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Braintree Morrisons ParkingEye Fine 15th June

Good evening!
I've been told to start a new thread, having posted this in a similar thread. Apologies for any offence caused. It wasn't my intention to hijack another person's thread: it seemed appropriate to post there as it was the same car park.
Just returned from a trip abroad to find a "fine" from ParkingEye for 15.06.2014, entering at 11:28 and leaving at 12:09.
I intend to respond as the registered keeper using the template starting "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:..."
I have a receipt from Morrisons timed 11:40. The difference is due to returning to the car, packing and then going back for items that were missed in the store (and not subsequently found, so no further receipt).
Is there any problem in appealing to ParkingEye online?
Would this additional paragraph be wise?
"This is Morrisons' car park and the purpose of the trip was to visit Morrisons. Please find attached the receipt. I shall be contacting the manager and demanding the cancellation of this "fine"."
Do I need to justify the timing difference?
I've read the stickies!
Thanks for your assistance.
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    dont justify anything, just use the template to PE and the only caveat for online is the maximum characters allowed, in which case shorten it if its too long

    yes you can add the details and attach a scan of the purchases receipts or bank statements (redacted of course)

    do not imply who was driving, so none of this I business

    "the driver spent £xx.xx on site in blah blah shop or shops" etc

    you are complaining and appealing as mr or mrs angry customer, so no justification is needed
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Were you supposed to have entered your VRM on the in-store keypad, as a stay of 41 minutes would not ordinarily attract the attention of most PPCs as an 'overstay'?

    So this just looks like an oversight by a customer not familiar with the procedures at this store and a complaint to Morrisons' manager will hopefully get this cancelled. Take your receipt with you as proof of purchases.

    Simultaneously send the initial appeal from the NEWBIES sticky to PE - written as it is, but also add a paragraph stating that you were a genuine customer, and, as proof here is a COPY of your receipt on the day, at the time of their record of your parking. Normally there is a 'secret clause' in their agreement with retailers which provides for cancellation where a receipt is produced (usually with a £30 minimum threshold - but don't let that prevent you sending this in if less).

    But, please carry out both actions as advised above - I'd be surprised if you weren't successful, but if you are not, nothing to worry about, there are other well tried and tested procedures still available to you to ensure this is kicked into touch.

    Let us know how it goes.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Good afternoon.
    Since my original post, I've followed the advice of Umkomaas and Redx.
    I phoned the store manager and his attitude was "What do you want ME to do about it?" He asked me to send a letter, which I did (I live several hundred miles from the store) and included the receipt, but I've heard nothing since.
    I e-mailed a shortened version of the receipt to ParkingEye and they wrote back to request a copy of the receipt. I e-mailed a short and full version and they wrote back to request a copy of the receipt, which I supplied for a third time.
    I took care to reply as the registered keeper, although they addressed me as the driver.
    They've written again today saying "your appeal has been referred for further information."
    "You have stated that you were not the driver of the vehicle... but yu have not indicated who was." (I have not denied being the driver, but I have only replied as the registered keeper).
    They then ask for the name and address of the driver.
    It seems they have no interest in my appeal and only wish to collect their pound of flesh.
    Guidance would be appreciated.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Dear ParkingEye,

    You have my appeal, no further information will be provided. You are also being reported to BPA Ltd. and DVLA for breaching the BPA Code of Practice (reinforced by recent DVLA announcements) requiring you to issue a PoPLA code without requesting driver details.

    Cancel your invoice or issue a PoPLA code forthwith. No further correspondence will be entered into.
    Je suis Charlie.
  • Thanks, bazster.
    I've sent that to ParkingEye and reported them to the BPA.
    I'll report them to the DVLA just as soon as I can work out how to send them an e-mail.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's what post #6 of the Newbies thread is all about - how/when to complain and the emails to use. :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    ccrt@dvla.gsi.gov.uk

    That's the Customer Complaints Resolution Team.
    Je suis Charlie.
  • Good morning!

    Since I last posted, I have had an e-mail from BPA:

    Thank you for your e-mail.
    Your complaint has been logged under reference BPA – XXXXX.
    Having read the response you received from Parking Eye, I do not believe they have formally rejected your appeal. They appear to be asking for further information and giving you the opportunity to transfer liability to the driver.
    If you do not wish to do this, you should respond to Parking Eye confirming this and then they should issue you with a decision either accepting or rejecting the appeal. If you do not receive this rejection or acceptance of appeal, then please contact me back and I will investigate further.


    I received the following e-mail yesterday from ParkingEye:

    Dear Sir / Madam,
    We refer to the Parking Charge incurred on 15 June 2014 at 12:09:03, at Morrisons Braintree car park.
    On this occasion as a gesture of goodwill we will be cancelling this charge.
    However, if future visits to this car park are made please take note of the parking regulations on the signage throughout the car park and adhere to these, as it is applicable to all motorists using the car park.
    Kind Regards,
    ParkingEye Team


    However, today I've received a letter dated 28th August saying my appeal has been unsuccessful and providing me with a POPLA form.

    This is because you did not provide sufficient evidence to show that you did not break the terms and conditions on the signage. We also note that a number of your queries are of a generic nature, a number of which we have seen before. Please see ParkingEye's answers to FAQs below.

    Guidance would be appreciated. Perhaps an e-mail to ParkingEye seeking clarification? Or am I okay to rely on the later e-mail which contradicts the letter?

    Thanks!
  • Use the POPLA code and send in an appeal base on an up to date PE template from this forum. Include a copy of the email cancelling the charge. This will cost PE money.
    Their inefficiency isn't your problem and they deserve it just for using the phrase "gesture of goodwill".
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Hmm, now someone else received a cancellation of a first stage appeal from PE today. This is unusual so to see a potential second one in quick succession makes me wonder if we are seeing them giving up with POPLA appeals!

    I would pop the. An email and ask for confirmation of cancellation in light of letter. I suspect the letter was sent before the email so the email is more accurate. You have plenty of time to get a POPLA defence in if it isn't cancelled so you can wait a couple of days for a response.

    Is there any way of logging onto the PE thread and finding out what your status is?
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
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