Parking eye: Odeon Southampton Leisure world

gococci

Hi all newbie here,
I didn't want to hijack anyone's thread but wish to ask advice regarding my via mail fine for parking without entering my registration plate number in the Odeon Cinema.
I was a patron of the cinema at that time (went to see the new star wars), i was accompanied by two friends (one of whom paid for the tickets.)
In terms of proof of this i have an email sent by odeon confirming our tickets for that day sent to my friend (we booked in advance.)
With that in mind, how does this letter look in terms of a first appeal to parking eye

To whom it may concern,

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) I was a patron of the complex using your services at the time of the offence

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 mimic 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,

beamerguy

gococci wrote: »

Hi all newbie here,
I didn't want to hijack anyone's thread but wish to ask advice regarding my via mail fine for parking without entering my registration plate number in the Odeon Cinema.
I was a patron of the cinema at that time (went to see the new star wars), i was accompanied by two friends (one of whom paid for the tickets.)
In terms of proof of this i have an email sent by odeon confirming our tickets for that day sent to my friend (we booked in advance.)
With that in mind, how does this letter look in terms of a first appeal to parking eye

Someone else will be along to advise you of your appeal.

Have you complained to Odeon as you were a patron. Was it made very clear that you had to enter your registration within the cinema, were you even asked to enter your reg number by the Odeon staff ?

Complain to the CEO and request the ticket is cancelled as you were a patron, enclose a copy of the email. Maybe ask him why he would expect you, your friends and family to frequent the cinema again

Odeon Cinemas

Mr Paul Donovan Chief Executive

Email pdonovan@odeonuk.com

Redx

I have some issues with f)

1) its not an "offence" , its a perceived breaking of a rule and no loss was incurred

2) it can imply you were the driver , so I would be less explicit about it and more ambiguous

lastly, I would be complaining to the landowner and cinema like mad insisting on a cancellation- as well as putting in the online appeal to PE on their website

The_Deep

I would remove everything from "Drop Hands Offer" it will not fly. and marks you out as knowing little about the rules of the game.

salmosalaris

Dear PE
Re PCN xxxx
I am registered keeper of vehicle xxxx and have received the above demand . I was a customer of Odeon Cinema at the time ( copies of receipts enclosed) and consequently tbe car park was used for the purpose intended . There really is no justification for this charge which is clearly an unenforceable penalty .
I invite you to either
a)accept this challenge and cancel your charge
or
reject my challenge and issue a POPLA verification charge at the same time as no further communication will be entered into

Yours
Gonococcus

Return when you have a cancellation or POPLA code

gococci

I've just been informed by my friend. that we have no copy of the receipts and the confirmation email has been deleted. We essentially have no proof we were there at that time for any purpose.

I will send an email of complaint to odeon's chief exec (thank you so much for posting that), i was not asked to enter my reg number by any member of staff (there were barely any there, the star wars showing was at 0730 on a saturday morning.) I am not able to get in touch with the odeon in southampton directly (automated phoneline) so i'm considering going to discuss the matter with their manager in person tommorow.

With regards to my letter. I am not the registered keeper of this car but i am a named driver. However am i right in thinking that there is no way of them knowing who was driving the car in question at the time of the fine?
Another user found this interesting Southampton port by law
sorry for this format but as i new user i can't post links
forums.moneysavingexpert.com/showthread.php?t=4995553
"Town Quay, Southampton fails to meet the definition of 'relevant land' under the Protection of Freedoms Act 2012 (POFA) that might otherwise have enabled the you to pursue this matter with myself (the registered keeper).You have issued a defective Notice citing an Act which does not apply at this particular site, to attempt to claim an unenforceable charge from the keeper (myself).

"Indeed, and as you are already fully aware, no keeper liability can apply at all, due to the Associated British Ports' Southampton Harbour Byelaws 2003, which can be found at southamptonvts.co.uk/Port_Information/Regulations/Byelaws(the byelaws), taking precedence and rendering this land outwith POFA and outwith 'registered keeper liability'. I refer you to the map at page 20 of the byelaws, evidencing that Town Quay is an area to which the byelaws apply."

is this something i should add to my appeal letter after making the changes you guys suggested?

Many thanks

gococci

Marktheshark

I do hope you are now aware of this company and in future avoid spending your money at any firm that thinks letting them treat paying customers in this way is a good idea.
The advice to avoid PE car parks is the current advice to save money.
Hopefully you will beat this at popla, but fail to follow the avoid advice and it wont be the last you hear from them, make sure all friends and all families know about this as well.
Using a car park this firm operate in is just not worth the risk.

Redx

gococci wrote: »

With regards to my letter. I am not the registered keeper of this car but i am a named driver. However am i right in thinking that there is no way of them knowing who was driving the car in question at the time of the fine?


gococci

its not a fine , its an invoice (which fool said its a "fine" ?)

as for your statement above, this is at odds with what you posted in the first post

if this is true, then YOU did not receive this pcn (invoice), the RK did after PE got THEIR details from the DVLA

therefore, get the RK to appeal using the one provided by salmosalaris above on the PE website (use the online appeal on their website, as keeper, not driver)

the RK are the ones who received this postal invoice, so THEY are the ones who opened the mail and THEY are the ones who should be appealing it

ie:- the pcn is a Notice To Keeper , an NTK, not a notice to somebody who knows the RK or addressed to somebody other than the RK

no they dont know who was driving, so keep it that way, keep them in the dark