Here I go again...

andylong42

I last year with the help of board members had a successful POPLA appeal against Excel at the dreaded Peel Centre.

My wife has just recieved a speculative invoice from Parking Eye at Crown Point, Ashton.

From what I can see, nothing has changed since my appeal. Am I safe to reuse the same appeal letters or should they be tailored?

Are Parking Eye any worse than Excel or are they all as toothless as each other?

Fruitcake

andylong42 wrote: »

I last year with the help of board members had a successful POPLA appeal against Excel at the dreaded Peel Centre.

My wife has just recieved a speculative invoice from Parking Eye at Crown Point, Ashton.

From what I can see, nothing has changed since my appeal. Am I safe to reuse the same appeal letters or should they be tailored?

Are Parking Eye any worse than Excel or are they all as toothless as each other?

Parking lie are about the worst bunch of scammers there is in the parking industry. Have a look at the Parking Prankster's blog to see the sort of thing they get up to. They will take anyone to court for the slightes infringement of their made up rules. They issue tens of thousands of tickets and rake in millions from court cases each year.

Use the template appeal in the Sticky thread for NEWBIES to get them seen off. Make sure you don't miss any appeal deadlines.

Ralph-y

Your wife needs to go back to the shops she visited / bought from and really complain ... big time!

Parking lie often back off if you can prove you where shopping .....

But it depends on circumstances and you have not said much

Ralph:cool:

Fruitcake

Ralph-y wrote: »

Your wife needs to go back to the shops she visited / bought from and really complain ... big time!

Parking lie often back off if you can prove you where shopping .....

But it depends on circumstances and you have not said much

Ralph:cool:

But do this in parallel to an appeal to parking lie, not instead, until you get a cancellation in writing from the landowner.

andylong42

Didn't think the circumstances really mattered, but it was outstaying the four hour free parking period. Any reason why I can't use the same appeal letters that worked last time?

Fruitcake

andylong42 wrote: »

Didn't think the circumstances really mattered, but it was outstaying the four hour free parking period. Any reason why I can't use the same appeal letters that worked last time?

As long as it has all the appeal points that are in the template appeal it should be fine. At the moment parking lie are caving in as soon as they see a forum assisted appeal because they know they will lose at PoPLA if they persist. However, all that may change after tomorrow's court of appeal case.

andylong42

Just read up on that case. Should I be worried or carry on as before?

Redx

its DENTON, not ashton , 4 hour free car park, and PE dont own the land and neither do the shops, complaining to the shops is likely to be as fruitless as the Peel Centre

a standard appeal and include shopping receipts usually produces a cancellation by PE, but if not you use the popla code to beat them at popla , with the standard arguments

how do I know ?

been there , done that with relatives of mine, plus advised to same to other people caught out there , proof of shopping usually produces a cancellation

the Beavis case wont produce a verdict until next month

andylong42

Can anyone confirm that the initial appeal that I used last year with Excel will work with Parking Eye:-

Dear Parking Eye,

As the driver of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

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 of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. 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 supply a popla code to appeal to them.

Faithfully

DoaM

You could. Or use the newer appeal template. (Take out the "rant" paragraph if you want - the one after point e).

ezerscrooge

Use this - works everytime. Not my own work of course - I just chopped it up to fit in PEs 3000 limit

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 Charges) 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 by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If I decide to use 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 Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament that express consent is obtained for consumer contracts - not implied consent - and that information is provided in a durable medium in advance

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

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