ParkingEye Ikea Nottingham - mark 2

NotMyRook

I have received a PCN very much like the one described by ducatidaz. A sticker from ParkingEye on the windscreen for "Obstructive parking, Unauthorised parking" followed a little over 28 days later by a PCN letter through the post.

I, as keeper, have taken the standard first appeal wording but was wondering how best to include reference to a receipt for £200+ spent at the Decathlon store by the driver while the car was parked. Would the outline (below) suffice?

I'd be grateful, as a newbie, for any advice.

Thanks
NotMyRook

Appeals Department
ParkingEye
P.O. BOX 565
Chorley
PR6 6HT

Dear Sir/Madam

Re: PCN No. @@@@@@@

I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:

a) 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.
b) The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c) In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d) 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.

Please also find attached a copy of the receipt from the Decathlon store at Giltbrook confirming the driver was a customer of the store on 25 Aug 2014.

Yours faithfully

Northlakes

You should firstly contact the store get them to cancel the PCN before you do the soft appeal. You should state to PE that you spent £200 and enclose a copy only of the receipt. You should tell PE that you have contacted the retailer in question.


Many stores will instigate cancellation hoping you might come back sometime. However a lesson learned, avoid PE infested car parks at all costs.

Redx

and DO NOT ADMIT OR INFER WHO WAS DRIVING

---

so say THE DRIVER SPENT £200 AT BLAH BLAH etc

not I was driving, I spent £200 at blah blah

redact the personal details on any receipts or bank statements , but mention the unredacted details can be given to a court or judge (same as they do with contracts etc)

EnigmaPart1

Northlakes wrote: »

You should firstly contact the store get them to cancel the PCN before you do the soft appeal. You should state to PE that you spent £200 and enclose a copy only of the receipt. You should tell PE that you have contacted the retailer in question.


Many stores will instigate cancellation hoping you might come back sometime. However a lesson learned, avoid PE infested car parks at all costs.

Disagree.

Cutting your nose to spite your face here. It achieves nothing.

penrhyn

Where was the vehicle parked, the car park is vast?

Guys_Dad

Redx wrote: »

and DO NOT ADMIT OR INFER WHO WAS DRIVING

---

so say THE DRIVER SPENT £200 AT BLAH BLAH etc

not I was driving, I spent £200 at blah blah

redact the personal details on any receipts or bank statements , but mention the unredacted details can be given to a court or judge (same as they do with contracts etc)

Actually, that advice would identify the driver. Much better to say "I was in the vehicle being driven to IKEA and spent £200." and then go on to refer to "the driver" in the 3rd person elsewhere in the appeal.

NotMyRook

Thanks for all that advice.

The Decathlon customer in the car will have to contact the store via e-mail as they don't live locally; the person who spent the money in Decathlon isn't me or the driver... Any suggestions as to how long I leave it before the soft appeal to PE? I would guess that Decathlon aren't going to respond very quickly but there is a clock running on the appeal process.

penryhn - it's a big car park but it didn't feel like it on the rainy Bank Holiday Monday in question when almost everyone in the region seemed to have decided to visit Giltbrook. The car was parked on the end of a row, as were many other cars that day.

Northlakes - I didn't know it was a PE run car park. The signage on site was deficient, the wording unclear...

Thanks.

Redx

its 28 days to appeal a postal NTK, can be done online with PE, just dont mention the driver but do as guys dad said and mention that a passenger in the car spent 3200 in store and you as RK expect a cancellation

ideally attach a scanned copy of the proof , otherwise they will ask you to provide it or will issue a cancellation or a popla code

with the scanned copy they will probably cancel so chase this up asap with the customer and get it emailed to you for your appeal

also get pictures of the signage etc too

bear in mind if this was a windscreen ticket you should wait for the NTK to go to the RK (unless its a hire car/lease car/or company car)

then the RK appeals this from the NTK within 28 days , so ideally wait for the NTK which should arrive between days 29 and 56 , so as this appears to have arrived its this NTK you are appealing, not the windscreen ticket , as RK

Coupon-mad

Any suggestions as to how long I leave it before the soft appeal to PE? I would guess that Decathlon aren't going to respond very quickly but there is a clock running on the appeal process.

Don't leave it - just appeal as well. So your final sentence could be:


Please also find attached a copy of the receipt from the Decathlon store at Giltbrook confirming that an occupant of the car spent over £200 as a customer of the store on 25 Aug 2014. I have lodged a complaint with the retailer about this harassment of customers by a third party firm whose signs were not even seen by the driver or passengers. I trust you will cancel rather than lose at POPLA again.

NotMyRook

Thank you again.

I have submitted a complaint to Decathlon asking them to contact PE to cancel the charge and I have also submitted a soft appeal to PE using the form on their website with a redacted copy of the Decathlon receipt attached using the standard template plus additional text (see below).

I will post again if and when I hear any follow-up.

Dear Sir/Madam

I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:

a) 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.
b) The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c) In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d) 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.

Please also find attached a copy of the receipt from the Decathlon store at Giltbrook confirming that a passenger in the car spent £206.49 as a customer on 25 Aug 2014. I have lodged a complaint with the retailer about this harassment of customers by a third party firm whose signs were not seen by the driver or passengers. I trust you will cancel.

Yours faithfully

NotMyRook

I've had a surprisingly rapid response from Decathlon. Perhaps this is something they find themselves responding to fairly frequently. Not a great deal of help though. Is there any point contacting Savills? Thanks.

Thank you for your e-mail. I am sorry to hear of your experience in the retail park. However Decathlon has no responsibility for the car park nor any affiliation with Parking Eye. The site is owned and run by Savills who are a subsidiary of British Land and the car park is managed by Parking Eye on their behalf. We are merely tennants on the site. If you wish to contact the manager for the retail site his details are:
Denis Copeland DipSCM
Regional Manager
Northern Shopping and Retail Parks
Savills Management Resources
[EMAIL="DCopeland@savills.com"]DCopeland@savills.com[/EMAIL]
We apologise if this has reflected poorly on our store and we do hope to see you again.