ParkingEye infect Moorgate Retail Park, Bury

littlemisscowboy

So, UKPC got booted and ParkingEye (Parking Eye / Parking Spy) have kindly stepped in to take over the supposed 'Parking Management' of Moorgate Retail Park in Bury - the one with Halfords, KFC etc.. :doh:

Appeal lodged this evening over an overstay PCN via the ParkingEye website, using the lovely template as provided in the Newbie thread.

*Be warned though*: the appeal box only allows 3000 characters, so you have to do some careful cutting of the full letter to get it to fit. Also, I would suggest keeping a full copy of the appeal text in Word doc or similar as a PDF print of the page does not render everything you've put in the box.

Will update as this progresses.

Anyone else facing up to ParkingBleugh at Moorgate at the moment?

ezerscrooge

Always had a feeling a fresh set of parasites would arrive. I have made a complaint to the planning department of the council as there is no Planning Permission for the sign poles and camera columns (not heard the outcome of the complaint yet, except that the council are investigating).

If you've used the template, then PE should back off. Also, if it was dark, then there'll be an extra appeal point because the car park lighting does not work.

If anyone is interested, the landowner is the Charities Property Trust operated via Savills.

Here's an uploadable appeal (based on the CM template) that comes in at 2475 characters so will fit in the online appeal easily.

---

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
___________________

ezerscrooge

Do feel free to bang a letter to the Bury Times telling people how they can beat these lot. They've stopped printing my letters.

A letter was in the Bury Times on 11th Dec from one poor couple who got clobbered by PE at Woodfields, Bury and foolishly paid up believing they did'nt have a leg to stand on as it was a hire car. Shame they didn't come here, or have any back copies of the Bury Times...

littlemisscowboy

I will write to the Bury Times once my appeal is upheld and the PCN cancelled. Then there is a positive outcome to the story, which is more likely to garner a) column space, b) more people coming to the forums for help and c) less money heading into ParkingEye's grubby pockets.

I'll shout when it happens :-)

bazster

Coupon-mad wrote: »

Give it 6 months and they will have forced through a change in the time limit down from whatever it is now. It's in their contracts that the client has to agree. That's how this lot work.

They tried this at Borehamwood Retail Park and the local press went to town on the managing agents, JLL, eventually forcing them to reinstate the original time limit.

bert99

Just want to say a massive thank you. My g/f got a "fine" for over staying by 18 minutes on this car park. She was very upset but the template worked a treat. Within a week, she got an email saying any charges were cancelled. A wonderful Christmas present

Umkomaas

Good one bert99. Happy Christmas to you and your g/f.

Now, do us a favour on here - please tell all your friends that these charges can be beaten by coming here and reading the NEWBIES FAQ sticky. The best self-help PPC-PCN resource anywhere on line.

bert99

I told everyone who I work with. In fact there were 4 who had had similar letters and 3 of them paid up the £60 straight away. The other one has appealed but not using the template so we'll see how she gets on.

Umkomaas

bert99 wrote: »

I told everyone who I work with. In fact there were 4 who had had similar letters and 3 of them paid up the £60 straight away. The other one has appealed but not using the template so we'll see how she gets on.

Tell her to get over here if her appeal (likely) fails and we'll help her out.

littlemisscowboy

The template worked! :beer: A lovely present to come home to yesterday.
"We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account."

Thank you one and all on here! :T
Hopefully the shortened template can be useful for everyone.

They have also sent me a letter titled 'Rejection of invalid invoice' where they formally me *snigger*. It was a very lovely feeling to realise what it was - the language is carefully constructed to make sure it isn't hugely clear on first read what they're talking about!
I'm guessing others have seen this letter before? If not, I can type up the wording here for reference purposes.

I'm off to celebrate with more coffee!

sausagefingers37

ezerscrooge wrote: »

Always had a feeling a fresh set of parasites would arrive. I have made a complaint to the planning department of the council as there is no Planning Permission for the sign poles and camera columns (not heard the outcome of the complaint yet, except that the council are investigating).

If you've used the template, then PE should back off. Also, if it was dark, then there'll be an extra appeal point because the car park lighting does not work.

If anyone is interested, the landowner is the Charities Property Trust operated via Savills.

Here's an uploadable appeal (based on the CM template) that comes in at 2475 characters so will fit in the online appeal easily.

---

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
___________________

Many thanks for this, followed the appeal procedure on line and copied the template. Received 2 letters from parking eye this morning, one to categorically reject my invalid invoice to them and another to cancel the parking 'fine'. Many thanks and a job well done! :T