10 Minutes with ParkingEye to £100

Oui

Hi folks,

I've spent the weekend trying to swot up on all the advice on here, but I'm very conscious that it's Sunday night and I still don't feel I understand it.

I've just had a parking charge notice from Parking Eye for staying 10 minutes in a car park around the back of a city centre pub they apparently enforce. Yes, I understand that 'mitigating circumstances' aren't recognised, even though the named driver (is this the keeper?) was in the car the whole time, and though I was driving it at the time in and out, so I know it's my problem to solve. (though Parking Eye don't know it was me)

The car park was also the safest place to stop and was the end of a 'dead end' road due to construction works. Does this help me at all?

What is the best way forward? I found this template on a thread, "[FONT=&quot]PCN number xxxxxxx[/FONT][FONT=&quot]
I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation..."
Is that the right one to send back? What is the PCN number? Parking Charge Number?

I'm wary seeing that most ParkingEye appeals fail and need to move to POPLA stage, so I'm conscious of saying or doing the wrong thing. Shall I get the named driver (keeper?) to write back to them, or shall I write back under my name, but does that admit liability?



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ezerscrooge

Take it you've a letter through the post to the registered keeper? and that they have caught you using an ANPR camera?

If so send this....

Dear xxxxx


As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:


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 the BPA Code of Practice


3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass


4) Your ANPR is not maintained or in correct working order. Furthermore the system is not operated in a reasonable, consistent and transparent manner.



These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.


Should you lose at POPLA I reserve the right to use this as evidence that you have no basis whatsoever for your charges. In addition to claiming for my time I will also be referring your behaviour to the BPA and DVLA with the request that your operations at this car park be terminated until such time as you make changes to comply with their directives.


[FONT=&quot]This constitutes the entirety of my challenge and nothing further will be added. You must now, within 35 days, EITHER (i) accept my challenge and notify me that the charge is cancelled, OR (ii) reject my challenge, send me a PoPLA code, and suspend any collection activity pending my PoPLA appeal.

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If a camera was not used to catch you then remove point 4. They'll reject your appeal and provide you with a POPLA code. You can then use the PE template from the newbies thread to win at POPLA. 100% success rate here.

Do post your draft for the people here to check before you send it. Simples.

Oui

Hi Ezerscrooge, thanks for the response.

Yes they used number plate recognition on entry and exit and included the photos with timestamps on the charge notice. (10 mins 32 seconds apart)

If I say the signage does not comply (point 2) do I need to go back to the car park and provide photo evidence? This is unlikely as it's not really an area I go to (this was the first time I'd ever been in the car park)

Lastly, should I sign my name or should it be signed by the registered keeper's name?

ezerscrooge

Leave it up to them to prove the signs are compliant at the POPLA stage (not that it matters much as it will win on the No GPEOL bit).

Just sign with a squiggle as Registered Keeper - no point identifying the driver.

ezerscrooge

Oh, and when you post it, get a free certificate of posting at the post office.

The_Slithy_Tove

Or you could point out that the BPA AOS Code of Practice required them to allow a "grace" period before issuing a charge. 10 minutes is well within any reasonable grace period, during which time the driver was reading the signage, and on deciding not to accept their terms, left again. Therefore no contract was entered into, there can be no charge.


Tell them to cancel this vexatious charge as it has no merit whatsoever. Also you will be reporting them to the BPA for this breach and the DVLA for unlawfully obtaining the keeper's details (as they has no justifiable cause to do so).

Oui

Thanks both. I hadn't even thought that a grace period could be used - has this been known to work?

The Slithy Tove, should this reasoning come before the points outlined by ezerscrooge, in final addition to, or in total replacement of them?

Coupon-mad

Oui wrote: »

Thanks both. I hadn't even thought that a grace period could be used - has this been known to work?

Nope! Never at POPLA stage because a breach of the BPA CoP in itself is NOT a reason for POPLA to uphold an appeal. So it's an extra point to add, but won't be the winning point.

Oui wrote: »

The Slithy Tove, should this reasoning come before the points outlined by ezerscrooge, in final addition to, or in total replacement of them?

Just add it at the end as an afterthought as long as you don't say who was driving. Obviously where the squiggle is done as a signature, the actual name and address of the registered keeper must be included (not the words 'the Registered keeper' of course, this is a letter with their name and address on it).

Oui

How does this look -



Dear ParkingEye


As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:


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 the BPA Code of Practice


3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass


4) Your ANPR is not maintained or in correct working order. Furthermore the system is not operated in a reasonable, consistent and transparent manner.



These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.


Should you lose at POPLA I reserve the right to use this as evidence that you have no basis whatsoever for your charges. In addition to claiming for my time I will also be referring your behaviour to the BPA and DVLA with the request that your operations at this car park be terminated until such time as you make changes to comply with their directives.


In addition, the BPA AOS Code of Practice requires an allowed "grace" period before issuing a charge. 10 minutes is well within any reasonable grace period, during which time the driver was reading the signage, and on deciding not to accept the terms, left again. Therefore no contract was entered into, there can be no charge. I will additionally be reporting you to the BPA for this breach and the DVLA for unlawfully obtaining my details (as you have no justifiable cause to do so).

This constitutes the entirety of my challenge and nothing further will be added. You must now, within 35 days, EITHER (i) accept my challenge and notify me that this charge is cancelled, OR (ii) reject my challenge, send me a PoPLA code, and suspend any collection activity pending my PoPLA appeal.


(Signed and printed name)

Coupon-mad

Yep just submit that online tonight. And read up in the NEWBIES top thread post #3 link, 'How to win at POPLA'.

Oui

Thanks all. So you think they will reject the appeal and send to POPLA?