Parking Eye PCN please help???

Tinners14

Me and my wife have both been invoiced for parking longer than the so called specified "free parking" time scale on a retail park.

That's £85 each or £50 each if we pay within 14 days.

Have we any case of appealing this and not paying this ridiculous fee?

Please Help????

Redx

clearly you have not read the NEWBIES sticky thread at the top of this forum

please do so asap

Tinners14

I noticed it after I posted my comment in panic! Is it as straight forward as the flowchart demonstrates???

Fruitcake

Tinners14 wrote: »

I noticed it after I posted my comment in panic! Is it as straight forward as the flowchart demonstrates???

It is straightforward but you must appeal both tickets separately as keeper, not driver.

If you follow the tried and tested process starting with the template appeal you will not have to pay anything.

Start reading and post your draft appeal here if you want someone to check it before you send it, redacting any personal information as well as the PCN number.

soba

My hubby got a PCN from Parking Eye a few weeks ago for parking at a hospital. He was there in his van but in a loading bay picking up equipment. He followed the MSE guide and used the template letter and after receiving a reminder to pay from Parking Eye the next letter he had was a cancellation - no reason given.
All in all a very simple process.

Tinners14

Many thanks for all your input! Lovely to see people in the world are willing to help others!

So basically if I go to the appeal page on the Website I have received the charge from and paste in the following, with my details as Registered keeper, will be my first step?......

Dear Sir/Madam

PCN ref: ********

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 opealing 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.

Redx

yes , and shorten it slightly if its too many characters , same as another OP did on here today

Tinners14

I would be scared of taking the wrong information out! I can attach a document to the appeal page instead with the full wording?

Redx

I am not aware of PE allowing attachments to be uploaded, so no , not IMHO

the other OP was advised to remove this part

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.

then to copy and paste the rest online in the appeal box

Tinners14

Many thanks once again.

ezerscrooge

This one comes in at 2475 characters and has had its successes int he past. It is a shortened version of the CM template one. You might want to add someline spacings at the relevant points.

_______________
I challenge this 'PCN' as keeper of the car, on the following grounds:
a) The sum does not represent a genuine pre-estimate of loss. 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 also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013
e) There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied
f) Your ANPR is not maintained or in correct working order. Furthermore the system is not operated in a reasonable, consistent and transparent manner
The purpose of this communication is threefold:
1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or prove beyond any doubt who was driving - or cancel the charge
2. ''Drop hands'' offer
I calculate that we have both incurred some nominal costs - under £15 – so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the charge within 35 days without further expense and I will not pursue you for my costs
3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service contract' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for any contract to exist. This 'contract' is hereby cancelled and any obligations now end
This constitutes the entirety of my challenge and nothing further will be added. You must now, within 35 days, EITHER (i) accept my challenge and notify me that the charge is cancelled, OR (ii) reject my challenge, send me a PoPLA code, and suspend any collection activity pending my PoPLA appeal
This is submitted online so I have kept a copy and this communication is clearly received by you unless proved otherwise. I look forward to your reply within 35 days and urge you to accept the drop hands offer and accept that I have cancelled any 'contract' because this resolves the dispute without cost