ParkingEye, Town Quay southampton

macro_man

hi all,

got myself caught out by PE on a monday evening!
ANPR wasnt there last time i went there...

I have read the stickies and also went over a thread for the same parking location :
forums.moneysavingexpert.com/showthread.php?t=4985403

i have drafted an appeal letter based on post#10 from the thread above.

any feedback would appreciated.
thanks,
macro_man





Dear Parking Eye.......


As the keeper of the car, I have received your parking invoice, thank you.
I wish to invoke your appeals process, since all liability to your company is denied on the following basis:
1. The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner.
2. Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract.
3. You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass.
4. Southampton Town Quay car park has no keeper liability - due to byelaws prevailing. ParkingEye Ltd. is aware of this issue following POPLA decision code 6060344057 specifically relating to Town Quay car park not being "Relevant Land".
I request that you issue your standard cancellation letter voiding all charges. Alternatively, if you choose to reject this appeal please do so in writing clearly addressing the following:

A. The legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.
B. If alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.
C. If alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
D. If alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

It is my intention to further a complain to the DVLA regarding ParkingEye if you continue to send standard Notice to Keeper letter following this ruling.

Please take formal note:
Any further unsupported, unsolicited invoice or letters not relating to the cancelation of charge/rejection of appeal, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further and you may be required to justify your actions in court.

If you reject my appeal and insist upon continuing on this path, I may claim my time spent on the matter at the rate of £18 per hour (an hourly rate to reflect actual financial loss set by the court). The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours sincerely ,

macro_man

bump
would really appreciate a 2nd pair of eyes on this.
thanks
m

Ralph-y

with the first appeal it is not critical what you write ParkingLie will not normally grant it ....... you need the code for POPLA which should come with the return failed appeal.

Did you do shopping with a related store ? if so the send any receipts PL will often cancel with such...

Ralph:cool:

Edna_Basher

For a short period towards the end of last year, ParkingEye were clearly concerned about getting into trouble claiming keeper liability on non-relevant land at the Town Quay; no mention of POFA 2012 was made on their Notices to Keeper.

However, their attitude has now changed and their Notices to Keeper for the Town Quay once again claim keeper liability under POFA 2012. They are now rejecting strong initial appeals, preferring to take the process as far as POPLA, rather than issuing their standard cancellation notices.

Bearing in mind that ParkingEye regularly trawl these Boards, they may have already seen your first post and concluded that the driver and keeper were one and the same. Therefore, if you still wish to rely upon the non-relevant land argument as an appeal point, you’d be wise to send a low-key initial appeal and keep your powder dry for POPLA.

I have a Town Quay appeal on the go at the moment (as keeper, rather than driver); it’s now at the POPLA stage and I have submitted a single point of appeal based on the "not relevant land" argument. It’ll be interesting to see if ParkingEye have the guts to submit any evidence and risk losing this argument - I'll have to wait a few more weeks to find out.