quick Parking eye advise please help !

dave.giy2004

website ony allows 3000 words so i added the appeal as a word doc ( ok ?)
well i added this in the doc -
Date: 28th march 2015
Dear Sirs
Re: PCN No. x
I challenge this 'PCN' as keeper of the car, on these main grounds:
a).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
The driver has used this carpark multiple times and has always entered registration details in the computer provided at reception in this specific case
On the day the driver was ticketed (the doctors opens at 8:30am)
the driver arrived @ 7:41
the driver departed @ 8:19
in the time the driver was there the computer to add in registration details was down and the reception was not open, a the only person in the doctors was the drivers doctor who saw the driver and then the driver left leaving registration details on a piece of paper at the unopened reception and downed machine.

Quote :
“
Opening times
Monday to Friday: 8.30 am to 4.30 pm
Saturday and Sunday: closed
Some appointments are offered between 8.00 am – 6.00 pm Monday to Friday.”

How do you expect the driver to follow your system ofentering registration details in the computer provided at reception if the practice, reception, parking computer is not opened or online ?

Note: the driver hasalso complained to the practice manager and demanded the charge is cancelled

b). 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.
c). 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.
d). There is no evidence that you have any proprietary interest in the land.
e). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
f). 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,

KEEPER

dave.giy2004

Success !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[FONT=&quot]
[/FONT]
[FONT=&quot]Reference:[/FONT][FONT=&quot] Parking Charge Notice - xxxxxxxxxxxx[/FONT]
[FONT=&quot]Dear Sir / Madam,[/FONT][FONT=&quot][/FONT]
[FONT=&quot]We refer to the Parking Charge incurred on 18 March 2015 at 08:19:46, at NHS ONEL Harold Wood Polyclinic car park.[/FONT]
[FONT=&quot]On this occasion as a gesture of goodwill we will be cancelling this charge.[/FONT]
[FONT=&quot]However, if future visits to this car park are made please register your vehicle by using the terminal located within the clinic.[/FONT]
[FONT=&quot]Kind Regards,[/FONT]
[FONT=&quot]ParkingEye Team[/FONT]

JonnyRotten

dave.giy2004

Good Job!!!!

That must be a relief?

Perhaps a discussion with the Practice Manager to ensure that if appointments are available before reception is opened that the PM does some management to ensure it is possible to register the vehicle iot avoid this in future.

best wishes

not so JonnyRotten today but still seething about PELtd

Marktheshark

Now complain to the Doctors they breached Patient Confidentiality by sending paper work addressed to the keeper of the car you were driving informing them the car was used to visit the doctors, this has lead to accusations and arguments with your partner.

You had a legal right to patient confidentiality and they have broken this by allowing a parking firm they employ to write to the registered keeper of the car informing them you, the driver was making a confidential visit to the doctors.

Castle

Marktheshark wrote: »

Now complain to the Doctors they breached Patient Confidentiality by sending paper work addressed to the keeper of the car you were driving informing them the car was used to visit the doctors, this has lead to accusations and arguments with your partner.

You had a legal right to patient confidentiality and they have broken this by allowing a parking firm they employ to write to the registered keeper of the car informing them you, the driver was making a confidential visit to the doctors.

Have a read of section 10 of the 1998 Data Protection Act in respect of "Right to prevent processing likely to cause damage or distress". Although they are some exemptions, these seem only to apply where the RK is the driver.

dave.giy2004

Castle wrote: »

Have a read of section 10 of the 1998 Data Protection Act in respect of "Right to prevent processing likely to cause damage or distress". Although they are some exemptions, these seem only to apply where the RK is the driver.

I think they just look it up in the number plate Database.

it is just cowboy itus .

they are vultures.

neil.net

dave.giy2004 wrote: »

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

That attitude alone deserves a complaint!

Fruitcake

neil.net wrote: »

That attitude alone deserves a complaint!

Absolutely! The practice caused the problem by employing these parasites. The practice are the principal in this and parking lie are their agents, therefore the practice are jointly responsible.


A strongly worded complaint that the practice cannot abrogate (luverly word that) their responsibility and duty of care to their patients is in order. They (the practice) need to understand the problems they are causing by employing a scam company.

enfield_freddy

get the system removed , your doctor is a pratt , what "could" have happened if this was a STD clinic ? divorce etc ,


they crack on about patient confidentiality , but are happy to allow a PRIVATE firm access to the cars registered keeper.


get swung into action , and make a formal complaint

Herzlos

dave.giy2004 wrote: »

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

They have the power to cancel it, so I'd include that in a formal complaint.

dave.giy2004 wrote: »

Success !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[FONT=&quot]
[/FONT]
[FONT=&quot]Reference:[/FONT][FONT=&quot] Parking Charge Notice - xxxxxxxxxxxx[/FONT]
[FONT=&quot]Dear Sir / Madam,[/FONT]
[FONT=&quot]We refer to the Parking Charge incurred on 18 March 2015 at 08:19:46, at NHS ONEL Harold Wood Polyclinic car park.[/FONT]
[FONT=&quot]On this occasion as a gesture of goodwill we will be cancelling this charge.[/FONT]
[FONT=&quot]However, if future visits to this car park are made please register your vehicle by using the terminal located within the clinic.[/FONT]
[FONT=&quot]Kind Regards,[/FONT]
[FONT=&quot]ParkingEye Team[/FONT]

That's nice of them, but the situation you were caught in is still unavoidable (you can't use the terminal if the clinic isn't open yet). So I'd include that in the above complaint, and press on them to get rid of the parking weasels.