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Parking Eye Charge letter

now
now Posts: 851 Forumite
edited 24 January 2014 at 1:04PM in Parking tickets, fines & parking
Hi all
Received a letter from Parking Eye Charge today, a generic PCN for an overstay of 33 minutes. I have read some threads and the main article as they are a BPA registered company, using the template letter provided I have crafted this as an appeal and would like some opinions on whether what I have put here will work

[24/01/14]
Appeals Department
Parking Eye
P.O Box 565
Chorley
PR6 6HT

Dear Sir or Madam,

Ticket number: 4
Vehicle registration number:
You issued me with a parking ticket on and although not on the Parking on Private Land Appeals list of grounds for appeal I believe the ticket was unfairly issued and I will not be paying your demand for payment for the following



• The fee is disproportionate
According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £60 charge you are asking for far exceeds the cost to the landowner of £11 for 24 hours

I would need to have to stay for a period of just over 5 days justify the charge, I only over stayed by for which I will enclose a cheque for £11 to cover the cost to the land owner which is proportionate to my extended stay, I trust this will conclude the matter with the correct fee paid in relation to the overstayed time?

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,








Evidence for complaint
Hopwood park services website details as such with regard to parking charges
Parking Charges: Free for two hours, charges apply for longer stays. Cars: £10.00. Caravans, Coaches and HGVs: £22.50, including a £8.00 meal voucher

On the I made a general enquiry to Hopwood park services admin section on 0121 447 4000 who confirmed that a 24 hour stay is £11 at Hopwood Park Services
I will be honest I am not paying £60 for a XX minute overstay, I have no problem paying the £11 as I did overstay (only to my knowledge now)
Would this suffice?

Thanks
If you woke up this morning congratulations, you have another chance :j
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    problem there is you are naming the driver

    the correct appeal (after you receive an NTK) is more like this
    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) 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
  • Browntoa
    Browntoa Posts: 49,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Would leave off the price bit for now for a letter to parking eye, I would not offer to pay anything as it's not needed
    Ex forum ambassador

    Long term forum member
  • now
    now Posts: 851 Forumite
    Thanks Redx,
    So your letter would be the first port of call to start with, and what is the likelihood of it being dropped with that letter?
    Also just for my information how would I know these 2
    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


    Just so I can clarify if they ask, as it is a long drive back to Hopwood park to check the signs out, and check for their permission


    Thanks
    If you woke up this morning congratulations, you have another chance :j
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 February 2014 at 10:38AM
    this thread https://forums.moneysavingexpert.com/discussion/4816822 tells you all you need to know

    clearly you do not know the details of their contracts etc, that is why you are querying them or denying them , which you will be doing at popla with a more detailed appeal because it is unlikely that PE will divulge any details nor are they likely to cancel the charge either (usually they only cancel if you have receipts showing purchases of over £30 on any site)

    so the idea is to get a popla code, then beat them at popla using the templates from post #3 of that thread

    basically, you wise up and beat them at their own game

    its not your job to prove their signage or contracts are valid, that is their job if you dispute it
  • now
    now Posts: 851 Forumite
    Will get on to it like that then
    Step 1 send the first letter you posted to their appeals department
    Step 2 wait for response
    Step 3 get Popla code
    Step 4 use Popla template letter
    Step 5 win?
    If you woke up this morning congratulations, you have another chance :j
  • bod1467
    bod1467 Posts: 15,214 Forumite
    now wrote: »
    Will get on to it like that then
    Step 1 send the first letter you posted to their appeals department
    Step 2 wait for response
    Step 3 get Popla code
    Step 4 use Popla template letter, adjusted for my own circumstances and worded accordingly
    Step 5 win?

    That edit is important. We don't recommend people use templates verbatim. :)
  • now
    now Posts: 851 Forumite
    Excellent, thank you very much
    If you woke up this morning congratulations, you have another chance :j
  • now
    now Posts: 851 Forumite
    Just checking what word was meant to be here in bold


    "and your full unredacted contract with the landowner."


    Thanks
    If you woke up this morning congratulations, you have another chance :j
  • bod1467
    bod1467 Posts: 15,214 Forumite
    What's wrong with that word?

    Unredacted means "Unedited; With full contents visible and no sections masked out or otherwise obscured".
  • now
    now Posts: 851 Forumite
    Right I have a response
    Thank you for your letter blah blah, your appeal is unsuccessful.
    They have responded to only 1 question asked which is the justification of the charges, followed by three pages of case law (I assume to for the reader to think they will not win)

    But they have completely ignored these 2 questions
    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


    I now have a POPLA code and form, so am I right in thinking that I now need to fill out the POPLA letter, and staple it to the form that has been sent through?

    Or should I submit the same letter asking for points 2 and 3 to be answered? As it seems like they have selectively missed them.
    If you woke up this morning congratulations, you have another chance :j
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