Parking Eye Again

ifti

Hi

i cant seem to access pepipoo forums so i am having to post on here,
i visited a southall car park thats newly opened, i had no idea it was privately owned and always thought it was council operated.
They have signed that are high up and not easily readable unless you park properly and get out and read the signs, which is what i did, the car park is pretty small and has lots of traffic, It was pretty tough trying to leave hence the long stay.

They have a machine in which you need to enter car reg number, i cant believe that if you access the car park you must purchase a ticket, i feel i am being forced into paying for parking, it may be a small amount but i feel its just like clamping!

i am sorry i had to edit alot of the ticket out as i am worried parkingeye might have hired an idiot to monitor these forums!

i am looking at starting off with the normal template
Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain 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.

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,

will this be sufficient to start with ?

please advise,


thank you in advance

Northlakes

Was your PCN delivered in 14 days?

ifti

hi

yes it was came a few days ago

issued within 10 days of me being at the place, so all in all i received it in 12 days

if i was to say i didn't receive within 14 days will that make any difference ?

Coupon-mad

No it won't make any difference at appeal anyway and please don't be tempted to lie.

Do the photos appear to show the car outside the car park barrier, if there is one? Looks possible to me although I don't know the location, that looks outside a site.

How many minutes and did the driver actually park?

ifti

well there is no barrier as such just a entrance and exit to the car park

its a very tight squeeze I must say

the driver would have parked for no more than 8 mins, even that would be to get to the signage plus pay display machine/read, all the terms and conditions, they didn't agree to the terms and conditions hence decided to leave, the rest would be waiting for the delivery truck to manoeuvre it self in place so the driver can drive around it.

thank you

Coupon-mad

OK so are the pictures inside or outside what you'd consider to be the boundary?

How many minutes are PE alleging, over ten?

ifti

yeah i would consider them the boundry, only one way in and one way out

driver was in the car park for 19mins

below is pic of the car park, it is dated but where they have the black pole its yellow now, i visited the place today, as you can see its tight, only about one car can pass.

im so annoyed

ifti

the thing is being parked and entering/existing the place should be two different things right ?

ifti

and being in the car park for a specific time doesn't categorise as being parked does it ?

i dont understand that are assuming i was parked in the car park for 18mins, if i didnt agree to the terms and conditions after i read them and left ?

will this help me or is this a lost cause, im so upset as well.

Fruitcake

ifti wrote: »

the thing is being parked and entering/existing the place should be two different things right ?

ifti wrote: »

and being in the car park for a specific time doesn't categorise as being parked does it ?

i dont understand that are assuming i was parked in the car park for 18mins, if i didnt agree to the terms and conditions after i read them and left ?

will this help me or is this a lost cause, im so upset as well.

First of all, you are dealing with a company that just wants your money, and have been known to lie in court. Don't think you are dealing with a reasonable company here, because you are not.

Driving around a car park looking for a space is not driving. Entering a car park at a specific time, and parking later after reading the signs is not the same.

The only thing that should count is the length of time the vehice was actually parked in the car park, but parking lie don't care. They can't measure that time with ANPR cameras, and in fact don't want to, so they just start the clock when a number plate trips the camera, and stops the clock the last time the vehicle exits. Note what I have just said. It doesn't apply in your case, but if you visited the site twice or three times, only the first and last time the vehicle passed the cameras is likely to have been recorded.

Anyway, send the initial appeal that you have already found in the NEWBIES thread. You could add that the driver was not allowed grace periods (plural, there are two in the BPA CoP) and in any case the driver decided not to accept the parking terms and left without parking. If you add anything to the template appeal, make sure you don't reveal who was driving.

Once you have sent the appeal, you need to swot up on PoPLA appeals for if/when parking lie reject your initial appeal.

ifti

Fruitcake wrote: »

First of all, you are dealing with a company that just wants your money, and have been known to lie in court. Don't think you are dealing with a reasonable company here, because you are not.

Driving around a car park looking for a space is not driving. Entering a car park at a specific time, and parking later after reading the signs is not the same.

The only thing that should count is the length of time the vehice was actually parked in the car park, but parking lie don't care. They can't measure that time with ANPR cameras, and in fact don't want to, so they just start the clock when a number plate trips the camera, and stops the clock the last time the vehicle exits. Note what I have just said. It doesn't apply in your case, but if you visited the site twice or three times, only the first and last time the vehicle passed the cameras is likely to have been recorded.

Anyway, send the initial appeal that you have already found in the NEWBIES thread. You could add that the driver was not allowed grace periods (plural, there are two in the BPA CoP) and in any case the driver decided not to accept the parking terms and left without parking. If you add anything to the template appeal, make sure you don't reveal who was driving.

Once you have sent the appeal, you need to swot up on PoPLA appeals for if/when parking lie reject your initial appeal.

thank you for this

is it worth putting all my points in the intial appeal or is that best kept for the PoPLA appeal ? i dont want parking eye to get a idea what i am thinking in case this does go towards PoPLA/Court

thank you