Parking Eye - Parking Charge Notice

leeconvery

Hi All, just looking for a little advice. I received a PCN today via my HR department from Parking Eye, it has a photo of the car entering and leaving a retail car park on 13/9/14. They say I did not pay for a stay of 50 mins. The PCN requested £100 or £70 if I pay up by18/10/14. The problem is that I did pay for my parking, £1 for an hours stay.
I no longer have the ticket as I went away on holiday and cleaned the car out. The car is a company car it is possible I may have entered the wrong registration number (unlikely but I cant think of any other reason why they would have no record).
I have started making my way through the advice on here and have already figured that I shouldn't just ignore it. Can anybody please suggest the next best step. I have not yet appealed.


Thanks in advance

Coupon-mad

You just send the first appeal shown in the Newbies thread - you CAN call yourself the keeper as the template shows (as you are the day to day 'keeper' of the car) and you can put it in online to PE.

You could add that:

' The driver did pay £1 but it is possible there was a typo with the registration number and the pay and display ticket has been discarded since. So I require you to check your records around the 10 minute period after the arrival time, to check for similar unmatched numbers. I am sure it will be traced. '

Sometimes they drop out and sometimes they give a POPLA code which you would win if you use our template examples in post #3 of the Newbies thread at that stage. To win at POPLA, it's all about the fact the charge is not a genuine pre-estimate of loss (not just about arguing the driver paid).

Use the terms 'driver' in the third person as it gives you (as 'keeper') an extra appeal point at POPLA stage (i.e. that there is no keeper liability as the PCN does not describe the parking charge which remained unpaid in their view - the £1. It should be described & stated as a sum in the PCN - which was 'outstanding' as at the day before the PCN was sent - and it's not there on PE PCNs = a flaw).

leeconvery

Thanks for the support, I guessed I was on the right track but its confusing with so many different threads going on!


My appeal is as follows:


Dear Sirs
Re: PCN No 431331/242376
I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:
a.)The driver did pay £1 but it is possible there was a typo with the registration number and the pay and display ticket has been discarded since. So I require you to check your records around the 10 minute period after the arrival time, to check for similar unmatched numbers. I am sure it will be traced.
b). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty.
c). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
d). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
e). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.
This is my formal representation. There will be no admissions as to who was driving that day and no assumptions should be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
Yours faithfully

Lee Convery


I will send this off shortly so pelase advise if you think I need to change anything.


Thanks again.

Coupon-mad

I think I would remove 'not as driver but'
(in your case it just reads wrong).

And normally I would say remove your name from open view on the forum but as your username is the same, it doesn't matter! No worries, you'll either win at this stage or at POPLA following our advice so it doesn't matter.

leeconvery

Thanks - will let you know!