ParkingEye PCN - identified as driver

CH_7

Hi all,

I recently received a PCN from ParkingEye, due to overstaying by a few minutes in my local Morrisons car park. Morrisons say it's out of their hands now and it's now down to me to appeal to PE.

Trouble is, this was done in my company car. PE originally sent a letter demanding the parking charge from my employers, who contacted them and identified me as the driver, so I've now received a letter to my home address.

My question is, do I just go ahead and take the usual approach of making an appeal to PE, then submit my full appeal to POPLA once they refuse? I'm wondering this, as I'm sure I read a while back that it's harder to appeal as the 'driver' rather than the 'keeper'.

Thanks all

http://oi58.tinypic.com/3004300.jpg

Redx

yes, but you cannot use POFA 2012 or hide behind it , so have to appeal as keeper

(I would have thought the hire co identified you as keeper, I could have been driving so I doubt they identified the driver as they cannot know who the driver actually was !)

alter the template appeal (if necessary) and use it as keeper , which is what you are

then its a popla appeal if they dont cancel

all explained in the newbies sticky thread

Morrisons are talking rubbish , complain to their head office

ps:- that picture doesnt identify you as driver, in fact they ask for the driver to appeal it, meaning they are phishing for the driver as NOBODY but you knows who the driver actually was

CH_7

To be honest I never thought about it that way.

I thought my employers would be considered the 'keepers', and by telling them to send the charge to me had identified me as the driver.

Going to put a quick 'soft' appeal together to send off to PE.

Redx

nope, only you can know who was driving the car

it could have been me or coupon-mad driving your car , with or without your permission

your employer or hire company are the REGISTERED KEEPERS, , meaning their name is on the V5C

it is leant out to you (or hired to you) , so you are the actual KEEPER or HIRER of the vehicle, its in your "custody" and you are the "custodian"

you have assumed that you have been identified as the driver , you havent BEEN unless you admitted it (which is what they would like you to do)

so you appeal as keeper , but cannot use the extra protections afforded by POFA 2012

CH_7

Will send this off shortly.

Dear ParkingEye,

As the keeper of xxx, I am in receipt of your parking invoice (ref no. xxx) dated xxx. I wish to invoke your appeals process, and submit that all liability to your company is denied on the following points;

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner.
2) Your signage does not comply with the BPA Code of Practice.
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass.

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, as well as your full unredacted contract with the landowner.

If you decide to reject this appeal, I must inform you that I may claim expenses from you. These expenses will include legal fees and travel expenses amongst other items. By continuing to pursue me, you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or a POPLA verification code.

Yours faithfully,

Redx

when you say "send this off" , you do know you can appeal ONLINE at their website ?

If you have shopping receipts or bank statements for that day, suitable redact and scan them and attach them with your appeal, saying an occupant of the vehicle was shopping in store and receipts and proof are attached

bear in mi9nd that the last part of your appeal will generate a rebuttal from PE saying they dont accept that part of your appeal

they have 35 days to give you a response to your appeal (14 days to acknowledge, 35 days to respond)

assuming you have receipts or bank statements, you should also be complaining to dalton philips or his replacement at head office too , this is not how genuine customers should be treated and is one reason they are losing market share

CH_7

Morrisons won't do anything as the PCN has taken over 2 months to come through, so my receipt is long gone. I usually pay cash so no bank statement either.

Yes I'll be submitting online, may just take the part about claiming expenses out then, not really needed. Thanks

Redx

so you are telling me that you have a letter from morrissons head office saying they wont deal with it ? from dalton philips or the lady that manages their customer service section at that head office (cant remember her name) ?

ManxRed

Morrisons could do something if they wanted to. However it seems clear that they don't want to.

Tells you all you need to know about how much they value your custom.

CH_7

I've only spoken to customer services my local branch, haven't made contact with the head office.

ManxRed

Get in touch with head office. The local managers are pathological liars at the best of times. They just want you to go away.