Parking Eye - Panic

jovigirl_2

OK, I have tried to read but I think because I am panicking I am not taking anything on board.



I’ve received a parking charge notice on Saturday from Parking Eye, forparking over the 2hrs in an Aldi car park. I stupidly did not check as I am not from the area and a friend I waswith was and said I would be fine.

They tell me to pay within 14 days at the reduce rate of £40. As this was my error, do Ihave to pay? TIA

Kernow666

dont pay its just an invoice

i had similar you will get a few more letter each with varying threats but ignore it

lots of advice on here and google

my story

i parked in aldi on the 24/12/12 and collected my car on the 25/12/12 about 2 weeks later i got a invoice saying i parked illegally ( and about 30 other cars )
i googled and read up and decided to ignore
got 5 more invoices over next 6 months and ignored the lot

jovigirl_2

But will I be black listed if i dont pay - reading on hear the first thing I read was - 'dont ignore'.

ColliesCarer

Jovigirl - Don't panic - you will be able to get this cancelled with help from the forum.
If your finding a lot of information difficult to take in at the moment take a look at this flowchart
https://forums.moneysavingexpert.com/discussion/4922055

and when you feel calmer have a read of this NEWBIES link for all the information you need to deal with this including a template 1st appeal letter in post #1 of this thread

https://forums.moneysavingexpert.com/discussion/4816822


Many many people have succeeded in getting these charges from P E at Aldi stores cancelled - myself included - and you stand a better than 99% chance of paying nothing - zilch - nada - if you follow the advice.

So stop falling for their scare tactics and the reduced price offers

ColliesCarer

Kernow666 wrote: »

dont pay its just an invoice

i had similar you will get a few more letter each with varying threats but ignore it

lots of advice on here and google

Kernow - Ignoring hasn't been the advice on here for over 12 months - you must be reading old information.

The advice is to appeal these charges see the sticky NEWBIES thread to get up to date information

jovigirl_2

ColliesCarer wrote: »

and when you feel calmer have a read of this NEWBIES link for all the information you need to deal with this including a template 1st appeal letter in post #1 of this thread
http://forums.moneysavingexpert.com/....php?t=4816822

2nd link not opening for me, let me keep on trying.

jovigirl_2

Hi, Just looking at previous links.

Is this the copy of the letter I need to send? Proof of postage am I ok for special deliver?

Dear Private Eye Limited

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

Private Eye?

You can email it (I believe - check the PCN you received).

If sending by post, DO NOT send special/recorded delivery - they may refuse to sign for it which means there is proof your appeal was NOT received. Send it with a (free) certificate of posting from the PO. If sent 1st class the appeal is deemed served (delivered) 2 working days after posting. (Interpretations Act 1978).

jovigirl_2

There is a www . parking eye web site? (didnt want to put the full address as they can find where its posted can they - yep paranoid lol)

ColliesCarer

Apologies the link didn't work - have edited so that it does now - but pleased to see you found it any way.
Yes you can submit an appeal via the web-site - there is a character limit though but it allows you to attach up to I think 5 files. So when I used this on-line appeal - in the text box I just stated "I wish to appeal PCN no. xxxxxxx and have attached my appeal in the file xxxxxxxxxx

jovigirl_2

Great stuff - Off to email them now.. Thank you all I really appriciate it