Parking charge notice by parking eye

adi0604

Hi,
Please can experts advise on the Parking charge notice just rec'd by Parking Eye.
Seems they have automatic cameras and the car has Arrival and Departure pic with 26mins over the allowed 2 Hour free parking at Wythenshawe Shopping Center in Manchester.

Parking Eye has forgotten that there was lot of road works going on the this road and most time it takes a long time to just find the parking spot.
The pictures is not of car parked just coming and going.

Parking charge amount due :£70 on the letter.

Please help avoid paying this huge charge for mere 30mins.

Thankyou

Ralph-y

start by reading this thread ....

https://forums.moneysavingexpert.com/discussion/4816822

whilst doing so ( it will take a day or so to sink in) go back to the shops you visited and complain !

make sure an receipts you have for shopping are kept safe for your first appeal to ParkinLie.....

Ralph:cool:

adi0604

Ralph-y wrote: »

start by reading this thread ....

https://forums.moneysavingexpert.com/discussion/4816822

whilst doing so ( it will take a day or so to sink in) go back to the shops you visited and complain !

make sure an receipts you have for shopping are kept safe for your first appeal to ParkinLie.....

Ralph:cool:

Thanks for this but this seems like a general guide, would this apply to Parking Eye? I am just they must have sent this kind of notice to many and it would help me if someone successfully got them to cancel it.

To appeal they have provided website : https://www.parkingeye.co.uk/appeal

The_Deep

Worth a read

http://parking-prankster.blogspot.co.uk/2014/04/transcript-donated-approved-judgment.html

adi0604

The_Deep wrote: »

Worth a read

http://parking-prankster.blogspot.co.uk/2014/04/transcript-donated-approved-judgment.html

Thanks but is this for court stage?

I am reading the newbie thread from coupon mad, so first step do I send below draft to Parking Eye's website appeal?

Please advise

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 extravagant and unconscionable when compared to local parking charges issued by the Council so cannot be 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 to deter.
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. 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'. 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.

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 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. Following the EU Consumer Rights Directive, express consent must be obtained for consumer contracts now - not implied consent. You have failed to meet these requirements and you did not serve the driver with the terms by durable medium.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

adi0604

Please can you help if I should just ignore as mentioned in this thread?

https://forums.moneysavingexpert.com/discussion/3371244

pogofish

adi0604 wrote: »

Please can you help if I should just ignore as mentioned in this thread?

https://forums.moneysavingexpert.com/discussion/3371244

Stop reading outdated pre-POFA threads.

You were pointed at the correct and most up to date info above - and your situation is absolutely no different to anyone else!

adi0604

pogofish wrote: »

Stop reading outdated pre-POFA threads.

You were pointed at the correct and most up to date info above - and your situation is absolutely no different to anyone else!

I have gone through the information but was searching how store receipts would help.

So please advise on my appeal draft as per my post # 5.
How do I incorporate the store receipts I have? Would these receipts help cancel this PCN?

Thankyou

bod1467

Store receipts can help because there's an undocumented process whereby receipts of £30 or more will tend to yield a PCN cancellation with Parking Eye.

If you DO have store receipts then I'd suggest the following tweak:

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 extravagant and unconscionable when compared to local parking charges issued by the Council so cannot be 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 to deter.
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.
f). The driver and passengers were customers of the store(s) at this location and made purchases on the day in question. Please find enclosed copies of receipts for purchases made.

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.

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 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 - 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. Following the EU Consumer Rights Directive, express consent must be obtained for consumer contracts now - not implied consent. You have failed to meet these requirements and you did not serve the driver with the terms by durable medium.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

You may note that I've dropped the "rant" paragraph, and added point f.

Herzlos

Parking Eye will generally cancel an invoice if you prove that over a certain threshold was spent in the stores (I think it's normally around £30).

Stick a line in the appeal that "the driver" was a genuine customer of the site, spending £xyz, redacted receipts attached.

I'd also reference the judgement about parking Vs finding spaces, and point out that since you are aware of roadwords in the area and an increased time spending enterring/exiting, you require proof that the vehicle in question was "parked" for more than the required time, and not just on the site.

They can't prove it, because they only use ANPR on the exits, but they'll probably reject it anyway and make you use it with POPLA.

Ralph-y

Have you complained to the stores you visited?

Ralph:cool: