Bury, Manchester - Moorgate Retail Park

VT_K

Hi,

I've just got back from holiday to two letters from ParkingEye. I'm sure things like this are annoying but I was wondering if the many experts here could help? It's the first time I've ever received an 'invoice' like this.

The first is a parking charge notice stating that I owe £60 to be made by tomorrow for overstaying 16 minutes. The car park is free for two hours. The second letter is a parking charge notice reminder that the money is outstanding and if I don't pay the amount will increase to £100.

I've read through the Newbies thread and other similar cases, but can't determine how the Beavis case ruling affects my circumstance.

I wasn't even aware I'd overstayed. I don't have receipts to show I purchased anything, so am at a disadvantage. I feel I should just pay the £60 because of my circumstances and I'd much rather pay sixty than a hundred, but the numerous users certain that you don't have to has deterred me slightly. I've gathered I need to appeal and have drafted the response below. Please could someone check and let me know if anything needs to be added/removed or if they have any other advice. There are plenty of signs in the car park, stating a two hour free stay subject to terms and conditions. The terms and conditions are at such a height and writing that they cannot be read unless you’re 8 foot! There's no machines as far as I'm aware to pay if you stay extra. One of the signs has been cut off so states the charges will be £1, quite ironic.

Also, even though the 14 day period ends tomorrow, would you advise to email the landowner anyway? If so, do I just iterate that I am a regular user; disappointed/angry in this situation currently; if they can cancel the charge and that I will tell family etc to not use?

I should also add that they have referenced to the Beavis case in both letters, with second stating "In April 2015"... when the decision was made this week?! Have I got stuff mixed up?

Many thanks in advance!


Date: 24th July 2015

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.
f) There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to appear as a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so 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 and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,
Name of keeper
Address of keeper

Redx

you should use the template letter "as is" on the PE website , and appeal it

there is no "BEAVIS ruling" to affect you , not until about october this year, seeing as he was in the Supreme Court yesterday and the decision isnt expected until october or november 2015

his case was on a 2 hour car park with no machines to allow payment for extra time, although they pay the landowner for using the site there, maybe not your landowner though, but similar circumstances

you should ALWAYS complain to the landowner and insist on a cancellation, that goes without saying, receipts or no receipts

by the way, yes you have got "stuff mixed up"

the april decision was in response to his Court of Appeal , appeal , in feb 2015 , yesterday was the Supreme Court appeal , a further appeal at a higher court with the decision expected before xmas

so he has been to court 3 times , county court , court of appeal , supreme court

VT_K

"as is" on the PE website? Maybe it's jetlag/arrogance/just general stupidity but I can't find any template letters on their website?

Thank-you, I'll get a letter written to the landowner.

Redx

you use the template letter (as is , as in NO CHANGES) from the newbies sticky thread , from here, on the PE website using their online appeals system, preferably attaching it as a word doc and saying "see attached appeal" , adding the pcn number and any other personal details

you copied and pasted this template letter (as is) in your post above, in blue, so I assumed you knew what it was

VT_K

Ohh! The above is from the sticky?

Redx

correct , lol

that IS the template letter of appeal

VT_K

I'm with you now. Just wanted to check that it was suitable to appeal using that.

I'll go do it now.

The_Deep

Did you spend ages searching for a space, of course you did, read this

http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

VT_K

That's another issue I had.. surely the ANPR cameras are useless, since they note the time a car entered/left as opposed to parked!

Redx

is correct, but never seems to bother these companies , it was a point of debate in last thursdays supreme court appeal case too