Parking Eye Morrisons Solihull

phill29

Hi,

I received a notice by post on Friday from Parking Eye asking me to pay £85 (£50 within 14 day days). I overstayed by about half an hour (3 hours in a 2.5 hour stay car park).

I've been doing some reading on here and just wondered whether in the first instance (can't make hyperlinks yet ) -this forum url followed by showpost.php?p=65994090&postcount=12" - is sufficient to post in their on-line appeal form?

If so, do I need to modify it in any way and personalise it, or just simply copy and paste? I'll obviously include the PCN number and the relevant company.

Full template here -

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.

Thanks for any help with this.

Phil

Redx

just use the PE shortened template linked in the NEWBIES sticky thread, its especially shortened for online appeals to PE

alter your post above (edit) to say THE DRIVER overstayed , blah blah, dont give the opposition any ammo

the short word I doesnt exist in legalise ( nor ME . MYSELF or I )

Dee140157

And make sure when you add words to any appeal you don't give away the fact that it is you.

phill29

Thanks for your replies. That is the template from the newbies sticky. I'd just read something about not putting information such as "I got stuck in a a queue" and the like. I wasn't sure whether to just leave it as is and make the appeal without changing the template.

phill29

I did actually shop in the Morrisions at the end of the parking period. Shall I include that in the appeal? Should I also say something like-

"The driver was accompanied by children and due to an emergency, it took longer than expected to get to the store and purchase the goods from Morrisons. The time limit was therefore breached"

Redx

do not admit to anything at this stage, cant understand why you wish to fess up and make it easier for them

if you shopped in store and have a receipt or bank statement, redact any personal info and include it in the appeal as an extra appeal point, bearing in mind there is a word count limit with online appeals, hence the use of the shorter template

but not using the word I

ie:- the driver shopped in store and has a valid receipt (or bank statement) attached

too many people fall into the personal I did this trap and fess up they were driving by default (rookie mistakes)

think of it as like the house of commons saying , the right honourable member for hull , and not the persons actual name

Umkomaas

Have you complained yet to Morrisons? Remember they are not in the strongest position profits-wise to be peeing off valuable customers.

As a 'throw away', have you noticed their latest strap-line? 'It's the new cheaper Morrisons', in other words, 'We've been ripping you off for years until you've now rumbled us'!

Coupon-mad

phill29 wrote: »

Thanks for your replies. That is the template from the newbies sticky. I'd just read something about not putting information such as "I got stuck in a a queue" and the like. I wasn't sure whether to just leave it as is and make the appeal without changing the template.

Sorry I just changed the first part of the shorter template so it now just says at the start:

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.

phill29

Thanks for all the help with this so far. My appeal has been rejected. The opening statement mentions a recent court hearing regarding the pre-estimation of loss... it goes into some detail about the a senior judge find parking eye to be fair etc etc.

It also states the points in the appeal are generic in nature and they have seen this before.

As a gesture of good will they have given me another 14 days at the reduced rate (£50) but if I appeal to POPLA it will be the full £85.

So do I really have a leg to stand on? Is it worth pursuing?

Redx

its scare tactics and these invoice appeals are always worth pursuing, we never talk about having a "leg to stand on"

ignore what they have said and write back saying "nothing further to add , cancel or popla code so I can let popla cancel it for you"

they are stalling hoping to frighten the gullible into paying up

if you checked the POPLA DECISIONS thread you would know they dont even contest the popla appeals now ( PSDSU )

shame you havent said anything about doing the most important thing and getting a complaint into morrissons and getting them to cancel it , even direct to Dalton Philips himself

Coupon-mad

phill29 wrote: »

Thanks for all the help with this so far. My appeal has been rejected. The opening statement mentions a recent court hearing regarding the pre-estimation of loss... it goes into some detail about the a senior judge find parking eye to be fair etc etc.

They would say that, wouldn't they? It's their template generic reply. Their GPEOL statement loses for them at POPLA when faced with our appeal!

It also states the points in the appeal are generic in nature and they have seen this before.

We've seen their letter of drivel before! It's their template generic reply!

As a gesture of good will they have given me another 14 days at the reduced rate (£50) but if I appeal to POPLA it will be the full £85.

That's not a gesture of goodwill. And of course it is the full amount if someone loses at POPLA, as the discount is a temporary bribe. So what? You will win.

So do I really have a leg to stand on? Is it worth pursuing?

100% yes.