Parking eye charge notice by my gym, please help

roxygirl123

Hello,
I received a parking fine for parking 26 minutes by my gym, there are some shops too. I was in classes and gym all that time, and park on further on away from the shops where it is mostly empty. I Joined the gym and was assured that if I went over three hours they would sort it out. Now I'm told that the parking is nothing to do with them, they are lying about everything. Although the manager agreed to appeal on my behalf, but I don't believe that he has done it , every time I want to speak to him he is in a meeting ( I know he isn't)

I have now been reading on various forums for three hours about how to appeal, but I'm quite confused from all the info, and most things here are old and people say not to use them, feeling a bit sick from it.

date of event was 14.11.16 , date issue 18.11.16 letter arrived home 24.11.16 pay within 14 days of issue 2.12.16 which is not really adding up given weekends too.

I'm sorry I must be dumb, but I didn't see any template on the newbie sticky .
Would someone please give me the link as everything I found seems to be old , I'm sorry again.
I'm not the register keeper

Quentin

The newbies faq advice is up to date


There is a template appeal there (blue type)


Also keep on at the gym manager.

Coupon-mad

I'm sorry I must be dumb, but I didn't see any template on the newbie sticky.

There are two in post #1 of that sticky (one for BPA members and one for IPC members) and several POPLA ones in post #3. If you are trying to read the forum on a phone, please don't!

The sticky thread was last edited just days ago, so it is not old.

No links given, you can read the NEWBIES thread again tomorrow with fresh eyes and I am sure you will see what we mean.

pogofish

roxygirl123 wrote: »

Would someone please give me the link as everything I found seems to be old

What, this old?

Last edited by Coupon-mad; 27-11-2016 at 12:21 AM.

Last edited by Coupon-mad; 17-11-2016 at 1:10 AM

The Newbies Sticky at the top of the forum is completely up to date!

roxygirl123

Just to let you know that the manager has sent an email to parking eye, it is to there account. Will this be enough or do I still need to send something off myself?? Any opinions on this, please?
Thank you for your answers.

Quentin

Yes proceed as advised in the newbies faq thread.


You need this to be cancelled to you in writing by PE before you stop the appeal process.

roxygirl123

Quentin, sorry but your mail box is full: Did you mean I do need to write to them as well as the gym. They copied me in the email. So, I need in writing that they have cancelled it, is that right. I have read a lot about this subject, but still struggle to make sense of it even with the template letter, I know it is sad.
Thank you for your reply.

Redx

you need Parking Eye to tell you that it is cancelled

so as well as the gym complaint , do an online appeal , choose KEEPER (not driver) and copy and paste the blue text template from the newbies sticky thread , adding an extra addendum that the GYM have requested the pcn is cancelled too (by email)

dont just sit on your hands , its a two pronged approach , the online option is free, so do it , asap

so no writing , get on the PE website asap and appeal, then await cancellations in writing or by email

roxygirl123

Is this the corect one?? Also should I include all of it, many thanks
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.

The gym manager sent an email (on the 30.11.16) to your accounts for the charge to be canceled.

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,

roxygirl123

or is it this one? But I don't really know what to include all of it?


[insert your name
and address]

[insert date]
[insert name and address of
landowner or agent of landowner]

Dear Sir or Madam,

Ticket number: [insert ticket number]
Vehicle registration number: [insert vehicle registration number]

You issued me with a parking ticket on [insert date] but I believe it was [select from unfairly / unlawfully / illegally] issued. [if asked] I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following [select from reason / reasons]:

[Important: fill in the sections below and delete any bullets that don’t apply]

The alleged contravention did not occur
Quite simply, the parking attendant got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact [insert reason here]. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my claim.

There was insufficient signage
The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], I have gathered as proof.

The vehicle was not parked on the land in question
You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked [insert where you parked] meaning you had no authority to issue a ticket. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof.

Mitigating circumstances
There are mitigating circumstances to explain why I parked where I did and I am requesting that the charge be waived for this reason. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], as proof of my claim.

The charge is disproportionate and not commercially justifiable
The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

In my case, the [insert figure] charge you are asking for far exceeds the cost to the landowner of [insert details of the parking costs eg if the fee is £100 but I only overstayed by 15 minutes]. I therefore feel the charge you have asked for is excessive.

[If appealing against a notice to keeper] The notice to keeper is incorrect
The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. [eg if the Notice to Keeper arrived late (after 15 days following the alleged parking office, or after 56 days following the issue of a parking charge notice on your windscreen].


[Enter any further reasons of your own to support your claim and include as much detail as you can].

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

Redx

its the blue text one reproduced in post #9 (the BPA member one)

ALL OF IT plus that gym cancellation addition too

there are 2 L in cancelled

not the IPC member one in post #10