Parking Eye Ltd - Unfit to be in charge of vehicle - Parked to be sick!

Squibworth

Folks,

I am in the process of assimilating all the threads and reading all cases and deciding on a course of action.

I just wanted to get some form of indication from a seasoned veteran who could advise on the course of action in my particular case.

I have received for the first time in my life a "Parking Charge Notice" for overstaying in a Service Station on the M25.

I wanted to get some advice as to whether:

1. I should appeal or ignore the letters?

I have read somewhere that you should now choose to appeal rather than ignore.

I will commence the read of the newbies section but wondered realistically if going to appeal whether it would be a success?

2. My circumstances for appeal will be: Unfit to be in charge of the vehicle.

Facts.

I was attending a Medical and had not eaten or drunk the night before and then digested a couple of sandwiches, water and fizzy drink after 13:30 the following day (after my medical).

Driving along the M25 on the way home, I suddenly felt faint and dizzy, sweating profusely and nauseated. I came off at South Mimms parked up and as soon as I got out of my vehicle, on opening the door, knelt down and I vommitted violently by the side of my door, in the space I had parked.

Aside from the argument of being responsible for the cleaning bill, I was not well at all and went inside to clean myself up in the washroom, hydrate and took Neurofen but was still dizzy and needed a rest.

I took a nap in my car and 1 hour and 10 minutes after overstaying felt well enough to proceed with my journey after no longer being dizzy and left.

I now have a Parking Charge Notice from ParkingEyeLtd demanding payment of £100.00... £60.00 if paid in a few days times.

Just wondered what the approach from my end should be??

Thank You.

Redx

firstly you need to read the NEWBIES sticky thread at the top of this forum

secondly, send in a strong complaint to the landowner / service station

then you send in a soft appeal based on what THE DRIVER did or didnt do , the DRIVER was ill etc (no naming yourself or I did this - for now)

add it into this template soft appeal letter by stroma (forum member here)

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 your 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

after that its probably popla for you , where you win with a suitably worded proper appeal letter (no mitigation on this one, you win on legal jargon like the rest of us do)

this is a similar thread https://forums.moneysavingexpert.com/discussion/4798390

Squibworth

RedX,

Thanks for the reply. I have started to read around all the cases.

I did buy a coffee and a sandwich from Starbucks and some water - but sadly don't have the receipt any longer.

Once I have read all the relevant sections and based on your advice:

1. The letter to the landowner - Should the complaint be based around mitigation and I was sick etc or just a rant of due process?

2. The appeal will go to PE Ltd... i assume.

3. I will read up on the whole process..

Redx

Squibworth wrote: »

RedX,

Thanks for the reply. I have started to read around all the cases.

I did buy a coffee and a sandwich from Starbucks and some water - but sadly don't have the receipt any longer.

Once I have read all the relevant sections and based on your advice:

1. The letter to the landowner - Should the complaint be based around mitigation and I was sick etc or just a rant of due process?

2. The appeal will go to PE Ltd... i assume.

3. I will read up on the whole process..

1) you should rant as "mr extremely angry customer" but fairly polite and about mitigation etc - what would they do ? what if it was their wife or son ? blah blah , mention you did buy items from them but did not realise you had to keep receipts for several months just in case a parking company tried extortion ! - blah blah

2) send in less mitigation but add absolutely everything I copied and pasted into a soft appeal to PE asap anyway, no tardiness on this or point 1) either

add your appeal with mitigation as the starter but then the main appeal points at the bottom half (carrot and stick approach)

3) definitely read up on the whole process but do not let that get in the way of points 1) and 2)

deadlines apply on this, so point 3) can wait

Squibworth

Thanks Redx.

It was South Mimms Service Station, M25.

I will locate the "landowner" address.. My initial indications are indicative of the landowner being Welcome Break group..

Redx

Squibworth wrote: »

Thanks Redx.

It was South Mimms Service Station, M25.

I will locate the "landowner" address.. My initial indications are indicative of the landowner being Welcome Break group..

you will find dozens of WELCOME BREAK threads on here , so you may need to follow the special advice given to welcome break people like you as far as complaining to them is concerned , do not take your eye off the ball with the PE soft appeal , its cancel or issue popla code, no ifs or buts with them, and get it in this week , if not sooner

here is another WB thread you can study https://forums.moneysavingexpert.com/discussion/4840459 from absolutely furious !!

nigelbb

South Mimms is run by 'Welcome Break' but when you complain to them you could draw their attention to an article in the Guardian 'Money' section yesterday where someone stopped at a Motorway Service Area run by Moto. They were being chased for £120 which was cancelled by Moto when the Guardian intervened. The spokesman for Moto said that its policy is not to charge drivers who have genuinely fallen asleep and overstayed.

Squibworth

Thanks Guys.

Its amazing how much advice there is on this forum and I now feel like I'm about to go into battle!

Will keep you posted.

Coupon-mad

Squibworth wrote: »

I wanted to get some advice as to whether:

1. I should appeal or ignore the letters?

Appeal, as per the advice the others have already rightly given you! PE are litigious and POPLA stops that. Complaints sometimes stop that, but NOT to the CEO of Welcome Break and NOT by email - see the 'Successful Complaints about PPCs' sticky thread, specifically post #3. DO NOT email WB, do it by phone for the personal touch or you will get a PE-written template reply.

Squibworth wrote: »

I have read somewhere that you should now choose to appeal rather than ignore.

I will commence the read of the newbies section but wondered realistically if going to appeal whether it would be a success?

It will; we win 100% of POPLA appeals.

Squibworth wrote: »

2. My circumstances for appeal will be: Unfit to be in charge of the vehicle.

No it won't. But hopefully you have sussed that by now! The sickness thing is relevant only to add a reason for the rant in a complaint, not for POPLA as it won't help you.

Squibworth

All,

I just thought I would update this thread.

I have today received official notification that my fake PCN has been cancelled, thanks to the gentlemen that I picked up the phone to in Customer Services of Starbucks.

I thought I would try the appeal to the store/outlets inside WB South Mimms first before going to appeal to PE Ltd!!

He really moved heaven and earth to get this cancelled and it seems he is the main contact point that most people go through.

Kudos to Starbucks for actually caring about their customers.

Coupon-mad

Well done you, and well done Starbucks (much better than the CEO of Welcome Break who doesn't sort these out, and sends a reply written by PE!). I will add your success to the 'Successful Complaints about PPCs' sticky!