Parking Eye PCN at Morrisons

Redx

anything martin said was years ago and was superceded by POFA 2012 in oct 2012 , if you can persuade him to bring his advice up to 2014 standards please do so

the newbies thread has the latest advice for 2014 and is kept up to date

if you had the NTK in the post then you have 28 days to appeal from the date on it , so you appeal asap as it needs to be within the time, so no dawdling about

use the template letter

receive a rejection and popla code

use post #3 of the NEWBIES thread and adapt a PE popla appeal to suit , then submit online to popla, ticking 3 boxes from 4 (not the stolen one)

or use parkingticketappeals for £16 , your choice

ps:- cannot see anything in your posts relating to a complaint to morrissons for a cancellation either, did you miss this ?

trinidadone

Ok, well I am hoping to send the following template letter to Private Eye:

Dear Parking Eye,

PCN number: ++++++/++++++
I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not 'drawn to his attention in the most explicit way' (Lord Denning, Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms as long as they are sufficiently brought to his notice beforehand, but not otherwise. In {ticket cases of former times} the issue...was regarded as an offer by the company. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.
(i) if alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue?).
(ii) if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
(iii) if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). Should you try to rely upon ParkingEye v Beavis & Wardley at independent appeal stage, I will of course point out that it was a flawed decision at small claim level so is not binding, and Mr Beavis is continuing his defence to the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

2. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

4. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,



{the registered keeper's name}
ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE


I would be grateful if someone can comment, this letter is the correct template to use?


ANYONE AND EVERYONE IS WELCOME TO COMMENT, ASK QUESTIONS ABOUT ANY PARKING ISSUES ON MY THREAD. WE ARE ALL HERE TO HELP EACH OTHER.

bod1467

Who is the company you're sending this to?

Don't feel bad about this - one of their lawyers made the exact same error, IN COURT! :rotfl:

trinidadone

bod1467 wrote: »

Who is the company you're sending this to?

Don't feel bad about this - one of their lawyers made the exact same error, IN COURT! :rotfl:

thanks for pointing that out

PARKING EYE

Redx

trinidadone wrote: »

I would be grateful if someone can comment, this letter is the correct template to use?


ANYONE AND EVERYONE IS WELCOME TO COMMENT, ASK QUESTIONS ABOUT ANY PARKING ISSUES ON MY THREAD. WE ARE ALL HERE TO HELP EACH OTHER.

yes its fine but it still says private eye in the opening part of the post, but the actual copy and paste template is fine

trinidadone

Should I send by electronic mail, post?????


ANYONE AND EVERYONE IS WELCOME TO COMMENT, ASK QUESTIONS ABOUT ANY PARKING ISSUES ON MY THREAD. WE ARE ALL HERE TO HELP EACH OTHER.

Redx

trinidadone wrote: »

Should I send by electronic mail, post?????

1) electronic mail ? - NO , they dont accept appeals by email

2) on their site ? - yes, they accept online appeals

3) by post , yes , snail mail with free certificate of posting at the PO

so either or both of 2 and 3

trinidadone

Great



ANYONE AND EVERYONE IS WELCOME TO COMMENT, ASK QUESTIONS ABOUT ANY PARKING ISSUES ON MY THREAD. WE ARE ALL HERE TO HELP EACH OTHER.

trinidadone

Ok, I notice there are boxes to complete on the Parking Eye website. I think it is important to get some proof the appeal was sent. I assume as the online form does not ask for my email address, I don't receive any confirmation of the received appeal, and therefore the best option is to use the post and get a free certificate of postage?



ANYONE AND EVERYONE IS WELCOME TO COMMENT, ASK QUESTIONS ABOUT ANY PARKING ISSUES ON MY THREAD. WE ARE ALL HERE TO HELP EACH OTHER.

ColliesCarer

You can do either of the following:
If sending by post - take to P.O. and ask for free certificate of posting.

Submit it using Parking Eye's on-line facility - get a screen shot as they don't send an acknowledgement