Parking Eye - RadissonBlu Stansted

RadissonBlues

Dear Forum companions
Please help!

I spent less than 15 mins within the perimeter of the land around the Radisson Blu Hotel at Stansted airport.
I never got out of the car nor parked in a parking bay.
I waited in the place in front of the hotel where you drop off people and luggage.
My passenger entered the hotel foyer and confirmed I could wait there while she checked in
and then took the luggage to the room they assigned to her.
I then left to return the car to the car rental company.

A month or so later a Parking Eye (PE) Parking Charge Notice (PCN) arrived with an invoice for 100 UKP - pay soon and its just 60 UKP.
Next the rental company asked for 50 UKP for later emailing the same notice I'd already directly received by post.

Following forum advice. I sent PE the follow text (redacted names etc) by registered post.

Dear Sirs

Re: Parking Charge Notice No. ______/_______

I challenge this 'Parking Charge Notice' as keeper of the car on the day, on the following grounds:
a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a
disguised penalty and not commercially justified.

b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant
purpose of your business model is intended to be a deterrent.

c). There is no evidence that you have any proprietary interest in the land.

d). Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts
(Information, Cancellation and Additional Payments) Regs 2013.

e). There was no consideration nor acceptance flowing from both parties and any contract with
myself, or the driver, is denied.

This is my full and final appeal, either accept this appeal and cancel the 'Parking Charge Notice' or
reject with reasons including POPLA code within 35 days.

Your faithfully

_______ (signed)

Parking Eye duly replied telling me that my appeal had been unsuccessful but including the
POPLA Ref.

To compose my appeal to POPLA I have been browsing threads on this forum
in particular:
Parking eye, hotel. 24th Aug 16 at 3:04 PM
( forums.moneysavingexpert.com/showthread.php?t=5515314#4 )



I'd be pleased to hear whether that composition is good for me too.

Plus shouldn't I also include my introductory paragraph about not leaving
the car and not parking in a bay? Or is that logic a waste of time?

Any advice gratefully received

fisherjim

"Plus shouldn't I also include my introductory paragraph about not leaving the car and not parking in a bay?"

That is a total waste of time, what difference do you think that will make?

I suspect you have been done by PE's lazy catch all anpr system it probably allows 10mins grace then logs overstsyers.

Your vrn should have been white listed with reception.

You have stated the hotel said you could park there.

What happend when you complained to the hotel, and told them to cancel this ridiculous charge when you were bringing their paying customer to their hotel?

Elysander

Can you confirm whether your PCN makes reference to the Protection of Freedoms Act 2012? I am aware of a number of PCN's for this site (including one of my own) that were sent out late and, as a result of this, Parking Eye forfeited their right to hold the keeper liable.

RadissonBlues

Thanks fisherjim,

you asked:

You have stated the hotel said you could park there.
What happened when you complained to the hotel, and told them to cancel this ridiculous charge when you were bringing their paying customer to their hotel?

To be precise - what I have is hearsay:
the hotel reception told my passenger that I could wait (not park) in front of the hotel.

I think I'll call them and ask them to contribute a letter for my appeal.
Saying that it is standard practice to enter the perimeter of the hotel to drop off people and
luggage and sometimes it takes 14 mins.
But I am not optimistic since they outsourced ParkingEye probably with a view to catching
people out.

RadissonBlues

Hi Elysander

Can you confirm whether your PCN makes reference to the Protection of Freedoms Act 2012?

Yes that (2nd last) paragraph in the PCN runs:

By virtue of the Protection of Freedoms Act 2012 Schedule 4, Paragraph 14 (5) (a) any unpaid charges (being the Parking Charges specified in the notice to the keeper) may now be recovered from you, as you were the hirer

The_Deep

This is how to do it


https://forums.moneysavingexpert.com/discussion/5515654


Put it on Facebook, Tripadviser, booking.com, it rarely fails.

Elysander

Certainly follow The Deep's good advice by posting on Facebook etc If this proves fruitless, you will need to submit a POPLA appeal. As you were the hirer, Parking Eye would have to comply fully with the strict provisions of paragraphs 13 and 14 of schedule 4 of Protection of Freedoms Act 2012 in order to hold you liable. Have a look at post 21 from Edna Basher in the thread below which gives an excellent appeal point. as Parking Eye's notices to hirer never comply fully with the requirements.

I won a POPLA appeal at this site in April of this year. Although my win was on 'no keeper liability' due to the late serving of the pcn, PE's evidence pack included photos of an entrance/exit that had been closed off a year earlier. They also included a scan of a contract which they claimed gave them rights to operate at the site, but was of such poor quality most of it was unreadable, The 'effective date' on this document had not been filled in and had been left blank.

https://forums.moneysavingexpert.com/discussion/5313372

nigelbb

ParkingEye will not have supplied the necessary documents to the Hirer to invoke Hirer Liability under POFA 2012. Check out the requirements in paragraph 13. The Hirer is not liable.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

In any case contact the hotel to get this charge cancelled.

Redx

this OP needs a reality check as keeper , and stop typing about who did what

read this https://forums.moneysavingexpert.com/discussion/5374179

then edit his/her posts accordingly

then it should be noted that POFA2012 is being observed by both sides, so as keeper the first appeal went in and was rejected

now the OP appeals to popla as keeper , so what the driver may or may not have done is not relevant for popla, neither will popla allow the appeal based on anything that happened on the day from the account so far

complaints to the hotel should be made about "what happened on the day to the driver", but any popla appeal is focussed on legal arguments from a keeper point of view and drafted a keeper appeal based on recent 2016 popla appeals

its time this OP learned the difference between the two !!

good luck

RadissonBlues

As advised,
I contacted the hotel and they promise that they can have the PCN
as wells as the hire car fee annulled within 2 weeks.
To do this I had to send a scan of the PCN and my
stay details to their email address:
[EMAIL="concierge.stansted@radissonblu.com"]concierge.stansted@radissonblu.com[/EMAIL]

Here's crossing my fingers.

Meantime thank guys - great spirit in this forum!

Fruitcake

RadissonBlues wrote: »

As advised,
I contacted the hotel and they promise that they can have the PCN
as wells as the hire car fee annulled within 2 weeks.
To do this I had to send a scan of the PCN and my
stay details to their email address:
[EMAIL="concierge.stansted@radissonblu.com"]concierge.stansted@radissonblu.com[/EMAIL]

Here's crossing my fingers.

Meantime thank guys - great spirit in this forum!

It is not over until the parking scumpany say it is over, so you need to keep working on your PoPLA appeal unless/until you get a cancellation from parking lie. Don't miss the PoPLA appeal deadline.