ParkingEye PCN Hotel Car Park

robmcfc

Hi, hoping someone on here can help me. Apologies as I have read the Newbies thread and I know the preference is people follow that and try to avoid new threads but I am not clear on which advice to follow.

I have today received a ParkingEye PCN for £100 and was totally surprised and shocked to get it.

The PCN tells me I must pay £100 or if I pay within 14 days then I can pay £60. Trouble is I have only record it today and it's already the 6th day of the 14. The letter does include the sentence about "if after 29 days the charge has not been paid then ........" which I have read on this forum as being a key section and indicates they will pursue me as the registered keeper of the vehicle.

Please can someone advise how I appeal this and which template I should follow. That is assuming I have a right to appeal ?

Thanks in advance for any help offered.

R

Redx

use the blue text BPA appeal from that newbies sticky thread

any popla appeal will be based on several legal arguments including clause #13 of the BPA CoP , grace periods

in future, dont "park" on private land without the landowners permission or without paying (or observing the parking rules)

do the same for any further PCN,s from PE etc

PE almost always use ANPR cameras , its their stock in trade which includes supermarkets , retail parks , hospitals and many more

the £100 charge was sanctioned 12 months ago by the SUPREME COURT in the BEAVIS case so although you may think it is out of order, the judges dont

robmcfc

Thanks for the response and advice Redx.
Am i right to assume that after submitting that appeal that I will then need to follow the POPLA appeal process. If I do all this does the clock stop on the £100 v £60 payment. I.e. if my appeal is not upheld then is it a definite £100 I pay ? Thanks

Redx

you should read the last 2 months of POPLA DECISIONS posts in that sticky thread and there will be several issues you will raise , as well as grace periods

NO CONTRACT
NOT THE LANDOWNER
POOR SIGNAGE
GRACE PERIODS
NOT THE SAME AS BEAVIS

to name but a few

even if you lost at popla there is no obligation to pay

BUT pe issue around 25k to 30k court claims per annum and they took Barry Beavis to court for non-payment , in 3 courts over almost a 2 year period (they won all 3)

so if they dont cancel when you appeal online as keeper , then its over to a popla appeal , possibly 3 times from what you have said. these honeytraps are designed to catch people like you , and have successfully done so tens of thousands of times already , plus 3 times in your case

I would add a line to the blue text appeal as such

The driver observed the BPA CoP and studied the signage and left promptly , within clause #13 of that CoP , so please cancel or else this will be used as part of a POPLA appeal

leaving or staying in the car is irrelevant , the car was "parked"

robmcfc

Thanks again for all the help and advice Redx. Very much appreciated.

Coupon-mad

robmcfc wrote: »

Thanks for the response and advice Redx.
Am i right to assume that after submitting that appeal that I will then need to follow the POPLA appeal process. If I do all this does the clock stop on the £100 v £60 payment. I.e. if my appeal is not upheld then is it a definite £100 I pay ? And for that poppa appeal would you suggest I focus on the "only there 10 mins and didn't leave my car" ? Thanks

Stop looking at the discount. We are keen that people pay nothing.

Same advice as here, except you are the 'registered keeper' (presumably) not the lessee but the appeal advice & PCN stuff is relevant as is the need to EDIT YOUR POSTS NOW!

https://forums.moneysavingexpert.com/discussion/5558816

So, which type of ParkingEye PCN do you have (always the first question for us to ask)?

Read what I just posted and see which one you have - POFA or not? Compare it to the link in post #3 of the NEWBIES thread, it is easy.

robmcfc

I do have the 'POFA/keeper liability after 29 days' type of letter so guess that is the worst of the 2 types.

The_Deep

Was your use of the car park legitimate? If so, have you contacted the hotel?

robmcfc

Having read the advice on here it says do not contact the hotel and so I am going to use the recommended template from the Newbies thread and register my appeal on the PE site.

Redx

that is because the OP had no business at that site so should not have "parked" there in the first place (bilking)

some of the posts were edited as the OP was giving too much detail to PE who read these forums

Coupon-mad

robmcfc wrote: »

Having read the advice on here it says do not contact the hotel and so I am going to use the recommended template from the Newbies thread and register my appeal on the PE site.

The general advice is ALWAYS complain to the landowner as well as appealing with the template. A two-pronged attack.

As Redx says, that case you looked at was different because the driver wasn't using the Hotel.