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Parking Eye Charge letter

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 February 2014 at 10:39AM
    now wrote: »
    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.

    yes they have got tunnel vision and missed anything they arent comfortable with and dont have to prove

    you now have your popla code so all you do now is draft your popla appeal in notepad and copy and paste it here for checking , minus your personal info of course

    you cannot enter into anything further with PE , its popla now so concentrate on winning at popla

    all details and links in here https://forums.moneysavingexpert.com/discussion/4816822

    posts #5 and #6 told you all this

    once you have a winning draft, you can print and staple and send to popla (in less than 28 days), or send it online using the code , or both (in less than 28 days)

    so say within the next 3 weeks
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 February 2014 at 5:48PM
    now wrote: »

    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.

    You seem to be missing the point about 'How to win at POPLA'. I do hope you were not about to merrily send the POPLA form off without working on a winning POPLA appeal? That's how your posts reads! Also you do realise the appeal now gets sent online or by post to POPLA themselves, not the PPC?

    Show us your draft POPLA appeal but please, only AFTER you have read & copied from 'How to win at POPLA' in post #3 of the sticky thread which has already been posted for you twice. Sorry if I am wrong and you were already on the case. Your appeal wording is important - and yes if you end up posting it you do staple the POPLA form to the front of your 'winning words', making sure the POPLA code is on every {numbered} page of wording.

    You tick 3 out of 4 appeal boxes (just not the stolen car one of course). But please let's see your draft first.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • now
    now Posts: 851 Forumite
    edited 7 February 2014 at 10:51AM
    I had a letter, it didn't get saved, or if it did it has gone.
    What I have used is the template letter on this page, post number 20
    https://forums.moneysavingexpert.com/discussion/comment/64391091#Comment_64391091

    Now the only bit I have changed is the "no breach of contract, no breach of loss" section, so this is my edited version
    NO BREACH OF CONTRACT AND NO GENUINE PRE-ESTIMATE OF LOSS

    The parking charge levied for the car park is “free” for 2 hours and any time after is rated at £11 for 24 hours, this was confirmed by a phone call to Hopwood Park Services, the alleged overstay is 33 minutes . On the date of the claimed loss it was only at approximately 20% capacity and there was no physical damage caused. There can have been no loss arising from this incident. Neither can Parking Eye lawfully include their operational day-to-day running costs in any 'loss' claimed. I contend there can be no loss shown whatsoever; no pre-estimate (prior to starting to 'charge for breaches' at this site) has been prepared or considered in advance. On working out the 'loss' using the basis that £11 is equal to 24 hours, an alleged 33 minute over stay would be equal to £1.20, to incur a 'loss' of £60 I would have to stay in a full car park for 5.5 days, and the £100 pre discounted 'loss' I would have to stay in a full car park for 9 days.




    Or should I just use that template letter as is? The only reason I changed it is due to the person who wrote that, had it worded like so


    UN-EDITED VERSION
    There was no parking charge levied, the car park is “free”. On the date of theclaimed loss it was only at approximately 20% capacity and there was nophysical damage caused. There can have been no loss arising from this incident.Neither can ParkingEye lawfully include their operational day-to-dayrunning costs in any 'loss' claimed. I contend there can be no loss shownwhatsoever; no pre-estimate (prior to starting to 'charge for breaches' at thissite) has been prepared or considered in advance.



    As I say, the rest is just a copy and paste from the link above.

    Cheers



    EDIT: Sorry forgot to say, I didn't add the end part of that letter about offering to pay.
    If you woke up this morning congratulations, you have another chance :j
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's fine to use your version which makes a lot of sense - except you give away the driver if you say (twice) 'I would have to stay'! You need to change both times to 'a driver would have to stay'. Other than that - great - if I had realised this was a Motorway Services, that template you found IS the one I would have suggested you use!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • now
    now Posts: 851 Forumite
    Excellent, I have edited and made reference only to myself being the registered keeper and not the driver.

    Just sent it off now, will let you know how I get on.
    If you woke up this morning congratulations, you have another chance :j
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you post it to POPLA make sure you staple all the printed pages together, with the 10 digit POPLA code at the top of every page. And a POPLA form securely attached to the front (no paper clips nor just folded into an envelope) with any boxes ticked (not the stolen car one).

    Or submit it to POPLA online.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • now
    now Posts: 851 Forumite
    Well I have had my decision through from Popla
    Appellant)
    -v-
    ParkingEye Ltd (Operator)
    The Operator issued parking charge notice number 03661
    arising out of a presence on private land, of a vehicle with registration
    mark
    The Appellant appealed against liability for the parking charge.
    The Assessor has considered the evidence of both parties and has
    determined that the appeal be allowed.
    The Assessor’s reasons are as set out.
    The Operator should now cancel the parking charge notice forthwith.


    Reasons for the Assessor’s Determination
    It is the Appellant’s case that the parking charge notice was issued
    incorrectly.
    The Operator has not produced a copy of the parking charge notice, nor any
    evidence to show a breach of the conditions of parking occurred, nor any
    evidence that shows what the conditions of parking, in fact, were.
    Accordingly I have no option but to allow the appeal.

    Assessor

    :T
    If you woke up this morning congratulations, you have another chance :j
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Yet another PE cop-out.
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