Most unfair parking charge? Help and advise please

The_Slithy_Tove

Gotchargedunfair wrote: »

Thanks pappa golf it loooks like I am going to win if I appeal because we are talking about 6 minutes here

You may think so. Don't expect it to be quite as easy as that, though. Do expect PE to reject your initial appeal. You'll need to take it to POPLA (and worth a strong complaint to the BPA as well).

pappa_golf

Gotchargedunfair wrote: »

yes, there are two nice photos

and the photos , both times?

the ticket you bought ,both times?

I suspect that the ticket is NOT for 6 mins overstay , its actually 5hrs and 6 mins as you entered the wrong vrn on the keypad

Gotchargedunfair

I have the receipt with me, I have double checked it and the register number of my car is the same that appears in the receipst and in the charge letter with the two pictures of my car.

It says:

Letter: Time in car park 5h 13min
Arrival time 12:21:15
Departure time 17:35:01

In the receipt the machine gave to me:
Paid 6.50
Issued: 12:29
Expiry time: 17:29

Is everything more clear now?

pappa_golf

ok , correct number is good

arrive tome 12:21
purchase ticket 12:29

that falls within the 10 min arrival grace guidelines

departure time 17:35
ticket 17:29

that falls into
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action

when PE will decline your appeal , but when challenged at POPLa will simply bsack down thus saving £27

as you have met the BPA code of practice criteria , PE had no right to obtain your info from the DVLA

if they should win at POPLa , and start court action , bang in a couter claim for breach of the DPA

in fact start a CC claim NOW (£25) based on the info sent to you from PE and the BPA code of conduct

Gotchargedunfair

Thanks Pappa golf for all your support. This is the first time that something like that has happened to me but I feel really supported by this forum. Reading your last answer I have got a couple of questions.

When you said "simply bsack down thus saving £27" what do you exactly mean?

I have been reading about the cc claim as you have suggested to me. If I do it I will pay £25 but what would I win by doing it?

On the letter that they sent me they got my name, address everything. So they shouldn't have that info?

Thanks.

pappa_golf

Gotchargedunfair wrote: »

Thanks Pappa golf for all your support. This is the first time that something like that has happened to me but I feel really supported by this forum. Reading your last answer I have got a couple of questions.

When you said "simply bsack down thus saving £27" what do you exactly mean?

I have been reading about the cc claim as you have suggested to me. If I do it I will pay £25 but what would I win by doing it?

On the letter that they sent me they got my name, address everything. So they shouldn't have that info?

Thanks.

When you said "simply bsack down thus saving £27" what do you exactly mean?

they will let you run around getting info and photos , preparing a POPLa appeal , at this point they know they will loose , so simply fail to send any info , popla will cancell and because they have not adjudicated will not charge PE

I have been reading about the cc claim as you have suggested to me. If I do it I will pay £25 but what would I win by doing it?

between £250 and £750 due to them breaking the data protection act

On the letter that they sent me they got my name, address everything. So they shouldn't have that info?


they can only ask for your data if you have broken the terms and conditions , in this case you have not , so they have illigsally obtained your info

Fruitcake

Gotchargedunfair wrote: »

Thanks Pappa golf for all your support. This is the first time that something like that has happened to me but I feel really supported by this forum. Reading your last answer I have got a couple of questions.

When you said "simply bsack down thus saving £27" what do you exactly mean?

I have been reading about the cc claim as you have suggested to me. If I do it I will pay £25 but what would I win by doing it?

On the letter that they sent me they got my name, address everything. So they shouldn't have that info?

Thanks.

It costs the parking scammers £27 + VaT to make challenge an appeal at PoPLA. Many now give up and simply cancel when they see a well constructed appeal. This means by bailing out before the appeal they don't have to pay PoPLA anything. PoPLA ae not happy with this as more and more scammers are doing it.
My heart bleeds for them.

If there was no reason to issue the ticket (which there wasn't because they didn't allow the BPA CoP mandated Grace Periods) then there was no reason for them to get keeper details from the DVLA. That's a DPA breach that could get you between £250 and £750 plus your 25 quid filing fee back if you win a counter claim in court.

pappa_golf

the letter you have from PE , plus your ticket (as proof of paying ) ie time paid for parking finished and a copy of the BPA code of practice , would be sufficient to start a claim for unlawfully accessing your data from the DVLA
there nice letter is the incriminating evidence

Gotchargedunfair

Hi guys, sorry for the delay in replying but I have had some issues with the computer/internet. I am attaching the letter they sent me and also the ticket (proof of paying). EDIT: The forum doesn´t let me post images. I have created an space in the link in case you want to see the pictures.

app. box.com/s/9n2eh8wtujzpnb3mr8k1rjlh7atgcywb
app. box.com/s/ta4x1b5darg7d9vpp6om1vdt7ktw961l



I have been searching on the website to start a claim to Eyeparking and is this template the one that I have to complete? But it says that I need to write my name as a keeper etc but as Fruitcake said before

Fruitcake wrote: »

Please read the Sticky thread for NEWBIES that you seemed to have missed on the page where you clicked, New Thread.

In there you will find the BPA template in blue that you should send to parking lie AS KEEPER. You may carefully, without revealing the driver's details, add that a six minute overstay is well within the BPA CoP mandated grace periods and therefore parking lie should save themselves money by cancelling now.

Acronyms are explained in the NEWBIES.

Do not pay, do not miss the appeal deadline, do not ignore, DO NOT reveal who was driving. Find the relevant section regarding Grace Periods of the latest BPA CoP and quote that in your initial appeal.

I shouldn´t say my personal info.

"Template appeal for BPA members - copy this wording into the online appeal box or into an email:


Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car.

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.

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.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,



{obviously add the registered keeper's name, obviously add your postal address even if emailing (!) as long as you are sure the PPC is an AOS member} "

I am a bit lost with this. shall I fill that template and send it to the parkeye appeals and complain online procedures? Do I need to attach the ticket (proof as I paid the parking machine)? Thank you for your patience.

Edit: If you read that template it has nothing to do with my cause of concern which is they issue me a 100 pounds ticket for leaving the carpark 6 minutes later than I should.

pappa_golf

you send off the appeal to PE in order to get a POPLa code

PE know they are wrong , hell they have a 19 point checking system , that should have pointed this out , it did , but they are gready

get your POPLa code and appeal to POPLa with all your details , PE will not back down to you , but they will with POPLa

further refusal by PE (when you appeal) would only highlight that the 19 point check is not fit for porpoises , thus adding to your DPA claim


don,t send PE any info , do not help them , they have all the info you have , but are gready for money