Welcome Break South Mimms Services

StevoD

My question for the clued up members here is whether the following appeal template is still valid (found on an older MSE thread):

Dear Parking Eye,

As the registered keeper of REGISTRATION I'm in receipt of your parking invoice XXXX dated XX/XX/XX. I invoke your appeals process as all liability to your company is denied on the following grounds:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a popla verification code.

Faithfully

Many thanks in advance for your help.

Redx

the only thread you should be reading and following at the moment is the NEWBIES FAQ sticky thread near the top of this forum

it has the latest template you require for this, in blue text

in your later popla appeal, clause #13 of the BPA CoP , Grace Periods, will feature, as PE monitor time on site, not parking time, other factors will also apply in that later popla appeal too

do not use the words "me,myself or I"

your narrative above should be that the driver met his mum , blah blah

so edit it and keep this all in the third party in future

no admissions at all as to who was driving, or do you not think that Parking companies can read this site and gather evidence and screenshots ?

a landowner cancellation is also your best bet, but appeal anyway

StevoD

Thank you, RedX.

Redx

ok , so edit post #1 because at the moment it looks like a witness statement for Parking Eye

StevoD

Done! Hope that's OK. :eek:

Coupon-mad

I think South Mimms is a service area where if you email the Facilities or Finance Manager and say you were a genuine customer, they might just cancel this early doors. Some do, some don't but I think this one might, from memory.

Google 'Welcome Break South Mimms' and there will be an email contact given on the resulting webpage.

Don't word it as an appeal in this contact to WB. Tell them you are complaining about this harassment by ParkingEye and inform them that you do not allow this complaint to be forwarded to the parking operator; instead you were requiring that their Manager will use discretion to cancel the charge, especially as PE sue thousands of victims every year.

If the car broke down says so (to PE as well as South Mimms).

If the driver fell asleep or rested a little too long, say so to South Mimms and point out that's what the UK Public understand services are for.

If it was night and no signs were seen by the driver in the dark, say so to both parties.

Be careful not to say 'me/I' about the driver! Third person. Do not name nor imply who was driving.

Was the Notice received within 15 days of the parking event? Does it mention keeper liability/the POFA 2012 in the paragraphs on the front?

StevoD

Thanks, Coupon Mad.

Will try to contact the facilities manager.

The front page does reference 2012 Protection of Freedom Acts and Schedule 4 of that act, which I guess relates to registered keeper liability. And, yes, it was received with 15 days.

Thanks for the caution on using third person and not naming the driver of the vehicle at the time.

System

Email is Mimms.enquiry@welcomebreak.co.uk

StevoD

I've now heard back from ParkingEye, but they have not forwarded me a POPLA number.

Instead, they have written for "further information".

Their letter is factually incorrect regarding comments it claims I have made about not being the driver. I sent them the template RedX pointed me to on this forum, which states simply, "There will be no admission as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge." Their letter responds by saying "You have stated you were not the driver of the vehicle..." and goes on to then cite the POFA 2012 that the "driver of the vehicle is required to pay the charge in full".

After more mumbo jumbo, it concludes that I have 28 days to pay "as registered keeper of the vehicle", after which "an appeal may well be rejected and a POLA code provided". That seems to be the key sentence in the letter.

I expect that this is just a standard response to any appeal letter that they receive, but rather than assume that I should just wait it out and expect a POPLA code to arrive in 28 days, I thought I would ask the experts here whether I should respond.

Herzlos

That's pretty standard; they're hoping you'll reply and name the driver. Just ignore it and they'll send you a POPLA code, where you can hopefully get it cancelled.

How did you get on with the facilities manager at the services?

StevoD

I tried, but the person I spoke to on the phone said only that I would have to speak to ParkingEye.

In fact, she made a snide comment about the fact that there are lots of signs about the two-hour limit, which immediately made me think that they don't really have much empathy for the occasional visitor like me and my family.