response from PE, how to proceed.

greenrunner

I recieved a notice of parking charge from PE, for staying in one of their car parks for 15 minutes.

I appealed the charge and adv as the registered keep I would not be paying. My reasons were inadequate signage, insufficient grace period. And not a true estimate of cost.

They have replied to me stating

'we are fully compliant with BPA regulations on signage and confirm that there is adequate signage at this site that is visible, appropriately located clear and legible, so the parking charge is fully enforcebale.

in order for PE to cancel this charge we will need valid evidence indicating that you did not break the terms and conditions stipulated on the signage.'

I submitted photographs of the site with my appeal. I asked them to provide evidence that signage is visible and in line with BPA but got no defense other than this letter.

I also received a second letter stating that because i had failed to inform them of who was driving the car i have 29 days to do so or further action will be taken.

both letters are dated the 13th May, i have 14 days to respond to letter with more evidence.

To be honest i have had a lot on these past 2 weeks 2 close friends have died so i haven't had a chance to think about it before now, and now have 1 day left to submit.

HOw should i apporach this? i'm half tempted to pay the £60 because i don't feel up to fighting it.

And £100 is a lot for me to pay if it came to it.

Thanks for reading

bod1467

So Parking Eye yet again follow their new path of disregarding the BPA code of practice, by refusing to consider a motorist's appeal and sending a prevarication letter.

Simply respond to them ... you have the registered keeper's appeal. Either accept it and cancel the PCN, or reject it and send a POPLA code. Any other type of response will be deemed harassment. PS - your breach of the BPA CoP will be reported to them.

And report them (details in the NEWBIES thread).

greenrunner

thanks for the speedy response, i have done what you suggested.

I'm not worried about appealing to POPLA as i strongly disagree with PE charging £60 for a 15 minute stay, i have seen on some of their sites a grace period of 20mins is given, i asked them for evidence of the grace period for the carpark as it wasn't stated anywhere when i photographed the signage.


Do i need to provide name of driver, will this affect my popla appeal if i don't?

bod1467

No you don't need to name the driver. No it will not affect a properly-constructed POPLA appeal.

Umkomaas

greenrunner wrote: »

thanks for the speedy response, i have done what you suggested.

I'm not worried about appealing to POPLA as i strongly disagree with PE charging £60 for a 15 minute stay, i have seen on some of their sites a grace period of 20mins is given, i asked them for evidence of the grace period for the carpark as it wasn't stated anywhere when i photographed the signage.


Do i need to provide name of driver, will this affect my popla appeal if i don't?

If you are going to appeal to POPLA (if you receive a verification code from PE) you won't want to be relying on any of the stuff contained in the main paragraph above. You need to read the NEWBIES sticky (post #3) How to win at POPLA.

As bod says, you need a properly constructed appeal to defeat a PCN.

Annie1960

https://forums.moneysavingexpert.com/discussion/4816822

Scroll down to post no 3 to find out how to appeal to POPLA.

Post your draft on this thread for comments before you send it. It is fairly easy to win at POPLA if you follow the advice, so make sure you get it right before sending it.

Coupon-mad

You won't win a POPLA appeal on 'lack of grace period' because breaches of the BPA CoP 'do not a POPLA appeal win' (not in their own right)! However you will win your POPLA appeal if you follow our advice. Are you certain that neither letter has the POPLA 10 digit code - maybe at the top of one of the letters, near the refs & headings?

Stroma

I would make complaints to the dvla and bpa if you don't have a popla code, the dvla made it abundantly clear to operators that they cannot fish for info in this manner.

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

greenrunner

I responded to PE and asked them for my popla code which they have now provided.
They have also stated that my queries are generic and list examples of cases that have gone in favour of the parking company. Only 2 out of the 13 cases belong to PE.

I am getting ready to submit my POPLA appeal, I have read the responses above and will only argue my appeal based on
1.non genuine pre-estimate of loss
2. ANPR usage
3. ANPR accuracy
4.planning permission for anpr,
5.inadequate signage,
6.flawed contract with landowner
7.unlawful penalty charge.

I am relying on copying and pasting so will post a copy here before i post it.

greenrunner

Oh another question i had, on the signage it states Manged by E*****.
therefore should this be the company issuing the parking charge?
On the charge notice letters it is PE car park management but the signage indicates a different company is managing the car park.
No signage indicates PE anywhere.
I have only just noticed this.

Umkomaas

Might be helpful to view a photo of the sign, otherwise we're shooting a bit in the dark in trying to make a definitive response.