Parking Eye Further Help Please

Umkomaas

They are failing to comply with the BPA Code of Practice. Complain strongly to the BPA and the DVLA that PE have not included a POPLA code with their rejection. Both email addresses are in the NEWBIES sticky.

Copy both complaints to ParkingEye. Tell them that your costs are rising and you will be pursuing them for recovery if the parking charge is not cancelled.

bod1467

jon_efc wrote: »

Do you think i have grounds to win this case?

Is the pope a Catholic?
Do bears crap in the woods?

jon_efc

haha !!!

Ill write the letter shortly. So should the letter to PE then have the 2 attachments which is to the BPA and DVLA ?

Thankyou again !

Umkomaas

jon_efc wrote: »

haha !!!

Ill write the letter shortly. So should the letter to PE then have the 2 attachments which is to the BPA and DVLA ?

Thankyou again !

Yep - do just that.

greyteam1959

The_Deep wrote: »

That is probably because they fell asleep before getting round to issuing it.

When dealing with PPCs keep it short and keep it simple. Save your ammunition for Popla.

I have never seen such a rambling letter in all my life !!!
Over 80 % of what you wrote is irrelevant.......
I never did read it all !!!
:rotfl::rotfl:

Nodding_Donkey

I didn't see it as an appeal at all, just a mish mash of statements and a few questions.

Maybe you should try an appeal?

jon_efc

Wrote the following letter to PE...

Does this sound ok?

I am a little confused what to write to BPA and DVLA, although i have found the sticky with the addresses. Do i email these, or write letters?
Also what is it im complaining about etc? and do i include all documentation?

This bit i need a little advice with ... sorry !!

David Dunford
Operational Manager
Data Sharing Team - C1East
DVLA
Swansea
SA99 1DY
david.dunford@dvla.gsi.gov.uk

And

Steve Clark
Head of Operational Services
British Parking Association
Stuart House
41-43 Perrymount Road
Haywards Heath
West Sussex
RH16 3BN
steve.c@britishparking.co.uk

The letter for parking eye is below !!

---

Dear Parking Eye,

REF Number : *** / ****

On **/**/2014 I wrote a letter appealing my Parking Invoice dated **/**/2014 and received a response dated **/**/14 in which you have clearly ignored my 3 page letter and photographic evidence which you requested as an appeal, and instead sent me an automated "Rejection of Invalid Invoice" letter.

As part of the policies instructed by DVLA in regards to parking related incidents your company is breaching the BPA code of practice by not providing me with a POPLA code.

It is not my job to request a POPLA code, and I shouldn't have to request one either. This is stated in your own procedure policy on the back of the original invoice.

" If the appeal is unsuccessful, you will be advised in writing and you will also be provided with the details of the Independent Appeals Service (POPLA), their contact details and a unique appeal reference."

I also contacted you via email on the **/**/2014 however received no response at all.

As you have failed to address any of the issues stated in my previous letter, I am giving you 14 days to either Reject or Accept the appeal. If you don't provide me with a POPLA code within this time period, I will deem the appeal has been accepted.

I have attached two letters, which I have also sent to BPA and DVLA regarding your practices, and have attached them to this letter for your reference.

My costs as stated in my letter dated **/**/2014 are rising and I will be pursuing them for recovery if the parking invoice is not cancelled.

Yours,

*** *** ***

jon_efc

Nodding_Donkey wrote: »

I didn't see it as an appeal at all, just a mish mash of statements and a few questions.

Maybe you should try an appeal?

So do i then send the default appeal at the top... or is it past this stage? Surely it is an appeal? even if i did ramble?

I thought i was dealing with a decent-ish company, who may have accepted what i said, but guess not !!

jon_efc

I have changed the above letter back to PE to the below. Which now incorporates a mixture of the POPLA and also the again appeal incase the first time wasnt clear.

does this sound ok?

I just need some help now with the contacting BPA and DVLA if possible??

---

Dear Parking Eye,

REF Number : ****** / ******

As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I contacted you previously on **/**/2014 in which you have failed to accept or decline my appeal in the letter dated **/**/2014 and as such I wish to invoke your appeals process again.

As part of the policies instructed by DVLA in regards to parking related incidents your company is breaching the BPA code of practice by not providing me with a POPLA code.

It is not my job to request a POPLA code, and I shouldn't have to request one either. This is stated in your own procedure policy on the back of the original invoice.

" If the appeal is unsuccessful, you will be advised in writing and you will also be provided with the details of the Independent Appeals Service (POPLA), their contact details and a unique appeal reference."

I also contacted you via email on the **/**/2014 however received no response at all.

As you have failed to address any of the issues stated in my previous letter, I am giving you 14 days to either Reject or Accept the appeal. If you don't provide me with a POPLA code within this time period, I will deem the appeal has been accepted.

I deny all liability to your company 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 your ATA 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 recent Notice 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) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my 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 and legal fees as well as liquidated damages for distress arising from harassment.

I have attached two letters, which I have also sent to BPA and DVLA regarding your practices, and have attached them to this letter for your reference.

My costs as stated in my letter dated **/**/2014 are rising and I will be pursuing them for recovery if the parking invoice is not cancelled and you acknowledge and imply full understanding of the above by continuing to pursue me.

Yours,

**** *** ***

Nodding_Donkey

jon_efc wrote: »

So do i then send the default appeal at the top... or is it past this stage? Surely it is an appeal? even if i did ramble?

I thought i was dealing with a decent-ish company, who may have accepted what i said, but guess not !!

It has to be obviously an appeal, otherwise they will just use it as an excuse to not to issue a POPLA code which costs them money.

In relation to (my)bold bit: How could you possibly think that if you have read the forum?