a good grasp of contract law etc.




I would like to challenge the invoice you sent me. This is not an appeal as this is not a matter on which a judgment at a civil court has been entered; therefore calling this section 'appeals' is misleading.

1) Your notice is incorrectly drafted, there is no information contained on the notice about the method that I can use to contact you to inform you who the driver was.

2) Your notice is flawed in that it does not contain the time of issue, purely the date, which therefore means it does not comply with Schedule 5, Paragraph 7(2)(f) of the Protection of Freedoms Act 2012.

3) I would like to see evidence that the car was stationary at the time you issued the notice, as this is also a requirement under Paragraph 7(4)(b) of the 2012 Act.

4) Your instruction that I pass the notice to the driver is flawed, I am under no legal obligation to do so.

5) Your layout of dates is misleading. When read using correct English grammar a colon (:), used for the purpose which you are using it is a syntactical descriptive, meaning that it is used to describe a term previously mentioned. The term used prior to both of your uses of the colon is "date issued", this would therefore imply that the date following the colon was the date issued, and as such the dates do not correspond with each other.

As the notice does not set out how long appeals will take, I will expect a reply within 14 days. If I do not receive a reply within that time I will take it that my appeal has been accepted and that the notice has been cancelled.

As this is a request for damages, and a civil matter, I therefore request that you justify the amount sought, by proving that it is proportionate to the cost of enforcement as well as any lost opportunity. If you cannot provide this then there will be no genuine pre-estimate of loss.

I only expect to have contact from you regarding this appeal, should you contact me for any further purpose, including the sending of further notices relating to the same event then I will take this as harassment and will take full legal recourse. I expect the response to be issued in both Welsh [I live in Wales] and English.

Please be aware that any correspondence will be stringently reviewed and any errors will be reported to the relevant bodies (such as the Solicitor Regulatory Authority). I will also be reporting this matter and all of the legal errors contained within your notice to the British Parking Association.


Thank you all for your time and comments.

bod1467

Been a while since we've had someone ready to be really bolshy with these scammers!

da_rule wrote: »

I would like to challenge the invoice you sent me. This is not an appeal ...

... As the notice does not set out how long appeals will take

Is it an appeal? Is it not an appeal? There's only one way to find out ... FIGHT!

The_Slithy_Tove

You state at the top that "this is not an appeal", yet later refer to "this appeal". Be careful, PE will make any excuse to claim you have not appealed, and saying it's not an appeal is the perfect vehicle (even though the BPA Ltd AOS CoP states that they must respond to an "appeal or challenge", your missive being the latter).

The 14 days expectation is probably trumped by the 35 day period set out in the BPA Ltd AOS CoP.

I assume you realise they will reject your "appeal", so you will be taking it to POPLA in due course, where your legal brain can do battle with those at POPLA!

Don't forget to include this in your appeal, allowing you to make a counter-claim against them later (you can probably improve the wording), courtesy of Parking Prankster and spikyone:

My challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld.
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.

da_rule

Oh yes, I am already anticipating the rejection of the 'appeal'. I have also drafted an email to BPA just on the off chance they decide to do anything.

Coupon-mad

''This is not an appeal as this is not a matter on which a judgment at a civil court has been entered; therefore calling this section 'appeals' is misleading.''



I would get rid of the above. You want it to be 'an appeal' to get a POPLA code. Apart from that it's a nice early challenge to get the POPLA code, but of course the POPLA version will be a lot different.