IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Tower Road, Newquay

Options
2456716

Comments

  • Parkrage
    Parkrage Posts: 147 Forumite
    I didn't actually read the printed ticket. I just put it onto my dashboard
  • Parkrage
    Parkrage Posts: 147 Forumite
    The Fake Parkin Notice reads, '"The signage which is clearly displayed at the entrance to and throughout the carpark, states that this is private land, the car park is managed by ParkingEye Ltd, that the maximum stay authorised is 0 hours 0 minutes, along with other terms an conditions of the car park by which those who parkin the car park agree to be bound."

    As I say, neither I nor my partner, saw any such notice, so they can't be that prominently displayed.
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You may have inadvertently mistyped a digit of your registration number, in which case the PE ANPR and computer will not recognise your car on the system - one digit out is more than enough.

    But if you further 'overstayed' by 15 minutes, PE will still pursue you even if you had (and their records showed) you'd paid for 4 hours. You therefore need to send off the initial appeal in the NEWBIES FAQ sticky.

    You need to send it 'as it is', don't try messing about with your 'story' as you're likely to make a bit of a mess of it, which won't help things in the longer run.

    You could add this as a final point though:
    Would you please check all inputted VRNs for xx/xx/xxxx (date of parking event) at xxxxxx (site of parking event). Given that the parking fee was most certainly paid, one can only conclude the driver had erroneously mistyped a digit of the VRN.

    See what that brings, but the main thing is to get this appeal off within the PE deadline, because if you miss that, you'll lose your one-off chance to appeal to POPLA (where you can kill off the PCN) and then you'll be back asking for help in dealing with debt collectors, or worse, court papers.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Parkrage
    Parkrage Posts: 147 Forumite
    I'm sure I didn't mistype the Reg No though. I was looking at my car as I typed it. Also doubt that I could've mis-typed it twice; bt I'll include a para as you advise :-)

    BTW I wasn't gong to 'mess with my story', but I don't understand what some of the points actually mean in the template, so was contemplating omitting them and just including 'disaproprtionate sum', and 'inadequate signage'.

    i.e. What is the difference between points(a) and (b) on the template?

    (a) 'The sum is disproportionate and does not represent ...' and
    (b) The sum is extravagant and unconscionable...'

    BTW. The Fake Parking Notice does not use the words 'Contract' so I was going to omit the para about 'Breach of CCRs' (unless 'contract' is hidden in their phrase, "The signage which is clearly displayed at the entrance to and throughout the carpark, states that this is private land, the car park is managed by ParkingEye Ltd, that the maximum stay authorised is 0 hours 0 minutes, along with other terms an conditions of the car park by which those who parking the car park agree to be bound."
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You also seem to be having difficulty in understanding what this means!
    You need to send it 'as it is',

    The initial appeal is a very carefully crafted form of words.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Parkrage
    Parkrage Posts: 147 Forumite
    "You also seem to be having difficulty in understanding what this means!"

    I agree, I don't. so I'll send it 'as is' as you so strongly advise; together with your suggested additional para.

    I'm just concerned that if they get deluged with 'identical' complaints containing bits that may not be relevant (as I said, the letter PE sent to me makes no mention of 'contract - unless it's hidden) it may work against us. :-/
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 June 2015 at 1:05PM
    By using the template they will know you are getting forum help and you won't be the low hanging fruit they would rather be picking.

    By using the template 'as is', you won't inadvertently put something in that might limit your options for appeal at POPLA later.

    After receipt PE will have up to 35 days to respond with either a cancellation or a rejection with a POPLA code. So that will give you plenty of time to research and understand what a POPLA appeal should look like.

    Here are a couple of links to help.

    How to win at POPLA:

    http://forums.moneysavingexpert.com/...1&postcount=15

    POPLA Decisions sticky: (read this from the most recent backwards - don't start from the first post as that is quite old now, and things have moved on since).

    http://forums.moneysavingexpert.com/....php?t=4488337
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Parkrage
    Parkrage Posts: 147 Forumite
    Once we challenge the fake PCN, does this extend the time taken when the Parking Company 'need' to receive their payment?
  • Parkrage
    Parkrage Posts: 147 Forumite
    As we have to be so careful as to how we phrase our Appeal/Challenge, is there any harm in writing it like this?:


    f) I believe that the charge levied is a penalty, and therefore invalid under POPLA.

    With respect to point (f) I take this opportunity to point out, and express my puzzlement, that your fake parking notice only has photographic evidence of the car entering and leaving the car park, and fails to mention that the Vehicle Registration Number was keyed into the parking machine and a fee was paid (twice!)

    Would you please check all inputted VRNs for <redacted> at Tower Road, Newquay.
    [FONT=&quot]Given that the parking fee was most certainly paid, one can only conclude the driver had erroneously mistyped a digit of the VRN.[/FONT][FONT=&quot]

    [/FONT]
  • Parkrage
    Parkrage Posts: 147 Forumite
    Well, point of no return. My challenge to the PCN has been sent, by 'snail mail' with a Certificate of Posting as Parking Eye's Server appears not to be working - as has been noted in another thread.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.