Parking Eye - help needed

lee.evo

Hi MSE members,

I had a ticket from Parking eye (Overstay of 4 minutes), that I'm trying to contend and I would be grateful of any help.

1st Parking charge notice (£40):
date of event : 19/04/2014
date of issue : 24/04/2014
Letter arrived : 30/04/2014

2nd Notice (£70): Letter Arrived 09/05


I replied with the template letter on 10/05 (sent by recorded delivery)

Today 21/05 I have received two further letters from PE.

The First Letter:

Dear Sir/Madam

Thank you for your correspondence in relation to the parking charge incurred on xx April 2014 at xx.xx, at ALDI xxxxxxxxxx car park.

Please note that this car park is for patrons only and not to be used for visits elsewhere. This is clearly stated on the signage. The evidence you provided did not adequately prove you were authorised to use this car park/area.

In order for Parking Eye to cancel this Parking charge, we will need valid evidence indicating you did not break the terms and conditions stipulated on the signage.

This Parking Charge has been placed on hold for 14 days in order for you to provide additional/further evidence.

Alternatively, payment can be made

blah blah blah.


The Second letter (all 7 pages of it)

goes on to list goes on about "pre-estimate of Loss and Commercial Justification"

They list a whole number of claims they've had successfully upheld, the pre text of which states
"The below cases are not a full list of Parking Eye's court hearings, they are however every court hearing where the issue of genuine pre-estimate off loss has been raised since POPLAhas been in place. As you can see no Judge has ruled against Parking Eye on this matter."


There is no POPLA reference on either letter they have sent.

Not sure what my next step is ? Please help

Regards, lee.

Coupon-mad

You will have to reply and insist on a POPLA code and tell them you've reported them to the BPA.

captainhindsight_2

i dont get what the problem is, you overstayed so they sent you a fine pay it before it goes even higher.

da_rule

captainhindsight wrote: »

i dont get what the problem is, you overstayed so they sent you a fine pay it before it goes even higher.

The 'problem' is that it isn't a fine, it is a speculative request for payment based on a breach of contract. They therefore have to prove that the amount they are requesting is fair and not a penalty. Parking companies have on multiple occasions, both at POPLA and in the courts, been unable to prove that the amount they are requesting represents liquidated damages rather than being a penalty.

lee.evo

captainhindsight wrote: »

i dont get what the problem is, you overstayed so they sent you a fine pay it before it goes even higher.

Thank you for helpful advise, [/sarcasm]

lee.evo

Coupon-mad wrote: »

You will have to reply and insist on a POPLA code and tell them you've reported them to the BPA.

Thanks C-M, Is there a template letter I should use ?

captainhindsight_2

lee.evo wrote: »

Thank you for helpful advise, [/sarcasm]

no problem :beer:

bod1467

Spot the PPC troll?

Or ... looking at some of his other posts ... just a typical keyboard warrior looking for arguments.

arabesque_101

lee.evo wrote: »

Thanks C-M, Is there a template letter I should use ?

Dear BPA,

I am writing to register a complaint against Parking Eye who claim to be members of your organization and as such are supposed to abide by your agreed code of practice.

As the registered keeper of the vehicle noted above I attempted to implement the appeal procedure in accord with Parking Eye's terms and conditions.

I have enclosed a copy of their letter to me which clearly demonstrates their non-compliance of your code of practice .

For your information I have listed their abuse of your code of practice below:

- Asking a registered keeper to enter into further correspondence to obtain a POPLA code

- Failing to supply a correct and valid POPLA code within the rejection correspondence

Given Parking Eye's obvious abuse of your code of practice and flagrant abuse of the terms and conditions of their membership of the BPA I would like to know exactly what disciplinary procedures will be implemented to prevent such unlawful and unsanctioned behavior being continued.

Such behavior demonstrates Parking Eye's disregard for your organization and begs the question as to whether they should be allowed to remain as members.

If the BPA fail to act on the information provided, which from evidence in the public domain is clearly not as isolated incident, then the credibility of the BPA and its existence as an independent body must be questioned.

I intend to forward a copy of the above letter to my local MP and the DVLA.

I await your reply with interest.

da_rule

You also need to send a letter to Parking Eye, something short and to the point:

"I have appealed the above PCN and you have rejected this appeal. You have failed to provide me with a POPLA code, please do so within 7 days. This failure has been reported to the BPA. Should I not receive a response within 7 days I will consider this matter at a close."

Are you 100% sure that there is no POPLA code? It is usually at the top of their 7 page document, under your address and PCN reference number.

bod1467

Which in itself would be a breach ... the POPLA code must be clearly described. (In fact, isn't there some specific wording they're supposed to use?)