PARKINGEYE PCN, phew glad I found you guys!

torturerforfun

Well today, as it would seem like many others I have received not one but two parking eye pcn's through the post, this was due to the fact I met my wife at the same car park, we stayed did the shopping had a coffee and left after a lovely afternoon until this B******s ruined it

Anyway after initially panicking thinking how can i pay this £120 (£60 x 2) penalty, I goggled it and ended up here and have read lots of great advice from the experts on here which i'm very grateful of and i'm going to put it to good use.

If any one has the time just to confirm, my first action would be to appeal using the shortened template...... yes?

Although we spent money in a few stores it was all cash and do you think we can find one receipt, nope!! The only saving grace is the car park is directly outside of costa coffee in which we had lunch and i used my loyalty card that has registered our visit, but not sure if this will suffice?

Be good to hear your thoughts :;)

Redx

yes

and obviously you can try an appeal to the landowner, but with no receipts you are on a sticky wicket there , plus PE would want receipts too

but you can win at popla , twice, so just follow that newbies thread and flow chart

torturerforfun

Thanks Redx, is it best to appeal separately or put them both on the same appeal?

Redx

I fail to see how they can be in the same appeal, as one is the landowner and the other is the PPC, the two are rarely the same

so separately , but at the same time if possible

unless you mean the 2 tickets, in which case do them separately as they are 2 different pcn numbers and vehicles and could be 2 different keepers too

Dee140157

I think OP does mean 2 tickets as he says he met his wife there, so I assumed they had separate cars .

So yes appeal each separately, using PE online appeal system.

However you can use the exact same appeal, and subsequent POPLA appeals for both cars. The only details you will need to chancge are PCN numbers car registrations etc, and perhaps minutes of stay.

And yes do go in and complain to Costa and for them the use of a loyalty card is relevant evidence that you were a customer at the time. It may well be they remember you staying there for a drink. Mind I would also be withdrawing my custom from Costa if they do nothing. There are plenty of other extortionate coffee chains out there you could frequent.

Coupon-mad

Do include the info about being a genuine customer but NOT saying who actually drove/parked the car. PE sometimes just cancel when they see receipts and a loyalty card record is similar.

torturerforfun

Hey thanks for the advice. I did mean do i appeal against the two tickets separately as i got two, both my wife and myself were there over stayed by 19 minutes. Sending my appeal today, shall i send the same proof to both appeals? i.e the costa coffee loyalityn card proof.

Dee140157

The card itself is not proof. Only a statement from it might be,
I wouldn't worry too much in the first instance as it is a difficult one to prove.

As it is a free car park, there was initial loss, there can be no GPEOL flowing from the incident so you will win at second stage appeal. But do expect a rejection for both PCNs, which of course are appealed on different names as registered keepers.

What would be funny if one appeal gets rejected and one accepted! Would make an interesting appeal point later on!

torturerforfun

Thanks Dee140157, the pcn's are both in my name, one is to my company (van) c/o my name, will this make any difference?

I have a picture of the sign too as i went there again to talk to the manager of costa, he told me there was nothing he could do

torturerforfun

Does the appeal letter below still apply? Can i use this for my stage 1 appeal?



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. 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.

Dee140157

Yes It still applies. Send it off for both .
However remove the last 3 words

or the IAS

since PE is BPA and goes to POPLA .