ParkingEye PCN on retail park

amugofjava

Hi All,

I have read the newbie thread and many other postings on this forum and so hopefully I am not about to ask questions that have already been answered a hundred times over.

I received a PCN from ParkingEye for an overstay on a retail part at the end of November; a retail park that is off a motorway and so when you're on it - there is nowhere else to go - just stay and shop! The PCN shows photos from the ANPR and states that I exceeded the 4 hour max stay by 18 minutes. Whilst I may have exceed the time, the whole time was spent on the retail park and I have receipts to show this.

I am using the online version of the template letter as a basis for mine, just adjusting the last line to include mention of receipts that I will also be attaching. Is that the correct thing to do - attach receipts in addition to the letter?

I would be really grateful if one of the MSE experts could glance an eye over this appeal. Many thanks.

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 along with the driver's receipts which shows they were a genuine customer and 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.

Fruitcake

As this is your first appeal it will be fine. It will be automatically rejected, but the purpose of the appeal is to get a PoPLA code that you use for the second stage appeal which you will win as long as you follow the advice on here.

Having said that, parking lie have started to cancel PCNs when they see a first appeal from a MSE template because they know they will lose and it will cost them

Well done for getting this far without having to ask questions first.

amugofjava

That's great - many thanks for your help