ParkingEye pretends not receiving my challenge letter

mn1999

Hi! Everyone,

Happy New Year!

I have received a PCN from ParkingEye, and have sent them a challenge letter based on the advice from this great forum.


The only problem is the challenge letter was sent two working days before their 28 days appeal window. I was wary these scum might pretend they did not receive the appeal letter, and therefore kept my posting proof. The letter was sent first class, so it should arrive in time.


And guess what, I was right. They now sent me another letter stating "The requirements of Schedule 4 of the Protection of Freedom's Act required for keeper liability have now been satisfied and as a result ..."


I could have appealed through their website in time but decided not to because I would have to accept their Privacy Statement if I did.


Would love to hear advice on further steps I should take on this situation.


Thanks.

esmerobbo

Did you keep a copy of the original appeal letter? If so resend it along with a copy of the POP and add that the letter was sent on, ??/??/?? it is deemed delivered, but here is another copy to replace the one you seem to have mislaid!

The_Slithy_Tove

Oh what a surprise - NOT. Parking Companies in general seem to lose so much mail when it's convenient for them, it's clearly a deliberate act on their part. But then, dishonesty is part of the job.

Coupon-mad

Online would have been better at this time of year, takes 5 minutes, Privacy Statement or not. Never mind, wait for the rejection letter as I expect this letter just crossed in the post.

Big_Bad_Dad

Happy New Year MN1999

At least you know the ropes and are not going to pay out.

You didn't specify the nature of the alleged breach but it hardly matters since nothing issued by Parking Eye is enforceable, except of course their letters informing the motorist that charge is cancelled.

Of course, if they are demanding £100 and can prove the loss (e.g. your vehicle whilst parked pressed hard into the tarmac and damaged it and the cost of the repair is £97.50 plus the price to have obtained your details lumped the sum up to £100) then you may have to pay!

But if they don't, you have nothing to fear!

mn1999

Thanks everyone for the kind replies.:j


I will do as esmerobbo suggested, send them another copy with my Proof of posting (copy) attached.


Re: Big Bad Dad, notice was for several minutes' overstay of the concerned premise's short free period.


Coupon-mad, does their wording of Privacy Statement not matter? I might send them an online version if they still DO NOT receive my second letter.


I will fight till the end.:D

Coupon-mad

Their Privacy Statement didn't bother me when I sent an online challenge for a friend, & a complaint to the retailer. Major overstay by the friend (allegedly).

It was soon cancelled, and if not in your case, it would be easily won at POPLA anyway! It's just important to get that appeal in quickly.

mn1999

I have finally received the acknowlegment then rejection letters. Coupon-mad might be right, the letters could be crossed in the post.


Now the fun begins.:D


Apart from the first two sentences (paragraphs) mentioning the incident and informing me the unsuccessful appeal, the rest 7 pages are all reasoning for their "Pre-estimate of Loss and Commercial Justification", citing their successful court cases (as per their website). In the end, they even offered a gesture of GOODWILL to extend my discount period for another 14 days before informing me I could appleal through POPLA.


I have emailed and complained to the general manager of the hotel as well. They reluctantly agreed to help ATTEMPTING to revoke the PCN on my behalf, as they said there are clear signs on the site.


Not sure if they tried or not. Given ParkingEye has already issued the applealing code, I assume PE will not cancel the ticket unless POPLA tells them to.


The rejection letter is standard and has not fully addressed the legal points I raised in the challenge letter:


a. authorisation from land owner
b. grounds of PCN, trespass or breach of contract
c. genuine prestimate of loss (they said they could provide evidence of this)


Should I reuse all the points in my appeal letter to PE and rewrite the letter to address to POPLA and upload my letter here for everyone to scrutinise?


Thanks in advance.

Coupon-mad

Yep, you need those points expanded a fair bit. First have a read of the example PE POPLA appeals in 'How to win at POPLA' which is a link in the 'Private parking ticket? Newbies please read this first!' sticky thread. Then choose a version that seems similar to your case and adapt it into your own draft.

4consumerrights

Apart from the first two sentences (paragraphs) mentioning the incident and informing me the unsuccessful appeal, the rest 7 pages are all reasoning for their "Pre-estimate of Loss and Commercial Justification", citing their successful court cases (as per their website). In the end, they even offered a gesture of GOODWILL to extend my discount period for another 14 days before informing me I could appleal through POPLA.

Gosh are Parking Eye now sending 7 pages - just to reject the initial appeal - unbelievable - more unnecessary non-environmentally friendly waste!

I'm assuming they did send you the POPLA code by what you state - Parking cowboys website as now a useful quick checker tool for validity:

http://www.parkingcowboys.co.uk/popla-code-checker/

Start researching how to appeal -POPLA via the links in NEWBIE thread:

https://forums.moneysavingexpert.com/discussion/4816822

and post up your appeal for checking before submitting - remember the POPLA code is strictly time sensitive so do not be late!

Regarding the principal cancelling - this can be done at any time. Still press them for cancellation - as an aggrieved loyal customer etc. The more complaints landowners receive about their car parking management, the better -but do not ignore submitting POPLA

Edit: crossed post with cm's

esmerobbo

Maybe PE should make it 8 pages the last containing all the POPLA loses which have disagreed with their estimations of loss!