Parking Eye fine

E63

Fruitcake wrote: »

Send a copy of the badge to both.


Pictures of the signs are useful in case parking lie don't cancel after your initial appeal.


What happened on the day is irrelevant and will get you nowhere, so no, you don't need to give a reason why you were waiting.


Remember, don't admit who was driving either to parking lie or to the hospital.

Hi how are you meant to word it when sending the blue badge pictures because if you say its a passenger then they will assume it wasn't the driver at the time wouldn't they?

E63

Umkomaas wrote: »

A 'bribe' to settle early, they're desparate to get their hands on your cash as quickly as possible. Ignore their early bird discount, you're going to be paying nowt by the time we've help you deal with this. It's now quite easy with PE - as long as you don't miss their deadlines and you don't simply ignore things.

1. You need to have a read of the NEWBIES FAQ sticky .
2. Copy the initial appeal template and paste it into the PE online appeal portal. You're only allowed to use 3,000 characters so you will need to chop out some of the 'rant' elements.
3. Add a paragraph that you are a blue badge holder and have 'protected characteristics' as described in the Equality Act 2010 and are in need of an adjustment in time to go about your health appointment at the hospital.

That should secure you a cancellation; PE are cancelling as soon as receiving that appeal template.

But don't miss that 28 day deadline.

HTH

About mentioning the blue badge are you meant to word it as the person being a passenger cause then won't they
assume it wasn't the driver at the time?

Redx

word it as if I was the driver, simple as that

ie:- I can drive your vehicle on my fully comp insurance, so it could have been me driving that day, parking the car there because the blue badge holder was with me at the time , so we made use of the spaces provided under the EA 2010 , nothing wrong with that, even though the BB is not relevant on private land , but the EA 2010 is

similar one here https://forums.moneysavingexpert.com/discussion/5049715

the protected person is not always the driver , my wife regularly drives me around and parks in the same spaces using my BB, which she is allowed to do even though I am the passenger , same applies if my brother or sister drives me there too (I am the protected person under the EA2010 , so it is my entitlement, even if I could no longer drive the car)

E63

How can you word it as the driver when the letter was sent to registered keeper?

Coupon-mad

Oh come on this is simple... 'the driver has a blue badge ' or 'an occupant of the car had a blue badge' anything like that.

E63

So just forward this to the PCN online, and then also where would it make sense to mention

'An occupant of the car had a blue badge and evidence of it is attached' (when using occupant does that mean it could also be the driver)

Shall i mention the Equality Act 2010 or the disabillity act?



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.

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.

Redx

there is no disability act any more, its all incorporated in the EA 2010

just mention an occupant of the car had a BB and evidence is attached so under the BPA guidelines they should cancel the charge , otherwise a counter claim may be brought under the Equality Act 2010

E63

Redx wrote: »

there is no disability act any more, its all incorporated in the EA 2010

just mention an occupant of the car had a BB and evidence is attached so under the BPA guidelines they should cancel the charge , otherwise a counter claim may be brought under the Equality Act 2010

Hi Redx,

Is it a similar sort of letter to send to the hospital.

Would i have to explain why i was at the hospital at all?

What if they ask why a disabled bay wasn't used. (signage isn't very clear at all)

Redx

E63 wrote: »

Hi Redx,

1) Is it a similar sort of letter to send to the hospital.

2) Would i have to explain why i was at the hospital at all?

3) What if they ask why a disabled bay wasn't used. (signage isn't very clear at all)

soooo many questions, you need to think about actually doing this

1) no , its a proper complaint, not an appeal

2) no , none of their business and is considered confidential when its medical related

3) the equality act 2010 counts here, not badges or bays , so you are excercising the rights under the law for the individual, so bays and signage dont come into it , as the law trumps any signage , they are entitled to use the bay, with or without a BB , by law

try reading this for inspiration https://forums.moneysavingexpert.com/discussion/5049715

also try reading the successful complaints sticky thread too , ie:- look for what is already here for inspiration, but I feel sure you have the ability to write letters, be that complaints or appeals (not the same thing)