Made a mistake? Parking eye...

Dazed+confused

Hi all,

The answer may be in a feed already but I'm getting a little confused and want to maximise my chances...

I received a parking charge from parking eye, which I appealed. It was for parking for an hour in a pub, I did not purchase a ticket. Apparently you purchase a ticket, but it gets refunded if you are a customer at the pub. I spent 3 times the minimum £3, and stayed a third of the allowed time so effectively should have been for free (ties in to the arguement of loss?)

However as I had receipt to prove it I thought nothing of admitting it was me driving and sending in a receipt as it never occurred to me they would send a letter upholding the fine! I was away and have come back to only 3 days remaining before it goes up to £100

Have I ruined my chance now, having admitted it was me driving? I'm a bit confused as to whether I got to POPLA or back to parkingeye? The legal jargon has me a little confused so I apologise if this is repetition but any help is gratefully received!

Thanks to one and all helping out us dazed and confused souls!

PS I read the Newbies post... I wasn't sure if it was applicable having screwed it up for myself! And I've complained to the pub chain email... no reply as yet.

Hot_Bring

So I assume you have appealed to Parking Eye ? What was their response ? Have you had a POPLA code ?

Dazed+confused

I appealed to parking eye (unfortunately without reading any of this as I assumed it would be dropped upon proof of customer purchases, considering I had fulfilled the requirements for free parking, bar buying the refundable blooming ticket in the first place!) I stupidly didn't keep copies of either mine or their letter for the same reason.

They responded stating that the recent appeal has been unsuccessful due to the fact parking tariffs apply in this carpark. They have included a POPLA code which I have 17 days left to appeal to according to the link to parking cowboys provided by a forum member. Bit worried about letting it get that far as it says discounted amount would not be available?

Thanks again, much appreciated!

Dee140157

A standard PE appeal will see this off. Just appeal as driver since you have already said you were.
Use a free car park appeal example but adjust the no GPEOL paragraph to show there was no loss, because as driver the amount of money spent in bar exceeded that which was necessary for a refund, which you did not claim as you did not have a ticket therefore the PPC was no worse off. The situation as it was led to a status quo in effect. No payment, but no refund. As there was no loss, no GPEOL can flow from the incident.

Apart from that most other arguments will be the same, especially the signage one! If dark, use a dark signage version, if not use a generic signage one. You will need to read a few appeals for the appropriate one.

fisherjim

The_Deep wrote: »

I sm puzzled, did you actually get a refund from the bar for your parking? If not then surely PE or the pub owe you money. The only one who is out of pocket is you.

I am not a lawyer, but it seems to me that you entered into a contact where you pay, you buy, they refund, and they did not refund, then it is they who are in breach.

He never bought a parking ticket!

The_Deep

Oops, post deleted

Umkomaas

fisherjim wrote: »

He never bought a parking ticket!

The_Deep wrote: »

Oops, post deleted

Oops, should have read the whole thread TD, tut, tut!

Dazed+confused

So.. appeal back to parking eye, great! And do I need to ask them to put the POPLA appeal on hold as it will run out in 17 days or would my time to appeal to POPLA get re-newed? Last question (I hope) are the example appeals I am looking for within the Newbies sticky thread or elsewhere? On 15 hour night shifts this week so my brain cells aren't up to scratch!

Thank you very very much, it's lovely you take the time out to help me, and others.. very grateful! :T

Herzlos

Don't re-appeal to parking eye, they'll reject it again.

You've got a POPLA code, so appeal to POPLA as described in the newbies thread, attacking the bases of the whole thing (it's not a genuine pre-estimate of loss etc) rather than mitigating circumstances.

ezerscrooge

Do get your POPLA appeal in - don't bother with PE anymore - POPLA will tell them to cancel the charge about a month after you send it.

Post your appeal on here for comment before you send it.

Umkomaas

ezerscrooge wrote: »

Do get your POPLA appeal in - don't bother with PE anymore - POPLA will tell them to cancel the charge about a month after you send it.

Post your appeal on here for comment before you send it.

@OP - the chances are that PE just won't even bother to contest your appeal at POPLA, provided you use a forum-assisted appeal.

Check out the NEWBIES sticky, post #3 'How to win at POPLA', there are some PE-related appeal examples which you can copy and paste, but obviously read the one you use through and make changes at the margins to reflect your parking event (eg, there's reference to parking in the dark in one of them, so if yours was a daytime event alter that). Flash your draft up here for a once over from regulars before sending off.

Don't miss the POPLA deadline (you're almost halfway there now!) as it's your best chance to stamp on this. Miss the deadline and you're looking at a whole pile of fun you can best do without. PE are the most litigious of all, with thousands of court papers issued each month; don't sleepwalk yourself into receiving one of those.