ParkingEye PCN at a pub which has since closed down

Danmckenna21

So I've just received my rejection letter of an appeal to ParkingEye for a PCN I received.
The land in which the PCN was incurred was that of a pub car park but has since been closed down so there was no way to contact the landowner (I used this as an additional point in my first appeal).
However it was still rejected.

Is this example a valid point when appealing to POPLA or will this be counted as mitigating circumstances?

fisherjim

Contacting the landowner is our advice to get these silly charges nipped in the bud, POPLA will not be interested.

As the pub was closed down that really makes your case worse why do you think you could just park there?

That does not excuse the exorbitant charges these scammers are trying on, and you should use the tried and tested course outlined on the newbies thread in my opinion.

Mitigation will not work, as you have found out with either the Muppets at PE or the semi Muppets at POPLA!

peter_the_piper

Just a thought, but if the pub was closed down, was it owned by the landlord in which case the contract could be terminated. If owned by a chain then this may not apply.

Fruitcake

fisherjim wrote: »

Contacting the landowner is our advice to get these silly charges nipped in the bud, POPLA will not be interested.

As the pub was closed down that really makes your case worse why do you think you could just park there?

That does not excuse the exorbitant charges these scammers are trying on, and you should use the tried and tested course outlined on the newbies thread in my opinion.

Mitigation will not work, as you have found out with either the Muppets at PE or the semi Muppets at POPLA!

I read it as the pub had closed after the alleged event, not that it was closed at the time.

Fruitcake

You should read the POPLA Decisions sticky thread and pick out everything that applies.

Did you appeal as driver (I hope not) or as keeper?

Your appeal should include at least, not the landowner, no standing to issue charges in their own nm, inadequate signage, lack of grace period if it applies, and non-POFA 2012 compliant NTK if you didn't give away the driver's details.

Start looking around post 2341 for template appeal points that you can use.

Coupon-mad

Just so we are sure which of PE's two versions of PCN you got, does your original PCN (NOT the reminder, if you were sent one) have a blank space at the bottom, EXACTLY 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. ALSO DID YOU APPEAL AS KEEPER, BEING CAREFUL NOT TO NAME THE DRIVER?

Umkomaas

Is this PCN one of your own, or one which you are hoping to charge someone a fee to appeal for them?

https://forums.moneysavingexpert.com/discussion/5465336

https://forums.moneysavingexpert.com/discussion/5524939

In less than 12 months you've sought and taken advice for 4 separate PCNs from 4 separate companies. Not much feedback on any outcomes.

1. Highview
https://forums.moneysavingexpert.com/discussion/5377865

2. ParkingEye
https://forums.moneysavingexpert.com/discussion/5393433

3. First Parking
https://forums.moneysavingexpert.com/discussion/5438239

4. Parking Control Management
https://forums.moneysavingexpert.com/discussion/5538822

If these really are your own tickets, then you don't seem to have learned much about avoiding car parks operated by PPCs or, at the very least, reading the notices in the car park and wearing a watch!

Danmckenna21

It's exactly as the one you posted the imgur link to.

I should've been more clear, I used the template in the sticky, added a few extra lines from my own research and mentioned the pub is now closed.

I appealed as the keeper not the driver.

Umkomaas

Danmckenna21 wrote: »

It's exactly as the one you posted the imgur link to.

I should've been more clear, I used the template in the sticky, added a few extra lines from my own research and mentioned the pub is now closed.

I appealed as the keeper not the driver.

You need to get it merged with the original thread, otherwise you're asking people to advise with little or no context. A sure fire way of getting confused or plain wrong advice.

Not recommended for any PPC, but PE are definitely not the PPC to get things wrong with - they sue people.

PM 'Crabman' or 'soolin', forum guides to have the two threads merged.

Coupon-mad

Danmckenna21 wrote: »

It's exactly as the one you posted the imgur link to.

I should've been more clear, I used the template in the sticky, added a few extra lines from my own research and mentioned the pub is now closed.

I appealed as the keeper not the driver.

Great - you win at POPLA then!

You can plagiarise and adapt this one I wrote earlier:

https://forums.moneysavingexpert.com/discussion/comment/71545209#Comment_71545209

Let me know if the Dropbox link shown there doesn't work. Most of that appeal can be used, point #1 and #2 are vital and suit all cases where PE have issued a non-POFA PCN like you are lucky enough to have there. They seem to be pretty common.