Parking Eye parking charge - Still unsure what to do

NorthernSoul89

Received a letter from Parking Eye this morning in the post. I parked in a private car park in Warrington by Warrington Bank Quay station (not a National Rail car park). The car park only dealt in 24 hour parking, and I was only staying for about 20-25 minutes, so just left it there whilst I was at the station.

The date of event was 8th Feb 2014, and the notice was issued on the 13th and only received today. The charge is £100 and due on the 13th March, or discounted to £60 if paid by the 27th.

I've read through countless other threads with others dealing with Parking Eye, and read through the stickies, but still not entirely sure what to do due to my circumstance?

bod1467

Your situation is absolutely NO DIFFERENT to almost ANY other Parking Eye thread. What is in the stickies applies absolutely to your situation.

kirkbyinfurnesslad_2

As above
What exactly makes you think your circumstances are any difference to all the others?

NorthernSoul89

Well I'm not saying my situation is entirely different, just a bit lost with it all such as some other threads about Parking Eye are people who were sent a PCN because they returned to a car park at a later time, or they were given a PCN because they parked in a supermarket carpark and were thought to not be shopping at the store etc. whereas my situation is simply I just didn't pay for the 20 minutes I was there?

bod1467

Doesn't matter. All you owe them (maximum) is the unpaid fee and an admin charge (so perhaps £12 tops). Their PCN amounts to a penalty and is not enforceable in law - in this respect your situation is identical to all the others.

Coupon-mad

NorthernSoul89 wrote: »

Well I'm not saying my situation is entirely different, just a bit lost with it all such as some other threads about Parking Eye are people who were sent a PCN because they returned to a car park at a later time, or they were given a PCN because they parked in a supermarket carpark and were thought to not be shopping at the store etc. whereas my situation is simply I just didn't pay for the 20 minutes I was there?

You'd find loads of cases just like yours by searching the forum, use the keyword 'display' and don't just look at PE threads. 'Search this forum' is a heading above the sticky threads, next to forum tools and works best if you change the default search to 'show posts'. Loads of 'Excel' cases like yours for starters.

But TBH that's a waste of time as you simply need to do an online appeal about 'not a GPEOL' and 'no standing' as shown in the NEWBIES sticky. Acronyms are all explained there too!! Write as keeper - your case is no different than a free car park case really in terms of the legal arguments that will win.

NorthernSoul89

bod1467 wrote: »

Doesn't matter. All you owe them (maximum) is the unpaid fee and an admin charge (so perhaps £12 tops). Their PCN amounts to a penalty and is not enforceable in law - in this respect your situation is identical to all the others.

Coupon-mad wrote: »

But TBH that's a waste of time as you simply need to do an online appeal about 'not a GPEOL' and 'no standing' as shown in the NEWBIES sticky. Acronyms are all explained there too!! Write as keeper - your case is no different than a free car park cases really in terms of the legal arguments that will win.

So I'm right with just starting off sending a soft appeal such as this (courtesy of Redx)?

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

Redx

that will do for starters, chances are they wont cancel and will (or should) issue a popla code

so send that template off and start on your popla appeal in notepad , for the next stage - winning at popla

NorthernSoul89

Cheers, I'll get that written up in my lunch break today!

Chris_J_Moran

Just to give you some inspiration to see this through, I have appealed two PCNs in the last few months and won them both. So it really is worth the effort to follow the brilliant advice on these forums and see it through to the end.

Thank you to all those who helped me with my own case(s).

NorthernSoul89

Thanks

I've been reading through some of the previous POPLA appeals that have been successful and it's not as overwhelming as it once was when I first received the letter yesterday. I'm glad the first thing I did was head on over here about it instead of just bending over and paying as it's the first PCN I've had from a private company.