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Parking Eye Crown Wharf Walsall fine do I appeal or ignore



  • Coupon-madCoupon-mad
    101.7K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    nads911uk wrote: »
    Be wary the PE web site is limited to 3000 charecters so I had problem posting such a appeal reason and did it in 2 chunks for the same car park btw :(
    Could have just reduced the 'padding' in the 'take formal note' part, or deleted that bit! There is no need to follow a template verbatim to the letter, people can write their own version. :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Custard_PieCustard_Pie Forumite
    364 Posts
    toni2014 wrote: »
    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
    4) Enclosed photocopy of River Island receipt of goods purchased

    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.


    {the registered keeper's name}

    Each to their own, but I would make PE work for their money and cause them as much disruption as possible. A soft appeal is more than likely to be rejected regardless of what is stated, apart from maybe receipted evidence of shopping. My appeal was literally a few lines including the requirement to issue a PoPLA code or the appeal will be considered accepted.
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • The Parking Eye appeal page allows for adding attachments. So if you save your appeal in .doc, .docx or .pdf format, you can add the entire appeal as an attachment and not run into character limits. That said, also send it snail mail obtaining a free certificate of posting.
    New members, please refer to "sticky" threads that are alwasys "stuck" at the top of this forum
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