Should I fight PE or pay up?

notmartinlewis_2

Hi,
Got a ticket from PE, situation was a little odd.
I was waiting for family to arrive at the location. We had intended to stay (and pay of course), but the weather was horrible and there was a flood alert out - we were only 30 meters or so from the waters edge. So when family did arrive (turns out this was about 30 later), we decided we should go somewhere safer.
Ironcially, when things calmed down, we returned later and paid up for parking.
I have a notice, I'm tempted to just pay the £60 rather than the faff of a fight.
Any thoughts?
NML

da_rule

The faff of a fight will involve amending two template appeal letters. The first to ParkingEye and the second to POPLA, after ParkingEye reject your appeal. It's entirely up to you of course. But if you follow the process as laid out in the Newbies sticky thread the parking charge will get cancelled.

notmartinlewis_2

Do you think the circumstances are mitigating, or not even worth mentioning? Just use the default appeal reasons?

Hot_Bring

notmartinlewis wrote: »

Do you think the circumstances are mitigating, or not even worth mentioning? Just use the default appeal reasons?

NEVER use mitigation.

da_rule

ParkingEye are not a reasonable company and do not care about mitigation. They will reject your appeal out of hand.

POPLA cannot consider mitigation. I would therefore leave it off of both (you could include it in the appeal to ParkingEye as an additional point, but definitely leave it off of the POPLA appeal) and stick to the templates. The BPA code of practice says that drivers should be given a grace period, usually 5 minutes. You overstayed this so the mitigation is likely to fall on death ears.

The_Deep

By not paying, and costing them money for their temerity in claiming that your selfish disregard for private property owners rights has cost them £100, you will be striking a blow for all the sheeple who do pay.

ampersand

Go straight to the NEWBIES STICKY THREAD, op.- to Forums > Motoroing > Sub-Boards > Parking Fines[in blue]

Go by coupon-mad's Bible. Experts on these Threads give hours every day to helping people like you, but you must start by helping yourself.

Noting your name, only a notmartinlewis would even consider feeding these oicks.

Now, mustn't delay your reading any longer .......

Come back for any letter fine-tuning advice.
#
Then go to The Parking Prankster's blog and feel much better about the whole charade -
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

HO87

I would suggest that you remove all mitigation from your appeal to PE. Mitigation, unless well crafted, often provides hostages to fortune and you are under no obligation whatsoever to disclose anything to them - least of all the identity of the driver. I'd stick to the appeal points in the templates and leave it at that.

The crucial thing to keep in mind while you draft up your own appeal - from the templates - is that what happened on the day is unlikely to be of any relevance (unless you were to appeal on the basis that you owned the parking space or were entitled to an Equality Act reasonable adjustment). Stick to the appeal points in the templates as these go to the very heart of the legality of the private parking regime.