ParkingEye PCN at Morrisons

bikeman17

I received a parkingeye pcn letter through the post yesterday. It was a 2hour free parking at Morrisons on 22nd Nov 2014. I overstayed by 47min as I completely lost track of the time.

Its telling me I need to pay £60 within 14days or its going to be £100.

Never received or challenged a parking ticket so please advice

Coupon-mad

Nor has any newbie here had one before, everyone here is new to it, yet everyone manages to do it easily though when they bother to read the advice...you appear to have completely missed the NEWBIES thread. Surely before posting you cast your eyes down the threads and saw it?

Use the FORUM JUMP to hop back and click 'GO' then start again and read the thread that tells you how to appeal and win. Sorry to be narky, welcome to MSE but with the best will in the World we cannot answer every 'help I am new, haven't a clue' thread. It's already in the NEWBIES thread - YOU WILL WIN, IT'S EASY!

No link, use the forum jump.

Bobbydazzler

That's good advice from CM

When you read the "NEWBIE" threads it may seem like an overload of info, just take your time to digest them. After all if you only received the NTK/PCN yesterday you should have plenty of time.

Here's what you need to do

1, Read the "NEWBIES" threads.

2, Digest them (and with the advice/knowledge given by them).

3, Prepare your appeal from one of the templates given in the "NEWBIE" threads. You can then post it on here so an expert/regular can give it the once over.

4,Then when its confirmed OK, send it to ParkingLie and await your cancellation notification

They will cancel once they know you have help from this forum

bikeman17

Hi guys,


Here is my draft, if you can give it a once over I would appreciate.



Date: 05/12/2014


Dear Sirs

Re: PCN No. xxxx

I am the registered keeper and I wish to appeal a recent parking charge from ParkingEye. I submit the points below to show that I am not liable for the parking charge:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate.

Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.

You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

{the registered keeper's name}

Two queries I have, regarding point f) from above do I leave that statement in especially the 'dingy Blackpool Hotel'. Secondly, do I sign and provide my name in the signature bit?


Thanks for your help so far.

Coupon-mad

Two queries I have, regarding point f) from above do I leave that statement in especially the 'dingy Blackpool Hotel'. Secondly, do I sign and provide my name in the signature bit?

It's up to you. The Hotel thing is about a recent News item and is a little dig I wrote in this latest version of an appeal. If that's not your style then cut that and in fact you will find the whole appeal DOES NOT fit in PE's online appeal box so you must shorten it buy cutting out the waffle anyway!

And yes you have to provide a name and address for the keeper, but online there's probably a tick box for that so you won't necessarily have to write 'yours faithfully' at the end anyway.

PE often cancel now, when they see a version of that appeal. If not, then at POPLA stage they do not contest our POPLA appeals.

bikeman17

Thanks, is it best to appeal by post or online?

Bobbydazzler

bikeman17 wrote: »

Thanks, is it best to appeal by post or online?

Use their on-line Appeal. It saves you the cost of a stamp and the walk to the post office.

You need to use the post office if you decide to send it via post, because you need to use the recorded sent (its free) postage method. This way your appeal won't disappear into the PPC's version of the Bermuda Triangle, never to be seen again.

On-line method for me

prosnap

Just to clarify things a bit ....

If sending by post you just need to ask for "proof of posting" when handing the letter over the counter at the Post Office .... It is free.

Do not send it recorded delivery because it may well be refused at the other end.

bikeman17

I'm having a problem submitting my online appeal. It looks like the online submission is restricted to 3000 characters so the template letter would need to be shortened. This is the error message I get when I try to submit:

The field Reason for Appeal must be a string with a maximum length of 3000.

Can anyone help me shorten the letter to meet the requirement without having to chop of any important parts?

As always thanks in advance.

Marktheshark

As well as this take your receipt to Morrisons customers service and refuse to be fobbed off.
Instruct the manager you know he has a access code for the website where he as manager can enter the code and have the invoice marked as genuine customer.
If he/ she starts lying and saying they can not, take the full name and rank it up to head office.
Yes they can and yes they do when it suits them.
Checking Morrisons actually own the land is also worth doing as they have some funny trust arrangement which means they often only have use and not ownership or rights to make contracts in their own name.

Coupon-mad

I did already tell you that, above I said ''you will find the whole appeal DOES NOT fit in PE's online appeal box so you must shorten it buy cutting out the waffle anyway!'' So, it's not hard, cut it down yourself, I always tell people it's your letter of appeal, I just give you the tools. Cut anything you like out, shorten the waffle - it doesn't matter. I will not be re-writing it for people, have been asked before, and said no. I hate templates anyway so re-work it yourself to 'make it your own'. Don't be so worried, just submit a version of it.