Parking Eye PCN

Saleshark

My Company have received a PCN from parking eye for me parking on a Morrisons car park over a allotted 1.5hrs.

I did buy something from the store and also had a look around, I also visited some other shops close buy as the store in question is in a small market town, so I was parked for 4 hours.

Have I got a right to appeal this fine? I entered the car park close to 6pm and left just before 10pm. Parking in the town is free after 6pm, but I was obviously shopping at Morrisons first, so parked there for convenience.

Can I challenge this and how do I go about it as its a company car?

ezerscrooge

Have a look at the newbies thread. Of course you can challenge it - and win.

It does not matter a jot what did / did not happen on the day. The appeal grounds are the same - No GPEOL, Poor Signage, No Authority.

As it is a company car, it is unlikely that you'll get a NtK - this will go to the lease company or your transport manager. May be best to 'out' yourself as the driver to save hassle further on.

Make a soft appeal as per the templates - they will reject it, but you need the magic POPLA code. You'll then put a winning POPLA appeal in as per the templates.

Do post your appeal here for comment before oyu send it though - just to make sure it is bang up to date with the appeal points.

Dee140157

It is also important you tell the lease company company to discharge their duty by giving the PPC your details as driver. They are not to pay the invoice as you have not signed any agreement to pay a speculative charge such as this. It is not (as you may have agreed to ) a penalty charge. Nor have you agreed to any admin fee at this stage.

If they have actually passed PCN on to you, then appeal as driver and give your address for service.


Then appeal as driver as per the newbie thread.

They will reject and then you appeal to POPLA. The good news is that at the minute PE do not appear to be contesting forum assisted POPLA appeals and so most people now win by default.

Saleshark

Thanks for the advice.

How do I go about the the online appeal, My HR department received the PCN and obviously my company is the registered keeper not myself.

By giving my details in the appeal I am then informing them that I am the driver of the company vehicle?

Also on the PCN there are two photos of my car one is a relatively normal photo stating my arrival, the photo of my departure you can only see the number plate and headlights and the rest of the photo is black. This was on the 25th July and it wasn't even dark when I left. Also both shots are of the front of the car, is this normal?

Saleshark

Can someone please comment whether I am OK to let PE know that I am the driver of this company vehicle?

Dee140157

It is also important you tell the lease company company to discharge their duty by giving the PPC your details as driver.
You will then get a Notice to driver which you will then appeal.

LMck111

Parking Eye....! What a joke.
I have 3 invoices (NOT FINES) from them well over 2 years old now.

The vehicle in question was parked in a Lidl car park on various days over a 2 week period.

The signage was non existent & what was there was so small it was out to trap you.

Anyway - received 3 different invoices, never replied or acknowledged them at all. Got the obligatory threats, fines, solicitors garbage etc for the first 3 months.
Then another set 6 months down the line & another about a year later.

Ignored every one & have never heard a thing since.

This was also the method various others used from the same car park.

So to sum up - They have no power - They don't go through with their threats - They are praying for you to "crack" first & give them money that they cant legally enforce out of you.

Saleshark

Hi

My company car is owned by my company, I have been given the PCN by my HR department.

Please confirm that I can now just do the online appeal using the PCN reference number/

Dee140157

Yes you can do an online appeal as the driver using the PCN number and making sure you give them your name and address for all follow up information.

The other way to do it is to get company to name you as driver so you get your own NTD (not NTK). But if that will cause problems at work, jus go ahead and appeal as driver providing you are within the time frame of appeal. If not then your company must "out" you.

As this is the third. Time of explaining this, please explain what you don't understand from my words.


Oh and ignore the previous poster. He/she knows nothing. PPCs have up to 6 years to pursue claims so he/she may yet get hit with court proceedings as PE and others are known to pursue old claims!

Redx

stick with the advice in the last post and not post #7

post #7 is only valid after 6 years have passed , so their advice can only be "followed" in another 4 years or so, by which time it is out of date, as it is now (so I wouldnt anyway)

also bear in mind that PE issue over ten thousands court claims a year , do you think you would be one of them if you ignored it ?

the person in post #7 obviously hasnt heard of the Beavis case that went to court in Cambridge and is going to the court of appeal !

the sensible thing to do is as DEE says , taking it to popla if necessary

Saleshark

Thank you all for your help.

This is the online appeal i will submit to the PPC. Where I mention 'Driver of the vehicle', should I say Company Vehicle instead?

Dear xxxxxxxx

re PCN number xxxxxxx
I have received your parking invoice impersonating a 'parking ticket' and will be complaining in the strongest terms to your client since I am no customer of yours and no longer one of theirs, now. No doubt you convinced them that your operation is some sort of 'parking space maximisation scheme' when it is nothing of the sort and is simply there to maximise your own profits.

I decline your invitation to pay, neither of which are required of me as the driver 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.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:
1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for 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.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
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.

A certificate of posting will be obtained for all my written responses and I intend to claim my costs when I prevail.