Question about Appeal ( I have read Newbie thread)

cookki

Hi,

Having received a parking charge notice from parking eye through the post for for an overstay which i had no idea about until receiving the notice!
I was on the Brent South Retail Park doing a lot of shopping and spent £140 across 2 stores which took me over the 3 hr parking by 30 minutes.

As a genuine customer I'm outraged that I have been penalized in this way and to be quite frank its put me right off spending money at retail parks.

So I intend to appeal and having read the newbie thread and viewed the template appeal letter i'm worried that I don't fully understand the content and if it actually applies to my situation. It appears a bit heavy and i'm worried that PE will come back at me with further things I don't really understand.

Should i be sending a watered down version as I'll be sending receipt evidence with the online appeal? Or is this the exact appeal letter that gets these charges cancelled?

Any help with clarifying this would be most appreciated as i'd like to get the appeal underway.

Many thanks

Redx

doesnt really matter what the situation was or if you understand the template

send it anyway, but add the details that the driver and occupants of the vehicle spent at the retail park only and have receipts to prove it, attach a scan of the receipts too , this usually gets the charge cancelled

do not imply or say who was driving

if you get a popla code, you draft an appeal using the examples in that sticky thread (linked in there), have it checked on here first and then appeal

dont get mad, get even

cookki

Thanks,

Guess I'll just get it sent then and stop fretting !

Hope it works

Nenen

I got a parking charge notice from Parking Eye for a 4 hour overstay at a large retail park a few weeks ago. Like you, I was incensed but I was also worried sick about the whole process and the hours it was taking me to read through all the information in order to appeal.

I was going to pay the charge but the wonderful people :A:A:A:A:A on this forum persuaded me not to. I used the template on the Newbies thread (adding to the reasons for the appeal that, "The driver was a genuine shopper (see attached receipts) and also used onsite cafes for both lunch and supper"). I received an email from Parking Eye today stating that they had cancelled the charge. :j:j:j:j

If you submit your appeal to Parking Eye online (as I did) then you can only write 3,000 characters (including spaces). Therefore, I adapted the template slightly (please see below) and then uploaded a Word document of the full wording in addition to a scanned copy of my receipts (make sure none of the receipts have your name on them and do NOT say they are your receipts - just 'the driver's').

Here is what I submitted online:

PCN Ref ******/******
As the registered keeper, I wish to invoke your appeals process, since all liability to your company is denied for the following reasons:

1) The driver was a genuine shopper (see attached receipts) and also used onsite cafes for both lunch and supper
2) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
3) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
4) 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:(please see letter attached for full details)

(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.
(b) Any obfuscation on your part 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 may claim my costs from you as well as liquidated damages for distress arising from harassment.


[FONT=&quot]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.

HTH and good luck.

[/FONT]

cookki

Thanks Nenen,

I can appeal with a bit more confidence now!

Nodding_Donkey

cookki wrote: »

Hi,

As a genuine customer I'm outraged that I have been penalized in this way

And that is exactly how you should be looking at it in my opinion. Too many people seem to act as if POPLA and the PPCs are doing them a favour by cancelling tickets.