Parking Eye Further Help Please

jon_efc

Nodding_Donkey wrote: »

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?

I did read the forums.. but still thought any reasonable company would have some sort of reasonable resolutions.

I mean 99% of people wouldnt even offer them a token gesture, i offered them £10.00

I was totally wrong !

Can anyone help with the letter in regards to BPA and DVLA?

ampersand

Jon, do remove EVERY VESTIGE of ref.no./mob.no/dates etc. from your posts 2, 3, 18 and 20 at once.

You are NOT dealing with 'any reasonable company'
You MUST learn to joyously bookend any such verbiage with:rotfl::rotfl::rotfl:.

Now, just head to NEWBIES CHAPTER&VERSE again, select and tweak appropriate letter, as advised.

Let us see them first.
Email bpa and DVLA - send politely firm, indignant reminders if unanswered specifically, every 48hrs. It all adds to your POPLA mix.
###########
Heads up to everyone on this latest from TPP -
[interesting, VERY interesting FOI chain re:PE 'witness' statements.]
http://parking-prankster.blogspot.co.uk/2014/03/parkingeye-witness-statement.html#comment-form

Don't waste time on mitigation which goes unread - a brief supplementary sheet at most can cover circs.

Crossposting Stroma - apologies - op HAVE YOU READ STROMA'S SIGNATURE ADVICE?

We'll help, gladly, but understand the nature of your foe - as the experts[not moi,yet] are advising you from long, constantly updated experience. Act accordingly.

Stroma

I would like to know how you came to the conclusion that you are dealing with a reasonable company?

I would like to point this out

1) parking companies are in the business of money
2) every appeal accepted potentially costs them money
3) these private companies are not an authority
4) their trade body the bpa is not a regulator
5) the bpa is completely funded by parking companies
6) the directors of the bpa are parking company owners
7) popla is owned by the bpa

Now understand that these companies, lie , cheat, deceive, act illegally, have no entitlement to your money, and are basically the dregs of society.

Umkomaas

Stroma wrote: »

I would like to know how you came to the conclusion that you are dealing with a reasonable company?

I would like to point this out

1) parking companies are in the business of money
2) every appeal accepted potentially costs them money
3) these private companies are not an authority
4) their trade body the bpa is not a regulator
5) the bpa is completely funded by parking companies
6) the directors of the bpa are parking company owners
7) popla is owned by the bpa

Now understand that these companies, lie , cheat, deceive, act illegally, have no entitlement to your money, and are basically the dregs of society.

PS - Apart from that, they're not a bad bunch :rotfl:

Perfect description Stroma!

jon_efc

ampersand wrote: »

Jon, do remove EVERY VESTIGE of ref.no./mob.no/dates etc. from your posts 2, 3, 18 and 20 at once.

You are NOT dealing with 'any reasonable company'
You MUST learn to joyously bookend any such verbiage with:rotfl::rotfl::rotfl:.

Crossposting Stroma - apologies - op HAVE YOU READ STROMA'S SIGNATURE ADVICE?

We'll help, gladly, but understand the nature of your foe - as the experts[not moi,yet] are advising you from long, constantly updated experience. Act accordingly.

I have just gone through and deleted all information about my case.. other than the fairly specific details of the original letter.

jon_efc

Stroma wrote: »

I would like to know how you came to the conclusion that you are dealing with a reasonable company?

I would like to point this out

1) parking companies are in the business of money
2) every appeal accepted potentially costs them money
3) these private companies are not an authority
4) their trade body the bpa is not a regulator
5) the bpa is completely funded by parking companies
6) the directors of the bpa are parking company owners
7) popla is owned by the bpa

Now understand that these companies, lie , cheat, deceive, act illegally, have no entitlement to your money, and are basically the dregs of society.

Learnt something new here. Sounds like an absolute farse to be honest !!! thankyou !!

jon_efc

Is this ok to Send to both BPA and DVLA ???

---

Dear Sir / Madam,

REF Number : *****

I am contacting you with regards to a Parking Eye Invoice dated **/**/2014 for parking in *** Retail Car Park, ***. I have attempted to contact Parking Eye through the means advertised on their invoice, however failed to get a response from the Webform contact, and received an automated, and irrelevant letter back dated **/**/2014.

As explained in my letter to Parking Eye I strongly dispute their invoice to myself, and have denied all liability to this 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) Their signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) They are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

The letter I have received back from Parking Eye was a "Rejection of Invalid Invoice" and failed to provide me with any POPLA Code and as such breaches the BPA code of practice.

I have since re-wrote another letter back to Parking Eye, outlining again for a second time my request to accept my appeal, and have advised that if they continue to pursue me illegally I will be seeking recovery costs and advise in court of the continual harassment.

I look forward to your swift and prompt reply to this very serious and worrying issue.

Yours,

*******

jon_efc

The letter to PARKING EYE is below :


Dear Sir / Madam,

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,

*****

jon_efc

sorry i know people are probably very busy ! but if anyone can say if my letters are ok, that would be grand !

Want to post them today you see

** impatient sod !

jon_efc

sorry to bump this. but its dropped to second page and really could do with some urgent help