ParkingEye appeal - tips for improvement welcome

cooltree123

Dear all, I have drafted a POPLA appeal against the recent speculative PCN from ParkingEye. Please could you give me some feedback as to whether this is a winner and how I can improve. Thanks in advance.

As the registered keeper of the vehicle registered (**** ***), I contest the Parking Charge (ref number **********) for which I received a notice for payment as the registered keeper of the vehicle. I appeal this alleged charge on the following grounds:

1) ParkingEye Ltd are a private company which do not own land on which the vehicle was allegedly parked. I submit that ParkingEye Ltd do not have the authority to issue tickets regarding the site specified in the Parking Charge Notice (PCN) exactly as ‘******’. ParkingEye Ltd failed to outline in their PCN any reason as to why they have as a private company any authority to charge a party related to activity on this land.
2) It is possible that the camera technology used to provide photographic evidence of entering and exiting the land in question is not accurate consistently. It is possible that the vehicle ******* did not park on the land specified as ‘******’, and that following the entry photograph the driver of the vehicle immediately directed the vehicle away from the land without parking. It is possible that the camera did not detect the vehicle on exit, and also did not detect the vehicle on a later entry. It is possible that during a second exit immediately after the second entry (without parking) the camera then registered the vehicle, falsely recording a parking time of 12 hours 30 mins. Even if this scenario is improbable, ParkingEye Ltd if it occurs infrequently then ParkingEye Ltd are issuing unfair parking ‘charges’ at least some of the time, and I contend that this alleged charge may be one of them.
3) I maintain that no valid contract has been formed between a driver of the vehicle and ParkingEye Ltd. The placement of signs outlining ‘terms and conditions’ does not constitute a contract between a driver and ParkingEye Ltd. For a contract to be valid there has to be a consideration from both parties. It is possible that however clear it is, the sign was not seen by the driver, for example if the driver was in a rush and was attending an emergency in the hospital site they may not have been attentive to the surrounding area. If the sign was not observed in a scenario such as this then it is entirely plausible that no consideration was given to any contract between the driver and ParkingEye Ltd, and therefore any alleged contract is not valid.
4) Even if a valid contract has been formed between ParkingEye Ltd and the driver of the vehicle, any charge for breaking said contract must reflect an accurate pre-estimate of loss. I submit that if such alleged parking, purported to be for 12 hours and 30 mins, took place, then this would cause a loss to ParkingEye Ltd for far less than the £70 demanded. The landowner has not specified and damage to property or loss related to business activity as a result of this alleged parking event. As the landowner specifies no rate for parking in this area, it is therefore reasonable to accept that the cost to the landowner from this alleged event is therefore zero. I have been given no breakdown of costs incurred by ParkingEye Ltd themselves, in order to show how the charge was formed. It seems implausible that the costs of postage and labour to correspond with me as the registered keeper can reasonably be shown to be £70.

Regards,
*************

Fruitcake

Before you do anything else, remove your vehicle reg number! Parking companies monitor this site.


You have not received a fine, you have got a speculative invoice.


Have you read the Sticky thread for NEWBIES that contains a section entitled, "How to Win at POPLA? There is a tried and tested format to beat parking lie in said NEWBIES thread.

cooltree123

Thanks for your help, missed that incorrect information in the early hours of the morning. I have read the sticky and a good number of the recent POPLA decisions and attempted to adapted the points to my situation as advised. However I realize my terminology is very different to some of your templates. Do you think I would be better off going with more of the generic text from the forum threads?