Moorgate Retail Park (again)

VT_K

Hi,

I received a "Parking Charge Notice" from ParkingEye for parking at Moorgate, Bury. I got one from here last year and you were very helpful in the appeals process, so I'm hoping you'll be able to help again! You're allowed to stay 2 hours, I stupidly thought none of it was being enforced due to ParkingEye apparently going bankrupt and parked here for just over 5 hours. I don't have any receipts to prove I shopped (nor would they justify a 5 hour stay). I was wondering if it's worth appealing (having read recent threads, it looks like it is?) and if the below is okay to send?

I feel like I should contact the landowner, but don't particularly know what to say for the fine to be cancelled, particularly when I got one here last year..


Date

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

neilmcl

Wrong forum, this should be in the Parking forum, or better yet, if it's the same issue as your other thread then why not just update that one.

VT_K

ooops! Sorry, moved it!

GothicStirling

I think this puts you in with a chance of a Darwin Award.

arcon5

Here's an idea... If it's private property follow the rules or buy your own bit of land to park on. Otherwise good luck and see you next year

VT_K

Wow.. hope you're having a good Saturday night!

wgl2014

Op - for constructive advice head over to pepipoo and post on there.

arcon5

Prevention is better than the cure. I'd say that was constructive. Just as constructive as helping op get cancelled a ticket she deserves

VT_K

Thank-you wgl2014, I'll check it out!