Parking Eye Parking Charge Notice

Yemstik

Hi Everyone,

Am new to this thread and have been reading the Sticky for Newbies like myself. I would be grateful for your help in appealing my fine received from Parking Eye dated 5th April 2014.

I parked in a Tesco Car park (free parking with a 4 hour limit), however I was an hour and 2 minutes late back due to problems on the Piccadilly Line.

On the parking fine issued by PE, they state

"The signage, which is clearly displayed at the entrance to and throughout the car park states that this is a private land, the care park is managed by Parking Eye Ltd, the maximum free stay authorised is 4 hours 0 minutes, along with other terms and conditions of the car park by which those who park in the car park agree to be bound.

By remaining at the car park for longer than the authorised or without authorisation, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to ParkingEye Ltd (as the Creditor)"

"You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parching charge in full. As we do not know the driver's name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them".

The parking charge amount is £85. This is discounted to £50 if it is paid within 14 days.

Am I right in using the appeal template letter in the Sticky and also are there any further points that I need to put in my appeal letter.

Grateful for your advise.

Thanks

noppix

Don`t do anything yet, Read and read all the info in the sticky and read other posts on this site relating to parking eye (there are a lot), If you draft your appeal letter and post it on this thread one of the legal minds will help you. Don`t tell them who the driver was even if it was you. It took me hours to get all the info and get my head around it all but if you follow the sticky and follow the advise of this site you have a good chance of getting it scrapped, but it takes time and research on your part.

Yemstik

noppix wrote: »

Don`t do anything yet, Read and read all the info in the sticky and read other posts on this site relating to parking eye (there are a lot), If you draft your appeal letter and post it on this thread one of the legal minds will help you. Don`t tell them who the driver was even if it was you. It took me hours to get all the info and get my head around it all but if you follow the sticky and follow the advise of this site you have a good chance of getting it scrapped, but it takes time and research on your part.

Thanks for your response noppix

I have copied and pasted the appeal that I intend to send below:-

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}
ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE

Any additional pointers would be greatly appreciated.

Thanks

noppix

From what I have been reading the letter would be fine to send as they will just reject it anyway. I do have to remind you that I too am new here! The main goal is to get your POPLA code so you can kick them in the nads at the POPLA appeal. I would send that and await the rejection letter. In the mean time you have a lot of reading to prepare for your POPLA appeal but if you follow the sticky at the top of the parking forum you have a very good chance of winning, some of the super powers of this forum say 100% chance of winning but I feel that I am in no position to state those sort of numbers. There are loads of refs to parking eye on this forum and what to put in your POPLA appeal. The people on this site will help you but you have to put your time in, As in my case we can not expect them to do it all for us.

noppix

Take a look at the link below of winning POPLA appeals - but go to the last page for the most recent and work backwards. This will give you a good feel for what wins at POPLA and what is most important in your appeal. As I have found out, If your going to quote case law then check the case text to ensure it is accurate in what you are quoting.

http://forums.moneysavingexpert.com/....php?t=4488337

ColliesCarer

Yemstik wrote: »

Am I right in using the appeal template letter in the Sticky and also are there any further points that I need to put in my appeal letter.

I'm assuming this was in England given the mention of the Piccadilly line - in which case - yes template appeal will be fine and no there's nothing further you need to add.

The aim of the 1st appeal is really to get a POPLA code as noppix has said (thanks noppix)
Parking Eye very rarely cancel on 1st appeal (usually only if they have a contract with the store that says if proof can be provided you were a genuine customer of the store)

You've obviously already been reading the sticky Newbie thread but in case you didn't see the link to it I've added one below for a flow chart which gives you a good route map through the process

https://forums.moneysavingexpert.com/discussion/4922055

Redx

if this is a windscreen ticket you should wait 29 to 56 days for the NTK to the actual keeper, then the keeper appeals it

far too often people get impatient and appeal as the driver , read the newbies thread for all the info on this , bearing in mind that in england and wales the correct procedure is to wait for the NTK , then the RK appeals (unless the vehicle is leased or a company car)

the appeal you posted is for the RK, so obviously a driver would not send it in

Yemstik

Hello All,

Thanks so much for responses, I'll send of my 1st appeal off to PE and then wait for their reply.

Cheers

Dee140157

If you haven't already sent it:

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 BPA 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

Just note change in red as Parking Eye is signed up to the BPA code of practice. I made the same mistake until someone pointed it out to me.

Yemstik

Dee140157 wrote: »

If you haven't already sent it:

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 BPA 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

Just note change in red as Parking Eye is signed up to the BPA code of practice. I made the same mistake until someone pointed it out to me.

Thanks for this info Dee x

Yemstik

Hi All,

I received a rejection to my appeal from Parking Eye on 21st April, however there was no verification code. I wrote to them on 22nd April requesting for the verification code, however to date I haven't received the code and on the POPLA website I am not able to appeal without out a code.

I would be grateful for advise on how to go about appealing without the code as my 28 days to appeal is rapidly approaching.

Many thanks