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

Redx

PE have not gone bankrupt !!

read the newbies sticky thread again , it has the correct appeal template in blue text

VT_K

I know that now

I've used the correct one now, sent it off.

VT_K

I've received a reply from them. They've quoted an incorrect reference number and mentioning:

"You have stated that you were not the driver of the vehicle at the time and date of the breach of conditions of the car park, but you have not indicated who was."

My letter didn't mention about who was driving. Is this a new thing ParkingEye have started?

Fruitcake

All parking companies want to know who was driving. Some just drop a hint by saying, you haven't said who it is, in the hope you will tell them.
Other companies downright lie and say that you must tell them.

Never tell them.

Did you get a PoPLA code?

VT_K

Not yet, it says if I don't provide the information, "the appeal may well be rejected and a POPLA code provided."

I don't know whether to leave it and wait for the POPLA code, or ignore since the reference code is wrong including the information in the letter or lastly, to reply with an address of a relative/friend who lives abroad?

Coupon-mad

You just need to wait, no worries.

since the reference code is wrong

What do you mean by this, please?

Does your original PCN (NOT the reminder) have a blank space at the bottom like this example:

http://imgur.com/a/FOfr8

Or does it have an extra paragraph in the middle of that blurb, about the POFA/keeper liability after 29 days? PLEASE CONFIRM WHICH.

VT_K

Okay, I just wanted to check.

It has an extra paragraph about POFA/29 days.

Coupon-mad

OK, what do you mean about the reference code?

VT_K

I've checked that with some of their older letters and I'm wrong. Ignore that bit, sorry.

VT_K

Hi,

I appealed through POPLA and heard nothing back. Two years on, I received a letter from ParkingEye stating that it's a "LETTER BEFORE COUNTY COURT CLAIM" and "The 28 day period has passed and you have not appealed to POPLA or paid the Parkincg Charge in full", asking for a sum of £100. This was followed up with two letters from a company called Equita acting on ParkingEye's behalf, who asked for a renewed sum of £160 and to contact them otherwise they will proceed to county court. Upon contacting them, they're only interested if you are paying the money.

I know you can't argue the charge is too much but £160 is ridiculous. Do I have a leg to stand on?