Parking Eye Legalese

Quentin

pilotc182 wrote: »

BTW: The alleged 'offence' took place on the 3/5 - but although their 'Notice' is dated 10/5, I didn't receive anything until 20/5 - outside the 14 days notification period. Any mileage there ?

Not really

Coupon-mad

Glad to see you didn't say who was driving, as long as you didn't choose 'driver' on the drop-down menu when appealing. Just wait for a rejection letter.

You CAN certainly find the 'sticky' threads permanently shown at the top of this parking sub-forum and we won't link them because that doesn't help you find your way around.

pilotc182

Thank you Coupon-Mad, but been looking on & off all day but I can't see, nor does 'search' lead me to, Newby Stickies - other than highlighting the word in this thread :-(

Coupon-mad

Riiiiight...I know I view this forum in the old-style pale green/white (rather than the garish new blue) so maybe I don't see what you see.

But go to the breadcrumb trail at the top of this forum (the tiny blue writing along the top of this page, split by > inbetween headers) and click on the name of the forum on the right: 'Parking Tickets, Fines & Parking'. All forums have a 'breadcrumb trail' I believe.

The forum your thread sits on is ONE click away.

Home » Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking ...

I also see a 'forum jump' on the right (bottom and top of my page) in this view but I'm not sure you do, in the 'new blue/red' view.

You can also get to the first page of this sub-forum from the Motoring forum.

Still not linking the stickies! It's just a matter of looking at the the forum you posted on. To have clicked 'new thread' surely you must have been on page one at that point?

pilotc182

Right everyon, Mr thicko has found stickies :-)

Here is my draft response to PE - thoughts/comments/input welcomed please:

Dear Sirs

Re: PCN No. 222009/880603

I acknowledge receipt of your letter dated 31st May, which arrived yesterday (4/6)

I comment as follows:

There is no 'evidence', other than the driver reporting his difficulties to me, relating to the vehicular difficulties the driver encountered which he has put down to a quantity of poor quality fuel. The issue has not recurred since re-fueling.

In addition I note that although the alleged 'offence' occurred n the 3rd May, as stated in my previous letter, your PCN did not reach me until the 20th May, 17 days after the alleged offence. I am advised that 14 days is the required timespan for the receipt of such a notice, you failed to meet this criteria

I therefore challenge this 'PCN' as keeper of the car and I will complain vociferously to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

I repeat that there will be no admissions 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.

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

Yours faithfully,

Coupon-mad

Can you prove anything about the breakdown/fuel issues? If you can, PE might cancel. Do you know a friendly local Garage Owner who would put two lines on headed notepaper for you, confirming that the car was checked the next day and the breakdown issues were considered to be caused by a particular fuel...

PE will often cancel a PCN re a breakdown.

pilotc182

All, it appears I may not need the garage report.
I made a complaint to the manager of the hotel where this issue arose and he has undertaken to have the PCN rescinded :-)
Fingers x'd, this should be the end of the matter

Quentin

Make sure you get confirmation from the PPC that they have cancelled.


(Don't lose the opportunity of a POPLA appeal if you haven't had proper confirmation before your time for a POPLA appeal expires)