PCN for parking in a hotel carpark at midnight

Novastrike

Hi there,

Firstly thanks to anyone that takes the time to help me!

On the 8th of Feb I parked in a Campanile car park opposite a night club at 23:38:27 pm returning two hours later. The car park was completely empty so I didn't think I was doing any harm and I didn't notice the signage.

Parking Eye recently issued me with a Parking Charge Notice for £100 which although apparently issued on the 19th didn't arrive at my address until the 27th. My research on the internet leads me to believe that they are suing for loss of income, however the car park was empty and the hotel is only £41 to stay for the entire night. This seems very disproportionate to me!

I'd really appreciate your opinions as to whether you think I have a case or if I should just pay up.

Many thank!

The_Slithy_Tove

Have you read the NEWBIES sticky thread at the top of this forum? If not, do so, and then come back with more specific questions.

OhhToria

I for one will be glad when everyone who has paid these extortionate car park fines is able to reclaim at put these guys out of work. £100 is absolutely absurd... unless you were parked across 2 and a bit parking spaces?

http://www.moneysavingexpert.com/reclaim/private-parking-tickets

Novastrike

No just the one.

If it had of been a reasonable amount then I would have paid it, however this in no way seems an accurate reflection of their loss!

Just reading through the Newbie sticky now. The suggested template seems a little harsh, does it work?

Thanks!

DoaM

You can drop the "rant" bit at the bottom if you wish, but no - it's not harsh. The PPC scammers are only interested in your money - they're not interested in being nice and civil.

And yes - for some PPCs it does work; for others it's just part of the "dance". Parking Eye sometimes cancel when they receive the template appeal.

ezerscrooge

Yes it works. Done it loads of times for different people. I use the one below as it comes in at just under the 3000 word appeal 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

DoaM

Change POPLA to IAS for IPC members.

(Information, Cancellation and Additional Payments Charges)

ezerscrooge

As per DoaM - I'd best be updating that text

:-))