Parking eye Pcn: Retail park

zippy595

Evening folks.
Received a pcn (anpr) the other day for overstaying 10min.
I think its a bit harsh as you can use that time up hunting a spot and getting out of the car park but that's by the by.
I'm going to appeal as we just browsed around the shops and didn't buy anything. Here's my draft letter and was hoping that someone might have a read through to see if you think it's ok?

Dear Parking Eye.

PCN number xxxxxxx
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.

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 uponParkingEye 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,!

It's mainly the standard letter from this forum but
I didn't add the 3rd note about signage as it is clearly signed on the way in about 2hr max parking.

Many thanks.

Coupon-mad

It's mainly the standard letter from this forum but
I didn't add the 3rd note about signage as it is clearly signed on the way in about 2hr max parking.

Nope, you must include the signage part. Since when were you nine feet tall and could read every word of those overly high signs up on poles then?!

Apart from that, nice to see someone using the new template I wrote.

zippy595

Thanks. So I'll just c&p it all.