PCN from ParkingEye.

specialboy

Have read the sticky above and just want clarification please. Do I just email the template below to ParkingEye word for word asking for a POPLA code if the want to continue to chase me? The wife was shopping in Aldi but overstayed in their carpark by 20 mins, total of 1hr50mins as she left their car park to have a coffee over the road.

************************************************** ************************************************** *

Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car, on these main grounds:

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.

Umkomaas

Use it 'as is', PE have recently started to cancel on receipt of this, seemingly to avoid the inevitable follow-on appeal to POPLA, where they lose every time to a forum-based appeal, and which costs them £27 a pop.

As added 'security', if your wife has a >£30 receipt from Aldi (or bank/cc statement) send a copy - redacted of name and other personal details if it's a statement - with your appeal, adding a final 'here's proof that the driver was a genuine Aldi shopper'.

That will do the job, but even without proof of purchases, you shouldn't have any further problem. But do keep to the PE deadlines, otherwise they are litigious, issuing thousands of court papers each month, although oddly, I've never yet seen any relating to an ALDI parking charge.

Let us know how you get on.

HTH

Fruitcake

Also complain long and loud in store to the manager, and you might want to leave feedback on the Aldi Fakebook page as well.

Coupon-mad

Do I just email the template below to ParkingEye word for word

No because you'll have seen from the PCN that you can't email a PE appeal.

And no, because that entire appeal, every word, won't fit in the appeal box. So use the tools I provide in that appeal template and make it shorter yourself, so it's your own. Not sure why people need much clarification, seeing as the NEWBIES thread tells you how to appeal. Maybe you can't believe it's that easy to get it cancelled - but it is - just reduce the waffle, come up with your own shorter version and wallop it in to PE online. It is that easy, look:

https://forums.moneysavingexpert.com/discussion/comment/64869779#Comment_64869779

You probably won't even need to go to POPLA. PE keep giving up now when they see any shorter version of the forum appeal.

And complain to Aldi on their facebook page, and in writing to whoever runs the Retail Park if there is more than one store. They need to hear customer anger at this scam, especially when no adjustment of time is made around Christmas and New Year.

specialboy

The wife has just found her receipt from that day totalling £75 so il include a copy of that in the appeal. Thanks.

specialboy

Couponmad on the reverse of the PCN under appeals it give an online address to appeal to as https://www.parkingeye.co.uk/appeal.

Coupon-mad

I know - that's not an email address.

They will cancel though, they do when people show a receipt over £30. So write a short version of the Newbies thread appeal, to fit in the PE appeals box, including a sentence saying 'here is the driver's receipt which shows they were a genuine customer' (NOT 'here is 'my' receipt).

specialboy

Thanks, I've run through your template and changed words here and there but don't want to delete stuff incase I delete something important, do you think this will do?
I was going to print this off and send it to them. Are there any paragraphs I can do away with to shorten it? Or leave as is and enclose a copy of receipt?
Dear Sirs
Re: PCN No. .......131414/212357
Having received this notice in the post on the 6th December 2014 I challenge this 'PCN' as keeper of the car, on these main grounds:
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). On the date in question the driver of the vehicle was a customer of the store that owns the car park and spent a considerable amount in store, a copy of the receipt is enclosed with this appeal.
Your clients should be ashamed at the way they allow you to 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.
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,

Coupon-mad

Yep that's fine but I wouldn't print it off, just copy it into their webpage if it fits, and you can also attach things as evidence, such as the receipt.

specialboy

Just a follow up to thank you for your help, I forwarded the template as in post #8 and received a reply saying the charge was cancelled.

trubster

specialboy wrote: »

Just a follow up to thank you for your help, I forwarded the template as in post #8 and received a reply saying the charge was cancelled.

You will probably get another letter tomorrow... "We reject YOUR invoice, you can't invoice us, how dare you?"

Why they don't put it all in the "Charge Cancelled" letter I don't know