Morrisons, Parking Eye - Help with POPLA Letter (Update: I Won!)

hoohoo

It's fine as it is but I suggest you file online to avoid any problems with the post. If you do post, a free proof of postage is enough but phone popla if no acknowledgement within a week

kirkbyinfurnesslad_2

Online you get a submission response almost immediately and a reply within 48 hrs giving you a hearing date, posting is really a waste of time

Puttyfish74

Thanks everyone. Advice noted...:)

I do, however have another question I've been toying with adding.
In my letter it DOES state that their costs are £53.00, but it doesn't give any indication of what those costs entail. I can make an educated guess, (business running costs, profit, etc) but this is just speculation and not fact.

With that, is it worth putting this in and giving my opinion (which means whether they have my £60.000 or not they still have to pay these costs) or leaving the NO GENUINE PRE-ESTIMATE OF LOSS, section as it is?

Thanks again, everyone.

HO87

Principal point is that you are feeding the lines to POPLA and therefore you requests for evidence etc etc are actually suggestions that POPLA do that on your behalf. The "suggestions would be better worded (by way of an example):

"I therefore ask that the POPLA assessor put ParkingEye to strict proof of XYZ by... "

"I therefore ask that POPLA assessor require ParkingEye to produce ABC... "

Puttyfish74

Thank you, HO87. Thanks, all of you for the advice. Online is definitely a better option for me.

I have included the suggestion to the pre-estimate of loss section. I won't copy the whole letter again (I think that will drive everyone insane) - just the relevant section to be re-proof if anyone has the time. I've removed the section that was suggested.

Thanks again for your time & effort.


1. NO GENUINE PRE-ESTIMATE OF LOSS.
The Amount of £100.00 demanded by ParkingEye Ltd. is not a genuine pre-estimate of loss. The estimate must be based upon loss following from a breach of the parking terms. This might be, for example, loss of parking revenue or even loss of retail revenue at a shopping centre. As this offers free parking and the stores on site were closed with it being 6.28pm at the alleged event, I suggest that there can be no losses incurred from onsite parking charges or retail revenue.

They have stated in their correspondence that their costs are £53.00, but have yet to offer any explanation as to how they have arrived to this figure. I therefore ask that the POPLA assessor require ParkingEye to provide a full breakdown of how these costs are calculated. I ask that these costs must represent a loss resulting from the alleged breach and the pre-estimate of loss must add up to the amount demanded of £100.00 (£60.00 if paid within 14 days which I have declined due to the appeal process).

Guys_Dad

And if their costs are claimed to be £53 (they are not as other threads have proven ) then that should be the maximum they can claim as we are not in the business of giving them profits. Make that point too.

Puttyfish74

Thanks Guys Dad! I've added that into my No Genuine Pre-Estimate of loss paragraph. Any feedback? Does it all sound okay now? In general, what do people normally win on? I have to admit the letter they sent does sound a little daunting. It states that if I lose, I will have to pay additional costs (the £100.00) because they will have incurred further costs? What are these 'extra' costs? Does anyone know?

1. NO GENUINE PRE-ESTIMATE OF LOSS.
The Amount of £100.00 demanded by ParkingEye Ltd. is not a genuine pre-estimate of loss. The estimate must be based upon loss following from a breach of the parking terms. This might be, for example, loss of parking revenue or even loss of retail revenue at a shopping centre. As this offers free parking and the stores on site were closed with it being 6.28pm at the alleged event, I suggest that there can be no losses incurred from onsite parking charges or retail revenue.

They have stated in their correspondence that their costs are £53.00, but have yet to offer any explanation as to how they have arrived to this figure. I therefore ask that the POPLA assessor require ParkingEye to provide a full breakdown of how these costs are calculated. I ask that these costs must represent a loss resulting from the alleged breach and the pre-estimate of loss must add up to the amount demanded of £100.00 (£60.00 if paid within 14 days which I have declined due to the appeal process).

I also ask that if ParkingEye’s costs are covered within the amount of £53.00, then why is the penalty figure £60.00 or even a higher limit of £100.00? It would seem that within this amount includes a profit and is in no way a pre-estimate of loss.

da_rule

On your original post you have two number 8's, I assume one should be 9.

Also, it would make it easier to read if you summarised the appeal points at the top of the letter.

Puttyfish74

Probably. I've written and rewritten this so many times. Okay, I'll do that. Cheers.

ColliesCarer

Hi Puttyfish
Think there is a typo in your 1st para

I am the registered keeper and I wish to appeal the recent parking charge from ParkingEye. Notwithstanding the inadequate notice given to show the change of ownership