Parking Eye Ticket - Morrisons Chester-le-Street

garyh123

Hi


Just after a bit of advice, really just to confirm what I plan to do is correct.


My mother got a parking charge notice from parking eye when my brother had the car parked in morrisons. He says he paid for ticket as normal and it was displayed, but we don't have original ticket any more.


I was planning on appealing as per advice in other threads above, using the standard response below. Once turned down, I then use the standard Popla response to appeal to them directly.


What I wasn't sure about was as we don't have parking ticket or receipt from morrisons whether it was worth contacting their CEO directly and at what stage I'd do that.


Thanks for any advice, just want to make sure I do it right first time. I'm aware of at least 5 or 6 other people who have had the same letter over past week or so all of who say they had tickets - I have advised them to look on here also and follow the advice.


thanks


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 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.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,



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

bod1467

You've got it correct.

Having the ticket is a bonus, but following the process is a must. As is complaining to Morrisons. (Lots of examples of this if you search here).

In your appeal to PE, if you have a receipt for shopping at Morrisons then include that as an appeal point and include a copy of the receipt. (PE will often cancel PCNs if they see proof of being a customer).

Was this an ANPR system, so the first notification was through the post?
If yes and he bought a ticket, why was a PCN issued anyway? Did he enter an incorrect reg number, or not advise customer services of the reg number?

(These latter questions are purely out of interest - following the appeals process is what needs focus).

PS - is that the supermarket at the top of Chester? Didn't that used to be a Safeways or something? (I used to live in Birtley).

garyh123

bod1467 wrote: »

You've got it correct.

Having the ticket is a bonus, but following the process is a must. As is complaining to Morrisons. (Lots of examples of this if you search here).

In your appeal to PE, if you have a receipt for shopping at Morrisons then include that as an appeal point and include a copy of the receipt. (PE will often cancel PCNs if they see proof of being a customer).

Was this an ANPR system, so the first notification was through the post?
If yes and he bought a ticket, why was a PCN issued anyway? Did he enter an incorrect reg number, or not advise customer services of the reg number?

(These latter questions are purely out of interest - following the appeals process is what needs focus).

PS - is that the supermarket at the top of Chester? Didn't that used to be a Safeways or something? (I used to live in Birtley).

Thanks


Yes it was a ANPR and first notification through post. Not sure what happened tbh, I can only assume he either put the reg in wrong or didn't display ticket correctly. He wasn't shopping at Morrisons so didn't have a receipt from them, although it is ok to park still providing you've paid for a ticket.


No, its the one at the bottom of Chester down the back - used to be the big CO-OP

bod1467

Ah right ... I know where you mean.

If it's ANPR then whether the ticket was displayed or not is irrelevant ... ANPR only records entry and exit times (versus vehicle reg) - it doesn't "manage" parking in any way, and certainly doesn't look at windscreens for tickets on display!

Just follow the usual appeals process.

Djkayos

I've only just got a reply back from morrisons as I got a PCN from that exact stores parking area! They basically said they aren't willing to waiver it as them spaces are required for customers, eventhough I told them I was a customer but just didn't have a receipt! Next step will be that letter to PE!

Coupon-mad

Yep you got it - tell them all to send that letter online, no need to change it and best not to, in case they say who was driving. No need to waste a stamp on it either. As the NEWBIES thread explains, the position is stronger as registered keeper.

Make sure none of your contacts who have these PCNs, ignores them. If they Google and read old advice to ignore, that IS WRONG NOW, because PE sue people who ignore them. Don't let your friends suffer that hassle, but equally don't let them panic and pay either.

Easy to beat at POPLA, a simple 2 stage appeal!

Yes you can complain anyway as a customer - or you could all group together and email a joint complaint about this and attach some of your retained receipts. Email the CEO and I think his contact details are in 'Successful Complaints about PPCs' a sticky thread in Crabman's top thread of links. PE and Morrisons have featured in that thread lots of times, plenty of successes!

Djkayos wrote: »

I've only just got a reply back from morrisons as I got a PCN from that exact stores parking area! They basically said they aren't willing to waiver it as them spaces are required for customers, eventhough I told them I was a customer but just didn't have a receipt! Next step will be that letter to PE!

That's odd, people who email the CEO of Morrisons normally get them cancelled. Try calling in person at the CS desk and insisting on a word with the Store Manager to get this cancelled, or escalating the complaint higher on a national level, if you were a customer. But if not, then you'll win at POPLA with our 2 stage appeal templates. Easily done, every time, 100% success at POPLA.

bod1467

And whilst PE may reject your initial appeal, when they see a well-constructed POPLA appeal they tend now to just fold and not offer any evidence, so you win by default anyway.

garyh123

Coupon-mad wrote: »

Yep you got it - tell them all to send that letter online, no need to change it and best not to, in case they say who was driving. No need to waste a stamp on it either. As the NEWBIES thread explains, the position is stronger as registered keeper.

Make sure none of your contacts who have these PCNs, ignores them. If they Google and read old advice to ignore, which IS WRONG NOW, because PE sue people who ignore them. Don't let your friends suffer that hassle, but equally don't let them panic and pay either.

Easy to beat at POPLA, a simple 2 stage appeal!

Yes you can complaion anyway as a customer - or you could all group together and email a joint complaint about this and attach some of your retained receipts. Email the CEO and I think his contact details are in 'Successful Complaints about PPCs' a sticky thread in Crabman's top thread of links. PE and Morrisons have featured in that thread lots of times, plenty of successes!



That's odd, people who email the CEO of Morrisons normally get them cancelled. Try escalating the complaint higher if you were a customer but if not then you'll win at POPLA with our 2 stage appeal templates. Easily done, every time, 100% success at POPLA.

Thanks, appreciate all the advice on here. Appeal gone in to Parking Eye, will await their rejection with Popla code


Have pointed the others I know of to this thread / area of forum to do the same

garyh123

Apologies for late update, but Parking eye accepted my appeal as a "gesture of goodwill" and cancelled the charge

thanks again for help

DERJOHNO

A quick look at the signs in ch-le-st will show what offences will result in a pcn. Not buying a ticket is not one of them.look at the photo entering the car park it will clearly show you driving down a council owed road (not entering the car park)

pinkcorvette

We have just returned from a four week holiday to fine a parking fine from Parking Eye. On 14th June I waited in our car in Morrisons car park at Chester le Street while my husband went to the Halifax building society.

We did not pay for a ticket and the car was in the car park for about 30 minutes. I would add that we did not notice the Parking Eye signs

Is it worth contesting the ticket?