help needed please

missdjb

Hi all
just some advise please, basically have received a parking eye parking charge notice, when a ticket was paid for at the machine, did not go over the time paid for, maybe a wrong reg digit could have been entered, and no longer have ticket from machine to prove payment, is there anything i can do

da_rule

Yes, read the Newbies sticky thread.

Was this notice received through the post?
Are you the registered keeper of the vehicle?
Is this in England/Wales?

missdjb

i have, but i will read it again,
yes came through the post, it is my sons, this is in England

da_rule

In that case then, if your son consents, send off the appeal in the Newbies sticky thread, in your sons name.

If your son doesn't want to be involved then he could identify you as the driver, which would mean he is no longer liable. You can then appeal when you get a notice from ParkingEye.

missdjb

Hi
thanks for replying, this was at a hospital, i have just phoned and been told they have a gentleman who deals with the parking who i need to phone tomorrow during office hours. If i get no joy there do i send the first appeal template points 1,2 3,
1 amount claimed not genuine etc
2 signage does not comply etc
3 are not the landowner etc
do you also need to put in letter that a ticket was obtained, and to request a popla number, or will i receive that automatically, also is it best to appeal online or by post
thanks

da_rule

Appealing online is fine. You can put that the driver bought a ticket. Just don't identify yourself as the driver.

Yes appeal using the points in the template. You don't need to request a POPLA code, they should give you one automatically.

missdjb

thank you very much for your help, i will keep you posted as to how i get on

missdjb

Hi
i have tried all morning to get in touch with the gentlemen who deals with this so i have decided to just go ahead and appeal, could you please have a look at following letter for me please and see if it needs any adjustments making

Dear parkingeye car park management
pcn number xxxxxx
As the registered keeper, i have received your parking notice which of course i decline your invitation to pay as a payment for parking was made on the day by the driver.
I wish to invoke your appeals process, since all liability to your company is denied on the following basis
The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
Your signage does not comply with your ATA code of practice and was not sufficiently prominent to create any contract
You are not the landowner and do not have the standing to offer contracts nor to bring a claim to trespass.
Please issue your standard cancellation letter or a specific detailed reflection letter.If you choose to send the latter it must state the legal basis of your charge, ie breach,trespass or contractual fee.
If alleging breach of contract, with your rejection letter i require a breakdown of the liquidated damages suffered and by whom, and when the calculation was determined and how the 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

Yours

da_rule

It's ok, but would suggest using the one from the Newbies sticky thread:

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

missdjb

thank you for reading my post and your advise, i will send the one from the newbies page

missdjb

I have sent off my appeal today, so hopefully get my popla number back soon, so i can get it sorted