ParkingEye at Tandem Centre, Colliers Wood

newmother

Hi. I have seen a few threads regarding PE at Colliers Wood Tandem Centre but can't see if anyone has recently been successful in appealing a PCN.

They want £100 or £60 if I pay early. I parked for 3hrs 25mins and the max is 3hrs. Didn't see any signage although on revisiting it is clear - and PE make reference to the clear signage in their PCN. Apparently it is private land. They have pics of the car arriving and leaving - and my partner can be seen driving.

I have receipts from the shops I visited on the day in question as well as a restaurant receipt. I'm also a breastfeeding mother and had my son with me. Should I pay up or challenge?

Any help would be appreciated...

Coupon-mad

All of the above is covered in the 'Private parking ticket? NEWBIES please read this first!' sticky thread at the top of the forum. I even tell you to include copy receipts when appealing (and PE often cancel when they see them). You can submit the template appeal in the newbies thread, with receipts, ONLINE and it will be done in 15 mins flat! PE might cancel as well.

Of course a retail park is 'private land'! It amazes me when people think otherwise, of course it is because it's not Council land! So what? We win every time v Parking Eye on appeal.

You could also certainly complain to the retail park about harassment of a breastfeeding mother - but that's also covered in the sticky threads in post #6 of the NEWBIES sticky (there's a link to a long thread all about how to complain which includes breastfeeding Equality Act protected scenarios).

newmother

Thanks Coupon-mad. I did look through the NEWBIES thread but there's quite a bit of info to get through. I was interested to hear any success stories specific to the Tandem Centre and the appeal letter used. Is the following template the one to use? - adding a para referring to the receipts and breastfeeding:

---

Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

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 and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your NTK failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:
(a) any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late to appeal as keeper or requiring more evidence when clearly the above represents my full challenge, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(b) If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my costs 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 hereby agree to pay these costs as liquidated damages when I prevail.

Yours,



{the registered keeper's name} NO NEED TO USE A REAL SIGNATURE

Coupon-mad

Obviously search the forum for the word Tandem if you want to see if it's ever been mentioned. The NEWBIES thread has all the info you need including how to search this forum for similar cases - and yep, you found the template appeal. That's fine - especially with receipts.

newmother

Success. Used the template and added a few words about the receipts and breasfeeding mother and it has been cancelled. Thanks for all your help.

ParkingFury

That's really great to hear. From reading the forums I didn't think PE ever cancelled.
I have a similar thing going on at the moment but have heavily pregnant wife and seriously disabled mother in law with 12 min overstay (due to dificulties in getting the MIL back in the car!)

Hopefully I will have the same result

Redx

ParkingFury wrote: »

That's really great to hear. From reading the forums I didn't think PE ever cancelled.
I have a similar thing going on at the moment but have heavily pregnant wife and seriously disabled mother in law with 12 min overstay (due to difficulties in getting the MIL back in the car!)

Hopefully I will have the same result

you should do given that you are approximately on the BPA time allowed to park and depart (remember the parking time is the time parked, not the time queueing to get in or out) plus the EA 2010 covers you as well due to your partner and the disable mother in law too

if you need any help, start your own thread though, for clarity on this

Guys_Dad

ParkingFury wrote: »

That's really great to hear. From reading the forums I didn't think PE ever cancelled.
I have a similar thing going on at the moment but have heavily pregnant wife and seriously disabled mother in law with 12 min overstay (due to dificulties in getting the MIL back in the car!)

Hopefully I will have the same result

Actually, PE are probably one of the best for cancelling tickets for genuine shoppers, although they are less friendly at ALDI for some reason.

Coupon-mad

Well done! So now yours is a thread for other newbies to read, as a 'success story specific to the Tandem Centre'. Nice result.