Parking Eye PCN

Muzzzz

Hi guys could really use some help. So yesterday I received a parking charge notice of £100 from parking eye (£60 if paid within 14 days) the arrival time was 09/08/14 at 00:10:52 and I was parked until 09/08/14 00:33:25. I have parked there a couple of times before and never received a fine however this time I did. It was midnight on a Friday night (Saturday morning technically) and I didn't see any signs saying 24 hours pay and display however after looking on google street view I think I can see one sign. The car park was empty and I was only there 20 minutes to get a takeaway. I have read online a lot of stuff about appealing ect but I don't really know if I have grounds to appeal?

Thanks in advance

Dee140157

You have plenty of grounds for appeal.
Please read the newbie thread at the top of the forum first (see my signature). You may need to read a few times before it makes sense to you. Then come back and ask any questions you have about this you don't understand.

Muzzzz

Thank you! I will read that now. Sorry but where do I find it? (I'm kinda new)

Dee140157

See my signature?

Muzzzz

Ahhh yes.. Thanks again haha, my mistake! As soon as I'm home from work I will read and report back any questions? Just one question now. If I appeal does this take time from my 14 days? So if I am appealing and it all takes longer than 14 days and it is denied will I need to pay the full £100? Thanks again.

Muzzzz

Hey so i have read the newbie thread on the subject and from what I understand I email this template
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 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.
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.

As it is to Parking Eye? and if that fails I move onto a POPLA appeal?

Redx

correct on all counts

PE have 35 days to respond to your appeal, then you have 28 days to sort out the popla appeal, then its 5 to 8 weeks for a popla decision, so fast it aint

Muzzzz

Thanks a lot so il send that over now and let you know what they say back! And they can't up my payment from £60 to £100 whilst I'm appealing can they? Because obviously I have 14 days to pay £60 and if they don't get back quick will they then change that to £100 if I lose?

Coupon-mad

Muzzzz wrote: »

Thanks a lot so il send that over now and let you know what they say back! And they can't up my payment from £60 to £100 whilst I'm appealing can they? Because obviously I have 14 days to pay £60 and if they don't get back quick will they then change that to £100 if I lose?

Stop looking at the 'kind offer' of the discount. You won't be paying a penny and of course they DON'T re-offer £60. And of course there is no case of this being 'my payment' because you owe nothing. Who cares what they say you owe when they decline the template appeal, who cares about the silly pages of 'court cases won' they will send you? We beat them every time at POPLA so there is no court - just don't miss your deadline when you get your code.

So stop thinking about paying £60 and that made-up deadline - that's why they do it, to mimic a real PCN.

Muzzzz

Haha thanks for that motivation! Well I am just sending the template appeal letter over now and I will let you all know when I hear something back fingers crossed they miraculously accept this appeal!

Muzzzz

Hey guys! So today's the day, I received a letter rejecting my appeal due to the fact parking tariffs apply in the car park. It also has a lot about court cases they have won etc... With it I received my POPLA ref number so what do I do next?

Another thing I received a letter saying rejection of invalid invoice? Not sure what this is

Thanks again everyone