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23 minute overstay with Parking Eye

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  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 10 March 2014 at 3:45PM
    It's never too late - even if a county court had ruled against you in default there are still things that can be done.
    And yes it's worth talking to the shop owners even if you don't have receipts - are you a regular shopper there - do you have bank statements showing purchases you didn't pay for in cash.
    A number of the retailers have clauses in their contracts to enable them to cancel them for genuine shoppers.

    Also regarding grounds - your particular circumstances don't matter
    What matters is the legal arguments the main two (there are others) being
    1/ Not a genuine pre estimate of loss
    If they cannot prove it is - then the charge is unenforceable.
    PEye have recently lost over 100 POPLA appeals on this ground alone
    There have been no known wins for them when this appeal point used
    An overstay in a free car park? £100? come on? Really is that fair?
    The law states they can only recover their loss for breach of contract
    What did they lose by an overstay in a free car park?
    £0.00 that's what.
    Even if it was P&D they have only lost the price of more time.
    2/ No authority/contract
    Many of these parking companies have not been given the necessary
    legal standing by the landowner
    Think about it for a day or so - wait until you see other advice that comes in - read up on the NEWBIES thread - check out some other posts regarding PE - take a look at the winning POPLA appeals against PE.
    If when you have read all these you still feel the same way then fair enough - only you can decide if this is worth challenging

    To all the other responders - apologies for any repetition- was in the middle of drafting this and hadn't seen you had already covered many of the points before I also sent mine
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 10 March 2014 at 5:11PM
    You need to change your mindset from "I done wrong, guv and I suppose I's better pay my dues" to "Yes, I made a mistake , but you are hitting me with a ludicrous penalty that is not only excessive, but private companies are not allowed to penalise people."

    our course of action is simple and not time consuming and saves you £100.

    1. Use one of our template appeals to Parking Eyd to get a frefusal plus POPLA code.

    2, Appeal to POPLA using one of our appeals and you win.

    See the POPLA Decisions thread for all of the victories we have, starting at the last post working back in time. and if busy mums with newborn babies can win with our help, why can't you.

    Now you may be retired, but you are not decrepit , so come on!!!!

    Edit :- Actually, if you find the Newbies thread too long, then just read the opening post here https://forums.moneysavingexpert.com/discussion/4917697

    That - or a version - is all you need - the appeal to the PPC and the appeal to POPLA when they reject you
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    playgoer wrote: »
    Ta, Redx. I shouldn't have said "the law", just a slip of the fingers. I've looked at the Parking Eye website, which has a lot of info about appeals, etc., as well as other threads on this site - including your link. But to be honest, I think I'll just have to pay up, because what reasonable grounds do I have for appeal, apart from ignorance? Sadly, if I hadn't ignored the Civil Enforcement one two years ago, I wouldn't have ignored this one! And at the moment I've got too much on my plate to get involved in lots of paperwork which isn't going to melt any hearts, in the end. However, what I shall do is nip back to the retail site I parked at (not stopping long), and let the shopkeepers know I'll never go there again, so they've lost my custom and my respect. Thanks to those who've helped with this post. Sometimes you just have to bite the bullet. Now I can see PE is a serious outfit, not a cowboy lilke Civil Enforcement. Their website's quite an eye-opener!

    its all VERY one-sided though isnt it

    they dont tell you about all the cases they have lost at popla or in court and there has been mention of this on parking pranksters website too

    they also lost this one posted here https://forums.moneysavingexpert.com/discussion/4917854

    and CEL are currently taking people to court so dont assume that these companies dont do it unless they are large companies, quite a few have done so

    but on the other hand dont give in so easily , try doing some research and beat them at their own game otherwise they will keep bullying people like yourself

    be a man and stand up for your rights too, like those who went to POPLA and to court and WON
  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In the NEWBIES thread there's a section about Small Claims where I link all the recent wins v Parking Eye, won by normal ordinary people who took forum advice.

    And if you appeal now then you can engage them in communication which is better than ignoring it. Send the template appeal from the NEWBIES thread, online to PE (costs NOWT) and see what you get back. Here's another NEWBIE who has read the sticky threads, but unlike you they have NOT thought 'oh I'm bang to rights' realised it is all fake and has understood the NEWBIES thread info and is using it:

    https://forums.moneysavingexpert.com/discussion/4917697

    So far you have sounded like the perfect victim, which is a shame. You have even gone and read a PPC's website and swallowed their biased drivel hook, line and sinker.
    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
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 11 March 2014 at 12:43PM
    playgoer wrote: »
    Hi, ColliesCarer, I followed a link to find all the above - makes sense. Lordazathoth -would it be OK to make use of your template to submit my own appeal online to PE? (And do I also need to follow up with a hard copy?) The reason I was a bit thrown by the PE website was that they - cunningly - used arguments picked off this/ other forums to unsettle potential appealers, and it worked! I did read all the Newbie stuff, but just put that together with the PE website and felt it didn't apply - but I can see that your advice and that of others is in fact applicable to me, too. And you do all know what you're doing! Interesting to see how many people have pointed out that the signage on these sites is always too high to be read by preoccupied drivers entering and looking for a space - that's not an accident!

    Hi again,
    I have copied this over because it's better to continue to respond to you here otherwise you would be hijacking the other posters thread - and that's not good forum etiquette.
    Also the other poster may not be back on now until they receive their response from PE.
    Coupon-Mad included the link to that other post to show you what is possible for a NEWBIE like yourself and the letter is mostly a template she produced for people to use.
    You will find it on the NEWBIES sticky thread
    https://forums.moneysavingexpert.com/discussion/4816822
    - find it, then copy and paste it here.
    It will need to be slightly adapted for the late appeal you will be making.
  • playgoer
    playgoer Posts: 57 Forumite
    Thanks. Didn't intend to hijack anyone's post, so thanks for putting mine in the right place.When I've done the copy/paste stuff, I'll come back to you all to consult about that adaptation about the late appeal.
  • playgoer
    playgoer Posts: 57 Forumite
    Another question - I've just dug out a credit card statement showing that I did make a purchase at one of the shops in the retail park. Would it be worth going there and asking the manager/ess if he/ she could do anything? I've no idea how to approach that! Obviously it would be some kind of proof of genuine shopper-ness if I added a copy to my appeal, but what about talking to someone in the store itself? Sadly I don't have any other proofs of purchase in any other of the shops - not my fault, they just didn't have anything I wanted to buy!
  • ampersand
    ampersand Posts: 9,672 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 11 March 2014 at 8:41PM
    playgoer wrote: »
    Ta, Redx. I shouldn't have said "the law", just a slip of the fingers. I've looked at the Parking Eye website, which has a lot of info about appeals, etc., as well as other threads on this site - including your link. But to be honest, I think I'll just have to pay up, because what reasonable grounds do I have for appeal, apart from ignorance? Sadly, if I hadn't ignored the Civil Enforcement one two years ago, I wouldn't have ignored this one! And at the moment I've got too much on my plate to get involved in lots of paperwork which isn't going to melt any hearts, in the end. However, what I shall do is nip back to the retail site I parked at (not stopping long), and let the shopkeepers know I'll never go there again, so they've lost my custom and my respect. Thanks to those who've helped with this post. Sometimes you just have to bite the bullet. Now I can see PE is a serious outfit, not a cowboy lilke Civil Enforcement. Their website's quite an eye-opener!
    ############
    Now come along playgoer - I, too, have some ongoing invitations to fund bounty hunter exceutive lifestyles. I'm retired too[don't know where GuysDad had that ref. from, but it matters not], this from c-m does:

    So far you have sounded like the perfect victim, which is a shame. You have even gone and read a PPC's website and swallowed their biased drivel hook, line and sinker.

    Please just don't.

    Do you seriously feel you should be funding bunfights like this?
    http://www.britishparkingawards.co.uk/2014/shortlist.php

    Take heart from The Parking Prankster:

    http://parking-prankster.blogspot.co.uk/search?updated-min=2014-01-01T00:00:00-08:00&updated-max=2015-01-01T00:00:00-08:00&max-results=50

    and read ACCURATE i.e. Court transcripts of Hearings and ACCURATE figures of their losses. You will smile and chuckle; you may well even laugh out loud at some of them.

    Now, that's better - I've made you a virtual cup of whatever. It's time to lift your head and your heart and know you're in the company of PROVEN EXPERTISE right here.

    If you can't/won't try, I will gladly send you some more Demands for Money for my trip back to NZ next month[they will look'Official' but I won't tell you they are unenforceable]

    Please don't give in or think about anything other than the tireless support of so many good, caring people - all free, all here, all ready and longing to help YOU.

    :rotfl::rotfl:Now I can see PE is a serious outfit, not a cowboy like Civil Enforcement.:rotfl::rotfl:

    Parkie will love that one.

    'Sometimes you just have to bite the bullet.'
    You surely do, playgoer - so, read those highlighted Threads from all the good people above and on with that killer letter. Come back here at each stage while your confidence is picking up again.
    CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
    01274 760721, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 11 March 2014 at 3:52PM
    playgoer wrote: »
    Another question - I've just dug out a credit card statement showing that I did make a purchase at one of the shops in the retail park. Would it be worth going there and asking the manager/ess if he/ she could do anything? I've no idea how to approach that! Obviously it would be some kind of proof of genuine shopper-ness if I added a copy to my appeal, but what about talking to someone in the store itself? Sadly I don't have any other proofs of purchase in any other of the shops - not my fault, they just didn't have anything I wanted to buy!

    Yes it's worth speaking to the specific retailer something was bought from but I would say it's also worth talking to the other shops visited that day, especially if shop with them normally - no law against browsing is there.
    Do you know who the landowner is? Could be worth contacting them as well.
    Just take a copy of the proof of purchase along but blank out any details they don't need to know about with say a black felt tip marker pen (called redacting) and ask to speak to the manager. Explain the harassing letters you are receiving and ask them to cancel the charge.

    But for now the most important thing to do is to get that late appeal letter sorted
    so put your best two typing fingers forward and lets help you get that in - you'll feel so much better once you've taken action!!
  • Coupon-mad
    Coupon-mad Posts: 152,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are not at court claim stage and you have a receipt to attach to the appeal to PE.

    What's not to like about a simple cut & paste of the first appeal template from the NEWBIES thread, and just add a 'point #4' to say 'the driver NOT 'I') was a genuine customer and although they paid cash for smaller items, you are able to attach a credit card proof of payment of £xx to xxxxxxx store (cover your name & credit card number of course).

    PE actually cancel when they see a receipt of a fairly decent amount. Doing that appeal online is easier than going back to the place to complain and may well result in a cancellation letter.

    Overstaying when shopping isn't a crime and PE cancel these all the time when a receipt is shown - they are one of the few PPCs who do so routinely.
    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
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