Parking Eye Morrisons Chester le Street

pinkcorvette

We returned from four weeks holiday to find two PCN notices from Parking Eye. They relate to 14th June when we parked in Morrisons, Chester le Street for 30 minutes. I waited in the car while my husband went to the Halifax building society. We did not buy a parking ticket as we were unaware of the Parking Eye rules and I stayed in the car.

The charge is for £85, as we have passed the 14 day 'early payment' time.

Can I still appeal the PCN and if so on what grounds.

I am concerned that if we don't pay the charge will go up.

I know these questions have been asked time and again but I'm new to this and need a little bit of guidance. I have read the NEWBIES sticky thread.

Dee140157

Get in the appeal to PE as per the newbie thread post 1. The only thing you need to do is put in the correct PPC.
This will get rejected.
You will then appeal to POPLA as per post 3 and win since PE seem to be failing to turn up to POPLA when faced with a full appeal!

Coupon-mad

Can I still appeal the PCN and if so on what grounds.

As per the NEWBIES thread - YES!! - and you've seen the template to use so you know what grounds!

I am concerned that if we don't pay the charge will go up.

LOL! We win at POPLA every time. Posters pay nothing and it can't go up beyond the PCN amount as that's all POFA 2012 allows them to chase.

Guys_Dad

Whilst I agree entirely with the advice given above, I never cease to be amazed by Newbies who seem to think that as long as someone is in the car, it somehow isn't parked as such.

Equally, waiting with its engine running isn't parking either. This changes the state from "parking" to "waiting" and therefore exempts them from any parking t&c !

I believe some have used both these points of mitigation in the past.

Just to clarify, I am 100% against these swingeing charges as regulars will know, it's just the befuddled logic of some posts that amaze me.

Coupon-mad

Guys_Dad wrote: »

Whilst I agree entirely with the advice given above, I never cease to be amazed by Newbies who seem to think that as long as someone is in the car, it somehow isn't parked as such.

Equally, waiting with its engine running isn't parking either. This changes the state from "parking" to "waiting" and therefore exempts them from any parking t&c !

I believe some have used both these points of mitigation in the past.

Just to clarify, I am 100% against these swingeing charges as regulars will know, it's just the befuddled logic of some posts that amaze me.

Totally agree - astonishing how many people say 'I wasn't parked as the engine was on and/or I was in the car'.

You can get a Council PCN from a camera for stopping like that so yes, it IS 'waiting' which is 'parking' in effect. No idea why anyone would think otherwise, not that it matters re a PPC fake PCN as the OP will win the appeal anyway.

Herzlos

I'll wait places I wouldn't park, because I'm able to move the car if it's causing a nuisance for anyone. Though I'll try and wait somewhere considerate anyway.

OP: Appeal to Parking Eye on the basis that the charge is excessive, and do so as the registered keeper and not the driver. They'll reject whatever you send them anyway. The rejection should come with a POPLA code where you can make a proper appeal and have it upheld.

Coupon-mad

Herzlos wrote: »

I'll wait places I wouldn't park, because I'm able to move the car if it's causing a nuisance for anyone. Though I'll try and wait somewhere considerate anyway.

Just don't try that in London...spy cameras are set to catch exactly that sort of motorist.

pinkcorvette

Thanks for the advice. I also agree that waiting in the car is the same as parking and admit that we were trying to avoid paying a parking charge. In future we'll be more careful where we wait. Really the basis of my question was can I still appeal when I know I was in the wrong but if I'm right I appeal on the grounds of the charge being excessive.

Redx

pinkcorvette wrote: »

Thanks for the advice. I also agree that waiting in the car is the same as parking and admit that we were trying to avoid paying a parking charge. In future we'll be more careful where we wait. Really the basis of my question was can I still appeal when I know I was in the wrong but if I'm right I appeal on the grounds of the charge being excessive.

yes is the simple answer

you can appeal based on the legal arguments shown in the newbies thread, and the expanded ones shown in the popla appeal examples, REGARDLESS of what "happened"

the "what happened" is rarely relevant !

they are sending you an invoice, so you have the right to challenge the legalities of the invoice , no matter what happened or where or why

pinkcorvette

Does the £85 'charge' increase if it's not paid?

Coupon-mad

Not does not and cannot increase, as long as you appeal as the registered keeper because you are then protected by the POFA 2012 (one effect of which sets the maximum charge that a keeper can be liable for, at the amount of the PCN, no more). You just need to submit the template (shorter version) first appeal online to ParkingEye asap.