New parking fine from parking eye

choice4

Hi all
I have received another ticket from parking eye for Morrison supermarket again.
Should I ignore or appeals this one as I still have time before 28days.
At the moment I have a letter before action from parking eye at Morrison, which I have replied asking for some more info. Then today I received another one that is not related, if I send them a cheque of £5 do you think they would refuse if so I guess the best bet is to appeal the ticket in the first instance.
My only worry is that I am recently in contact with PE due to the letter before action, if I then appeal this new fine,can they log my name or car reg, and use it against me as a regular offender or should I ignore this new ticket, and wait till we finish dealing with the first one.
I have read the newbie sticky notes and is have seen the template appeal letter. But please can some help me with my concerns above
Thanks

Fruitcake

choice4 wrote: »

Hi all
I have received another ticket from parking eye for Morrison supermarket again.
Should I ignore or appeals this one as I still have time before 28days.
At the moment I have a letter before action from parking eye at Morrison, which I have replied asking for some more info. Then today I received another one that is not related, if I send them a cheque of £5 do you think they would refuse if so I guess the best bet is to appeal the ticket in the first instance.
My only worry is that I am recently in contact with PE due to the letter before action, if I then appeal this new fine,can they log my name or car reg, and use it against me as a regular offender or should I ignore this new ticket, and wait till we finish dealing with the first one.
I have read the newbie sticky notes and is have seen the template appeal letter. But please can some help me with my concerns above
Thanks

Read the Sticky thread for NEWBIES again that explains everything you need to know about these fake unenforceable invoices, especially the bit about, Do Not Ignore, Do Not Pay.


You need to appeal each ticket separately. Get reading and appealing pronto.

Redx

shame you didnt mention your actions in regards to getting Morrissons to cancel the charges , ie:- complaining to their head office

many people lose sight of this as they concentrate on PE and ignore complaining to the landowner themselves - so nip it in the bud with landowner complaints, especially if you have shopping receipts or bank statements

meanwhile, stop ignoring them and read up on what to do in that NEWBIES sticky thread

choice4

Thanks
I have complained to Morrison about the letter before action and also reply PE.
Now I want to appeal this new ticket
If i write the exact template letter i saw here and only add my address and the reference number would that be enough or do i need to be more specific about my own case in the letter.
I plan to write this

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.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,


{the registered keeper's name}

Redx

just use the template letter and add the name , address and pcn reference number etc, nothing more (or remove the rant part only)

if doing it online and its too big, use the attachment function and attach it, in the fill in box put "see attached appeal" with just the bare details only

choice4

The first notice was issued on 6th of Jan and the reminder on the 15th of Jan. I have written the appeal would post tomorrow, am I still ok to appeal or is it too late.

Redx

they have to receive it within 28 days

get a free certificate of posting at the PO

choice4

Well I heard back from parking eye, 2 letters in the same day, one saying I can not raise an invoice with them as I did not sign a contract with them (this is because I. Sent them the template letter attached to this post) and the 2nd letter was that my fine has been cancelled.
I think my fine was cancelled because I also wrote a letter to the CEO of Morrisson.
So if you get such ticket always write to the chief executive of the store and attach! a copy of the ticket, that would do it most of the time.

trisontana

Did they actually use the world "fine"?

choice4

The first letter was rejection of invalid invoice

And the 2nd letter that the parking charged incurred has now been cancelled and the is no outstanding payment due

Both letters dated the same day
So I guess case closed!

Nodding_Donkey

And make sure that you don't get the two confused. If they have cancelled one then the other one still needs to be dealt with.