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Parking Eye Invoice at Macclesfield Hospital

Hi

This is my first post to the forum so apologies if I break any protocols.

I got here as I think I may be due an “invoice” from the Parking Administrators at Liverpool airport when I pulled up on the "red Lines" to read their sign - only stopped for about 10 seconds and then noticed the van with the cameras. May not get one but given their diligence in catching other unfortunates who subsequently post on here I am not optimistic. One thing I did find out from somewhere in the Liverpool airport forum relates to Contract Hire Cars. My company car is one such car but the "registered keeper" is the Contract Hire Company". Read somewhere that these Companies often pay the fine and recharge which I think would then significantly affect the appeal. Sent off an email to the Hire Company to inform them that they may get such an invoice and that under no circumstances were they to pay it. Advised them that they could inform the Parking Company that my company is the "keeper" and that if they decide to pay it they will not be recovering it from me. Just thought I would share this with your Forum users as its vital that you contact your Contract Hire Company in these circumstances.

Anyway onto the reason for posting.....


Before anyone advises that I have done the wrong thing, I know I have as I only discovered what I should have done from my investigations above. I am now where I am :((

My wife (a nurse and Health Visitor) received an invoice from Parking Lie at Mac Hospital for non-payment of the parking charge. The reason for non-payment is that she had no cash as was going to pay by mobile payment. However the signal at the Hospital is very poor to non-existent (well documented). She managed to send off her registration number by text, got a reply but was then unable to complete the payment. She tried during the course of her meeting to make the payment (witnessed several others and by her manager who got a little irritated) but was unable to do so and for some reason didn’t make payment when she got to an area of better mobile signal.

Received the predictable invoice which, on her behalf I appealed against (I know, I know – appealing to their better nature was never going to work) and the appeal has now, predictably, been rejected. During the course of this appeal I have revealed that she is the driver. I only appealed on the basis of not being able to pay because of poor mobile coverage and nothing else. I have received a POPLA code with their latest appeal rejection and I know from reading these forums that I have to get the next bit correct.


My question is, do I put in as the appeal, the standard letter regarding pre-estimate of loss etc. and does it matter that I have not made mention of this so far with Parking Lie and do I do it as the registered keeper (or have I lost that one now). And should she write to the hospital administrators asking them to cancel it?
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Comments

  • abps
    abps Posts: 9 Forumite
    Hi All,
    I have had a good read of peoples experiences with these cowboys and I am ready to fight my PCN.
    I parked on private land next to the Metrolink station in Manchester. There is a sign which reads 'free parking for Metrolink customers' Of which I was one. I have lept my ticket for the Metrolink. What you can obviously see, is that if the vehicle is left out of Metrolink running times, Care-Parking slap the PCN on you!
    So, I have read the processes involved for the challenge but I wanted a little advice.
    I have visited the Care-parking website, where there are 4 photos of my vehicle. They have literally taken the car and nothing else. The photographs could have been taken anywhere and there are no Metrolonk signs or anything to suggest it was on their land.

    So before I kick the process of appeal off - should I challenge them to at first prove my vehicle was on their land? I've no doubt they will be able to do this but if they cant, surely it flops at the first hurdle? 4 Photos of my car is all they have on the site.

    Any help would be greatly appreciated. Sincerely,
    Ant.
  • Herzlos
    Herzlos Posts: 16,064 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Appeal to POPLA with the standard template text from the newbies thread; mitigation won't work as they are only interested in the law (and certain keywords like Genuine Pre-Estimate Of Loss).

    At the same time, she should be demanding the hospital cancel the ticket. They'll say they can't, but they can.

    If your previous appeal only mentioned keeper and not the driver then you can include the section about Parking Eye not conforming to the POFA requirements so there's no keeper liability.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    @abps - please start your own thread.
  • abps
    abps Posts: 9 Forumite
    Sorry, thank you.
  • dga1965
    dga1965 Posts: 39 Forumite
    Herzlos wrote: »
    Appeal to POPLA with the standard template text from the newbies thread; mitigation won't work as they are only interested in the law (and certain keywords like Genuine Pre-Estimate Of Loss).

    At the same time, she should be demanding the hospital cancel the ticket. They'll say they can't, but they can.

    If your previous appeal only mentioned keeper and not the driver then you can include the section about Parking Eye not conforming to the POFA requirements so there's no keeper liability.


    Thanks Herzlos, - in the first and second appeals to Parking Lie phrases such as "i tried to pay" etc has confirmed her as the driver. Hence the question as to whether she has now lost that avenue of defense? So I guess I will leave out your final paragraph as you suggest.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    do it without POFA references if the appeal is as a driver

    ideally it would have been left in as a keeper or Registered Keeper appeal, but once a driver is outed then POFA no longer applies

    not a gpeol , no contract , poor signage , anpr calibration etc are left in the popla appeal

    plus definitely complain to the landowner for a landowner cancellation too
  • dga1965
    dga1965 Posts: 39 Forumite
    Thanks Redx. Am I ok to post my suggested response here for comment? And should I be using the Parking Eye template letter as suggested by Herzlos as the comment at the top of that thread suggests


    "template is OK but a little old now and relies too heavily on BPA CoP breaches and Sharma/Gardam cases, none of which win at POPLA in their own right"


    Can I ask what OP means. Usually quite good at working these out but this ones stumped me!!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I am not going to comment on what others say

    all I will say is the template letter is good enough for an initial appeal to PE (and to any other parking company), the one posted in post #1 of the NEWBIES sticky thread

    for popla appeals, post #3 of that NEWBIES sticky thread has a link to good popla appeals for many companies including parking eye

    so all you would do is adapt one of the PE ones and remove POFA references until it fits what you wish to appeal with


    ie:- the template letter is NOT USED for a popla appeal, there are no template letters for popla appeals (nor IAS appeals either)

    as you already have a popla code, follow post #3 of the NEWBIES thread
  • dga1965
    dga1965 Posts: 39 Forumite
    thanks again Redx. I am getting a little confused. Sorry!


    I am now at the POPLA appeal stage. Followed the advice as you have given ie #3. Then clicked on "How to win at POPLA" and arrived here at the list of template POPLA appeal templates.


    which is where I found the template letter with the wording above stating "ok but a little old etc".


    Guess I will post up the suggested wording (unless that is what you meant by not commenting on what others say)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    not only are you confused, you havent read what I have written

    those are not templates, , I cannot make this any clearer

    NOT A TEMPLATE

    they are EXAMPLES of appeals that were sent to popla by those who started the threads

    you will base your popla appeal on those appeals, by finding the closest match , copying and pasting into word or wordpad or notepad and you will then adapt it until it suits YOUR circumstances and appeal points

    I did tell you there are no template appeals for either popla or the IAS

    they are guides (examples) of what a popla appeal looks like, what they may contain and what words may be used

    its your task to make one fit by adapting it yourself

    so EXAMPLES, not TEMPLATES (there are none)

    now you need to copy and paste one into word , adapt it, then post it on here (minus personal identifying info) if you want it checking for silly mistakes etc (happens all the time)

    you cannot do all this work using templates, which is why we only have one template, the one in post #1 that goes to the PPC , there are none for anyone else !

    good luck
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