ParkingEye Leyland Appeal

DavieT123

Hi all,

I have read through all the relevant threads etc and after staying 16 minutes too long at Churchill Way Retail Park Leyland (Free car park for 2 hours) and receiving a charge I have sent a soft appeal to ParkingEye, with the idea in mind of getting a POPLA code to appeal.

I have only just realised an error in my appeal at the end.. Using the term 'my payment' and 'my bank' and not followed the third person rule to avoid giving away who the driver was.


I have used this template as a guide for my appeal:



Dear Sir/Madam,

Ref: PCN XXXXXXXXX

I am writing as the registered keeper of vehicle XXX1234 to appeal the above ticket. The driver was a genuine customer of the store that day, and the sum you are seeking in relation to an overstay, in a free car park, bears absolutely no relation to any genuine pre-estimate of loss incurred by either you or the landowner.

Please cancel the ticket immediately. If you choose to reject this appeal then please send me a POPLA code so that I may take this up with the independent appeals service.

And added:

'' 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 and my time at the court rate of £18 per hour. 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. ''


Along with my own bit at the bottom stating:
'I have attached a screenshot of my payment at McDonalds Leyland which was made at around 22:03 on the 11th, however shows as the 12th with my bank's delayed display of recent transactions.'

The last bit worries me as I have used first person terms by accident.


Should I just pay the fine off now and get it over with or have I not messed this up as badly as I thought? Any feedback gladly appreciated as this has gotten me very stressed as I am a very skint student!

Kind regards

android26

Get a grip!

Ultimately, whoever was driving doesn't make gpeol miraculously add up to whatever they charge.

Just because YOU have shown YOUR proof of purchases, I could have been driving the car that day with Coupon Mad dishing out sandwiches in the back seat and Firemanbill sitting there ignoring all and sundry.

Frankly, as stressful and unjust these parking scams are, if that's the worst !!!! you get in life, feel blessed.

DavieT123

Haha thankyou, all hope is not lost then. And I wish it was the worst! I've had this before but back in the day when it was simply a case of ignoring the horrible people!

Redx

I was thinking the same thing, yes you were with the driver on the day in question, and you are justifying your appeal as the RK

I can see where the implication may be, but you have not actually admitted to being the driver, but you have admitted to being present , lol

chances are the PPC will reject your appeal anyway

DavieT123

If I'm honest as long as it doesn't invalidate my POPLA claim then it's fine, I'm expecting it to be rejected anyway

Redx

agreed, so get drafting it now based on these bullet points

1. Non genuine pre-estimate of loss
2. Signage
3. No Contract with landowner
4. Trespass
5. Unlawful Penalty Charge
6. Business Rates
7. ANPR Accuracy

number 1 usually wins at popla with PE but always have some ammunition in reserve to back it up with some or all of the others too

one day they may actually start issuing reasonable charges based on reasonable rules that are fair to all, including them

but they prefer to "farm" many legitimate shoppers etc out of silly sums of money with threats of legal action, so its good that people can fight back and cost them money and if necessary issue them with a PCN and get an MCOL paid out due to harassment

what they fail to see is that people will fight fire with fire , they will send out invoices just the same as a PPC and also threaten court action, I know I would if I felt they were in the wrong especially if I wasnt "in the wrong"

in your case you were on a simple overstay and they are supposed to give you a grace period to park so it wasnt excessive in my book

I recently helped get a charge cancelled on similar grounds

read it here https://forums.moneysavingexpert.com/discussion/4827711

good luck