ParkingEye PCN Appeal win

The_Druids

Having recently received a PCN from ParkingEye, I submitted the following letter (online) - with a little bit of assistance from this site:):

I am challenging 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 is 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 on XX XXXXXXX 2014, 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.


Within days, I subsequently received this reply via email:


[FONT=&quot]Reference:[/FONT][FONT=&quot] Parking Charge Notice – XXXXXXXXX/XXXX[/FONT]
[FONT=&quot]Dear Sir / Madam,[/FONT]
[FONT=&quot]We refer to the Parking Charge incurred on XX XXXXXXXX 2014 at XX:XX:XX, at XXXXX XXXX car park.[/FONT]
[FONT=&quot]We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account.[/FONT]
[FONT=&quot]Kind Regards,[/FONT]
[FONT=&quot]ParkingEye Team[/FONT]

Many thanks for the advice offered here. Also a personal note to say that I was originally minded to pay the charges, as I did overstay the time limit. However, for anyone else contemplating doing the same, just think about it briefly and read the logical arguments on this site.

Coupon-mad

Yay - lots of PPCs cancel when they see the forum appeal.

mcoyne1969

Same here, after sending off letter found on here I had PCN from Parking Eye cancelled. not that it matters but would be good tosee actual reason why it was cancelled.

The_Slithy_Tove

mcoyne1969 wrote: »

would be good tosee actual reason why it was cancelled.

That's easy. It's because they know they have no case, and they realise they are dealing with someone who will only cost them more money at POPLA, and they'll still not get a penny from you.

But they're not going to admit that, are they?

trisontana

The whole private parking "industry" is built on a pack of lies. Technically the only person who is owed money is the landowner and then only for any "loss" they have suffered. PPCs set up their businesses on the very rocky premise that the only way they can make money is if people break their made-up rules.