Received Parking Eye Parking Charge Notice - From xxx NHS Polyclinic

jackel430

Hello all,
I received a Parking Charge Notice from the dreadful company Parking Eye on the 03/01/2014.
I have read through many forums and links that you have provided but still require some reassurance on how to proceed.

Below is the standard jargon I guess they send to everyone who falls victim of ParkingEye bullying & harassment techniques. I feel that this is so unethical and we need to stamp these m*&*&f((*& out!!

'On the XX XX 2013 vehicle 'PARKING EYE' entered the XX Polyclinic (Drop Off Zone) car park at xx:xx:xx and departed at xx:xx:xx on the xx XX 2013

The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land, the car park is managed by 'ParkingEye Ltd, that the maximum free stay authorised is 0 hours 10 minutes, along with other terms and conditions of the car park by which those who park in the car park agree to be bound.

By remaining at the car park for longer than the stay authorised or without authorisation, in accordance with the terms and the conditions set out in the signage, the parking Charge is now payable to the Parking Eye Ltd (as the Creditor).

You are notified under paragraph 9(2) (b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the drivers name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.

You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This warning is given to you under Paragraph 9(2)(f) of schedule 4 of the protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act.

Should you provide an incorrect address for service, we will pursue you for any Parking Charge amount that remains unpaid.

Should you identify someone, who denies they were the driver, we will pursue you for any Parking Charge amount that remains unpaid.'

I was in the Car Park approx 17 Mins.
I don’t have any evidence, the prescription was given to the Pharmacy, all I have a Txt message from the NHSNoReply on the xx Dec 2013 that my prescription has been sent electronically to your chosen pharmacy. Please arrange to pick it up at your earliest convenience

Thank You
I picked the prescription couple of hours later but the same day I received the txt.

So i'm not sure what to do. I'm a full time Carer caring for my father who is disabled.
On this one occasion I had to pop into the xx Polyclinic to pick up some Antibiotics from the Pharmacy to treat my father’s chest infection. The Pharmacy is connected to the Polyclinic; however is a separate entity i.e. not managed by xx Polyclinic it self.

I feel like just ignoring them, but I guess I would keep receiving letters then maybe court summons.

Do I go with this letter initially??
parkingcowboys.co.uk/wp-content/uploads/2013/10/Parking-Cowboys-Template-NTK-Challenge-131029.docx

My incident is very similar to this case,
//forums.pepipoo.com/index.php?showtopic=82714&st=20

I would appreciate any feedback, help because at the moment my energy levels are very low and looking after an elderly palliative care patient does take its toll. And it does not help with companies like this writing these letters and bullying you into payment. I feel for the ones who are vulnerable, who can’t voice their concerns and end up getting stressed and ill with these kinds of letters. I was about to pay them until I checked online that this is not right how they treat customers. I even reviewed the Watch Dog video and felt like doing what the Legal Advisor did, if you receive one of these letters just turn it into a paper plane and throw!! i'm sure we could argue that I ignored them because the Legal Advisor on Watch Dog told me to!!

Apologies for the detailed Post but its my first!!:)

Jackel

Redx

the watchdog video etc is all pre oct 2012 so pre POFA, so for E+W ignore that , but do not ignore this charge or PE, ignoring them would be stupid if you are in E+W

what you SHOULD DO is read through the sticky thread called NEWBIES - READ THIS FIRST by coupon-mad ( 4th one down ? ), also read the walk through in there too , explains a lot of it , as does this thread here https://forums.moneysavingexpert.com/discussion/4835943 too

once you are up to speed on this , start with a standard soft appeal letter , like this one , AS REGISTERED KEEPER (NOT THE DRIVER)

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) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

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 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 forward a popla verification code.

Faithfully

jackel430

Hi Redx, thanks for the reply. I have read that link as well. But should I also include this below after your letter?


The forum regulars now suggest a first appeal should include this at the end, after the actual keeper's appeal points:

'' 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. ''

This is discussed here and lays the basic trail needed if you should decide to claim against the PPC later on for the hassle of an unjustified charge. It also shows the PPC that you have appeal points that should win at POPLA:

Thanks

jackel430

just realised you did include ..i'm bad...

Redx

most of that was already included, but add any missing bits if you wish

jackel430

Redx wrote: »

most of that was already included, but add any missing bits if you wish

ok I will go with this letter that you have provided. Shall I send it via their website, appeal section?

The_Slithy_Tove

Go back to the clinic, seek out and demand to speak to the Practice Manager, or whoever is in charge (not the receptionist), and demand that they get this ticket cancelled. When they deny it's anything to do with them, or there's nothing they can do, that's when you call their integrity into question by accusing him/her of lieing to you. If they insist you appeal to PE, ask why you should provide a 3rd party company with reasons why you were visiting the clinic, where it's a private matter between you and the healthcare providers, and you're not entering into such debates with PE.

jackel430

The_Slithy_Tove wrote: »

Go back to the clinic, seek out and demand to speak to the Practice Manager, or whoever is in charge (not the receptionist), and demand that they get this ticket cancelled. When they deny it's anything to do with them, or there's nothing they can do, that's when you call their integrity into question by accusing him/her of lieing to you. If they insist you appeal to PE, ask why you should provide a 3rd party company with reasons why you were visiting the clinic, where it's a private matter between you and the healthcare providers, and you're not entering into such debates with PE.

Hi thanks for the heads up. However previous folks who have had problems or experience with this clinic know as soon as they try and speak to anybody with authority they hit a brick wall. Put it this way, this Clinic does not have a good review from their customers, and I already know handful of individuals who have moved to other practices which i am also considering.
I have previuosly complained to PALS as well about their service but as usuall nothing gets done or changed.
But I will try and get this squashed at the Clinic, not holding my breath tho..the other problem is getting the time to get there, as my father relies on me a lot, dont get much time to leave him.

kirkbyinfurnesslad_2

Send it via the website and a copy in the post. Don't rely on the clinic.
Then come here to win at popl a

jackel430

kirkbyinfurnesslad wrote: »

Send it via the website and a copy in the post. Don't rely on the clinic.
Then come here to win at popl a

oh thank you. I will fire one via the website and one via post on next week.

I agree with you, Im not going to get much luck with the Clinic

jackel430

Hey just noticed your location in your profile, is it coincidence that you reside in Chorley where ParkingEye reside! :think: