Retail Park - Parking Eye - Disabled Badge

mike.green.86

Hi,

I am a new poster here, and after reading quite a few posts here, I feel better prepared to tackle this parking charge that I received in the post after I 'over-parked' in the retail park.

I need to challenge the parking charge on the basis that my vehicle was parked in the disabled bay with the disabled badge, and that this was beyond the normal hours of operation of the retail park (past 11:00) the Lidl store closes at 9:00pm I think, and hence there was no genuine loss either.

Would this be reasonable grounds for challenge?

Also, I am unable to reply to them in post before the 14-day period where the charge is 'discounted' to £60 . Does it matter if I appeal after the 14 days and before 28 days are over, in case I lose the appeal?

BTW, the ticket is from Parking Eye. Is it worth appealing online or is it better if I appeal via Post?

Thanks for your help in advance.

I will await your reply.

Big_Bad_Dad

Wooo...take it nice and steady!!!!

Happy New Year!
You just forget that discount because YOU owe sweet nothing! The charge is a fake just like everything Parking Eye and their associate parking companies do. They are not authorities and their entire game is one great unenforceable scam.

Yes write to them, and in your circumstance you DENY the charge on all accounts. Explain the situation and await a reply. Don't expect it to be sympathetic, these are vicious little runts. When however they reject your representation they will give you a POPLA reference number.

Upon receiving this, if you return to this thread, I can guarantee you someone will help you put together a statement that will defeat Parking Eye at their own expense with POPLA.

Nothing to fear!

mike.green.86

Wow.. This is amazing! I have received a reply within minutes of posting

Thanks @Big Bad Dad for your helpful encouragement. I take it to read, that I don't need to rush to reply online.. I would like to send a copy of the badge along with the appeal, but unfortunately can't do it any time before the 14 day period that they mention in their letter.

Thanks again, for the quick response!

Oh and a Happy New Year!

Big_Bad_Dad

Basically, their own rules (which in the real world stand for nothing) are that there are 14 days to take advantage of the discount. That said, I believe they put it on hold while handling your representation.

All you need to know is that the figure does not reflect losses to the parking company or to the client and is therefore wholly unenforceable. You clearly have a genuine purpose so by all means show a copy of the badge but remember, their word is NOT final unless they cancel the demand.

mike.green.86

Ah.. Fair enough.

That's a relief. I shall remain oblivious to their empty threats, and appeal in writing - which is what I prefer.

I will share the outcome and come back for more helpful advice.

Thanks again

Stroma

Don't worry about the 14 days thing it's meaningless, you have 28 days to respond to this, you don't go on what happened and you don't implicate yourself as driving. Here is a template for you to work with, add the equality act breach in there as well if you wish

Dear Parking Eye,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

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.

Please issue your cancellation within 35 days of this letter or supply a popla code to appeal to them.

Faithfully

Redx

dont forget to add that EQUALITY ACT 2010 breach, under BPA CoP they should not be pursuing owners of BB , nor anyone who qualifies under that act for that matter

so soft appeal first, then if they reject it ensure you use the popla code and a strongly worded popla appeal , based on knowledge gained from this forum in order to win , beat them , and pay NOTHING AT ALL !

Coupon-mad

We always reply straight away on this forum and you will win at POPLA with our help. And the first appeal can be submitted online to PE, costs you nothing.

mike.green.86

Hi All,

Thanks for your generous and helpful responses. I am now back from holidays (man, the vacations go fast!) and ready to appeal through post.

I wanted to appeal via post because that way I can have official proof of recorded delivery in case Parking Eye decides to deny (which looks like they do a lot..) recieving any challenge.

I am going to use prosnap's letter word for word (I can't post the link because I am a new user, but its one which mad coupon referred to in his very informative sticky, under "few strong examples which can get a PCN cancelled without even bothering with POPLA stage")

except that I will start my letter with:

Recorded Delivery
Parking Eye
XXXX

Date: XXXXXXX

Subject: Challenge to letter “Notice to Keeper/Driver/Hirer” of XXX
Parking Charge Reference: XXXXX

To Whom It May Concern

I am the registered keeper of this vehicle at the time of this "Mickey Mouse" charge

....

I presume its ok to admit that I am the registered keeper and challenge as that?

mike.green.86

I thought I would copy past the entire letter anyways, so you can see:

Recorded Delivery
Parking Eye
XXXX

Date: XXXXX

Subject: Challenge to letter “Notice to Keeper/Driver/Hirer” of XXXXX
Parking Charge Reference:

To Whom It May Concern

I am the registered keeper of this vehicle at the time of this "Mickey Mouse" charge

Following legal advice, I wish to challenge this parking charge.

My challenge is partly 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 against you, 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 will claim my expenses from you. The expenses I will 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.


1. Your ANPR equipment is obviously faulty. The two photos that you have provided represent two separate visits to the services. Proof will be provided in court should you decide to take this any further.

2. Your claim is not a genuine pre-estimate of loss.

3. I believe your company does not have sufficient interest in the car park to issue contracts to anyone.
(BPA CoP Section 7, a landowner contract must specifically allow Parking Eye to pursue charges in your own name in the courts and grant you the right to form contracts with drivers. I require Parking Eye to produce a copy of the contract with the landowner as I believe it is not compliant with the CoP and without it, Parking Eye have no legal standing nor authority at this site which could impact on visiting drivers.)

If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons for the appeal above. I have nothing further to currently add, and will not respond to any correspondence from your company unless it contains the POPLA code.

Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.


Yours Faithfully


XXXX

Redx

the reasons why you wish to send this recorded are the reasons they tend to REFUSE anything sent recorded delivery

it was explained in here https://forums.moneysavingexpert.com/discussion/4867378

you can see that by refusing you actually give THEM a legal point , wheras with the free proof of posting you give YOURSELF a valid legal point

ps:- forgot to add that you havent mentioned signage, which may be relevant in this case (so see post #6) ,

nor have you mentioned the BB issue which the BPA have warned PPC`s not to pursue people like yourself due to the Equality Act 2010 , I did mention this in post #7

no idea why you missed those 2 crucial aspects out, although you have mentioned the no contract and not a gpeol