SORRY. A post about Parking Eye

lil.ugly.mane

Hey

first of all thank you to everyone who takes the time to contribute to this forum. I have used this forum (unregistered) for years picking up advice and have been successful in fending off a bank and a debt collection agency using advice from the forum.:beer:
Anyways, I had received a PCN from Parking Eye for an overstay of 13 minutes. I was offered to pay it at a reduced rate of £60 or pay £100 after a certain amount of time. :rotfl:I thought forget that and came here. I initially read to ignore the PCN, then read the "NEWBIES PRIVATE PARKING TICKET" I have left it too late to send by post so I tried using PARKING EYE's online appeals section but it won't let me send the appeal template letter stating: "The field Reason of Appeal must be a string with a maximum length of 3000" what does that mean???
I tried to send an email via [EMAIL="appeals@parkingeye.co.uk"]appeals@parkingeye.co.uk[/EMAIL] in which I had received a response directing me to Parking Eyes online appeal.

Should I just risk putting it in the post and hoping it gets there? I'd rather deal with this lot by email but time is not on my side right now.

Apologies for waffling on.

Redx

reduce the content of the appeal as you probably have too many characters in there , but do it online asap, putting one in the post as well with free certificate of posting (at the post office)

lil.ugly.mane

it is the standard template from the newbies section. What should I cut out from the template???:
[QUOTEDear {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

][/QUOTE]

Guys_Dad

The "take formal note" is longer than the appeal, so precis that. They will ignore it anyway.

Redx

try something reduced like this

Dear Parking Eye

PCN number xxxxxxx
As the registered keeper, I wish to invoke your appeals process, since all liability to your company is denied

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 which 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.

- 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,

if too long still, reduce the part below take formal note as guys-dad said

Half_way

Theres also a bit ion the newbies section about getting in touch with the car pakr owner.
What type of car park did you get the charge notice for?
do you know whos car park it was?

A well thought out complaint to the car park owner will often get the thing cancelled without having to worry about constructing a POLA challenge, however if the clock is ticking you should be prepared for POPLA at the same time as asking the car park owner to cancell.
If they chose to allow their agents ( parking eye ) to continue then tell them that you may be holding them liable for any costs should you prevail at popla as a result of their agents actions.

lil.ugly.mane

Thanks guys. I will remove that Take formal note section, (c) gave me laugh though.
Do you think it would be worth mentioning that my partner is heavily pregnant and had to return to the Asda to use the toilet?

lil.ugly.mane

Blackwood retail park. I will contact the Asda at that retail park ASAP. How difficult is it going through the Popla scenario from experience?

Redx

they will probably ignore it, but you can certainly mention it as she may qualify under the EA 2010 , although if this was the case I would definitely be taking up that issue with the retailer or landowner and insisting on cancellation

(assuming you have the space left to write it in the online appeal that is)

popla is fairly easy given the hundreds of examples on here , even easier to get it cancelled by the retailer though

Umkomaas

lil.ugly.mane wrote: »

Thanks guys. I will remove that Take formal note section, (c) gave me laugh though.
Do you think it would be worth mentioning that my partner is heavily pregnant and had to return to the Asda to use the toilet?

Nope - it will have no positive impact whatsoever. No one from here onwards (PPC or POPLA) have any interest at all about your (or anyone else's) story. And especially as you're running out of characters for your online appeal, don't waste your breath (or typing fingers) on mitigation. There's plenty of other very potent legal points you need to raise, especially at POPLA, to get this seen off!

lil.ugly.mane

ok, I'm about to send this off now. I have asked my girlfriend to gather the receipts for the shopping trip that day and I will be contacting Asda.

thanks all

Wish me luck haha.