quick Parking eye advise please help !

dave.giy2004

Hello, I have been ticketed for a visit to my doctors.

They way it works is you go to the doctors, add your car reg in the computer at reception and all is OK.
On the day i was ticketed (the doctors opens at 8am)
i arrived @ 7:41
i departed @ 8:19
in the time i was there the computer to add in your reg was down and the reception was not open, a the only person in the doctors was my doctor who saw me and then i left leaving my reg on a piece of paper at the unopened reception and downed machine.

my question is - am i OK to appeal on this ground ? reading in the forums does this fall in the same area as parking in a bay with a broken ticket machine ? hence i am liable ?

How should i respond ?

thanks Dave

dave.giy2004

Shall i add that into the template letter below
Date :28th march 2015


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,

Ralph-y

All of the above sounds good ..... but wait for further conformation


while doing so ....... have you been back to your doctors to complain? if not why not?

Ralph:cool:

dave.giy2004

no i have just received the notice.

It is a policlinic i have been going to

haroldwoodgpwalkin.co.uk

but i will call them monday now - thanks

dave.giy2004

how bad is this
nelft.nhs.uk/services/physiotherapy/havering

opening times are 8:30 10 mins after i left so how can i add into the computer.

Opening times

Monday to Friday: 8.30 am to 4.30 pm
Saturday and Sunday: closed


these people are scamers

The_Deep

Personally, I would not bother, just tell them what you have told us.

If they are daft enough not to cancel appeal it to PoPLA on the facts. If Popla are daft enough to disallow it, put it to a judge. There can surely be no contract as they did not put in place the means for you to agree to it.


What sort of a surgery employs these weasels anyway, complain like mad to the partnership and if they have a feedback page, write rude things on it. Kick '!!!!.

dave.giy2004

So you think no letter - just the facts ?

The_Deep

Well, I believe in the Justice system and, unlike some here, that Judges are not fools. PE will try to bully you, and often take people to court, they lie, they produce false statements, they hide contracts, they try every dirty trick in the book, but they hate losing, and I very much doubt if any judge in the land would find against you in the circumstances you describe.

However, confrontation is not for everyone, and it would be perfectly understandable if you sent them the load of old tosh you have posted here, it will win anyway.

JonnyRotten

dave.giy2004

Try to see the Practice manager to have the Practice resolve this before you engage with ParkingEye Ltd.

If that does not work, write a well crafted formal letter of complaint to the Head of the Practice, as soon as possible, asking for the Practice to have the PCN cancelled, giving your reasons.

Once that has not worked then you are into the PCN timeline and the advice in the NEWBIES thread and on the Parking Prankster's website is vital. Follow it to the T.

ParkingEye will take you to court if you miss the deadlines on their junk mail. Then all the advice from the PP's two guides, one free, one paid for, just might save you a shed load.

Good luck

Very JonnyRotten

Redx

do not admit to who was driving to PE, so none of this "me,myself and I" business

send the template letter as KEEPER

add an extra point that the driver had a legitimate appointment with the surgery and that the driver was therefore parked correctly and as per the rules on surgery attendance, but that due to the time the reception area was unmanned

also complain to the practice manager and demand the charge is cancelled (as well as the PE appeal)

dave.giy2004

called the practice this morning - they said i just have to appeal so i will use the template with additional details on there and let you know how it goes.

thanks guys