Most unfair parking charge? Help and advise please

Gotchargedunfair

Also, I am checking the letter and they say "as we don´t know the driver´s name and current adress of the dirver we have the right to recover any unpaid part of the parking charge from you".

Gotchargedunfair

pappa_golf wrote: »

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

Hi, I am editing the appeal for PE. I will post it here in a few minutes. Would you give me your opinion? Thanks

Gotchargedunfair

What do you think guys? point 3 is talking about grace time which is my case


Dear Sir/Madam
Re (I will write here the ref number)

I am challenging your parking charge notice dated 28/12/2016 on the following grounds. Please respond to each individual point that I state.

1. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. Please provide a breakdown of how your demanded charge is calculated so that I can consider further whether it amounts to a penalty.

2. The contractual breach can have caused no financial loss whatever to you or to the land owner but if you believe it has please set out the details clearly in your response. If you believe I have committed a trespass please substantiate your consequential actual loss. There were, for example, unoccupied places available for others to park so my presence did not prevent the parking of other cars and their making of payments.

3. Having examined your parking charge notice I believe it is a non compliant demand for payment for the following reasons:
Your notice wrongly requires payment to be made “within” 28 days which is contrary to statutory requirement that provides a period of 28 days from the date of receipt.

4. The rules of the BPA require you to allow a grace period either to allow a motorist to read the signs and make payment or decide whether parking is permitted, and at the end of a period of paid for time or maximum stay to allow for discrepancies in the time shown on different devices. Please advise the actual grace period in operation so that I can assess whether you have acted reasonably.

5. If this challenge / appeal is rejected, to enable me to prepare a formal appeal to P.O.P.L.A please provide the following documentation:
A copy of your contract with the land owner which authorises you to act on their behalf in the management of this car parking area.
A copy of the contract which you allege I entered in to when I parked.
Photographic evidence of the actual signs in situ, together with identification of the locations around the site where these signs are currently placed. Please also confirm the date when the photographs were taken (if not evident from the photographs themselves) and whether you have made any alterations to the signage since the photograph was taken.
A copy of the full terms and conditions for use of the land where I was allegedly parked wrongly.
A copy of your certificate of membership of the BPA
A copy of your protocol which your enforcement and CCTV operators are required to follow.
A copy of your standard appeal procedure and confirm whether or not it complies with the Arbitration Act 1996.
A copy of all of the images that you have of my vehicle. I understand that the Data Protection Act entitles me to all of this information.
A copy of your protocol for handling personal data such as images of my vehicle. I assume that such data is not disclosed to any third party (other than POPLA in the event of an appeal) but please confirm this.

Please provide this information within 35 days of receipt. If you are unable to provide any of the requested documents please provide a reason for each omission.

I look forward to hearing from you.

Yours faithfully,

pappa_golf

UMM , stop!

1: please place your piccis on a sitec that people can access , OR change the FULL weblink by simply changing the HTTP to HXXP.

2:if Pe have fully complied with the POFa , then yes they can go after the car owner

3: the BPA template (blue) was been written for one reason , that is to get a POPLa code , not to engage with them , do not alter it , youst send as is

alas you will have to spend time compiling a POPLa defence , but even after 4 weeks of ping pong with PE , they will just put their fingers in their ears and shout "la la la" , let them admit to POPLa that they are wrong , all info you have (ticket and PE timings , PE have so a 19 point check should have told them it was invalid (it did!0

they come after you , knowing they are wrong , they got your details illigally , let them back down at POPLa , with a nice paper trail , then fight back

pappa_golf

Gotchargedunfair wrote: »

What do you think guys? point 3 is talking about grace time which is my case


Dear Sir/Madam
Re (I will write here the ref number)

I am challenging your parking charge notice dated 28/12/2016 on the following grounds. Please respond to each individual point that I state.

1. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. Please provide a breakdown of how your demanded charge is calculated so that I can consider further whether it amounts to a penalty.

2. The contractual breach can have caused no financial loss whatever to you or to the land owner but if you believe it has please set out the details clearly in your response. If you believe I have committed a trespass please substantiate your consequential actual loss. There were, for example, unoccupied places available for others to park so my presence did not prevent the parking of other cars and their making of payments.

3. Having examined your parking charge notice I believe it is a non compliant demand for payment for the following reasons:
Your notice wrongly requires payment to be made “within” 28 days which is contrary to statutory requirement that provides a period of 28 days from the date of receipt.

4. The rules of the BPA require you to allow a grace period either to allow a motorist to read the signs and make payment or decide whether parking is permitted, and at the end of a period of paid for time or maximum stay to allow for discrepancies in the time shown on different devices. Please advise the actual grace period in operation so that I can assess whether you have acted reasonably.

5. If this challenge / appeal is rejected, to enable me to prepare a formal appeal to P.O.P.L.A please provide the following documentation:
A copy of your contract with the land owner which authorises you to act on their behalf in the management of this car parking area.
A copy of the contract which you allege I entered in to when I parked.
Photographic evidence of the actual signs in situ, together with identification of the locations around the site where these signs are currently placed. Please also confirm the date when the photographs were taken (if not evident from the photographs themselves) and whether you have made any alterations to the signage since the photograph was taken.
A copy of the full terms and conditions for use of the land where I was allegedly parked wrongly.
A copy of your certificate of membership of the BPA
A copy of your protocol which your enforcement and CCTV operators are required to follow.
A copy of your standard appeal procedure and confirm whether or not it complies with the Arbitration Act 1996.
A copy of all of the images that you have of my vehicle. I understand that the Data Protection Act entitles me to all of this information.
A copy of your protocol for handling personal data such as images of my vehicle. I assume that such data is not disclosed to any third party (other than POPLA in the event of an appeal) but please confirm this.

Please provide this information within 35 days of receipt. If you are unable to provide any of the requested documents please provide a reason for each omission.

I look forward to hearing from you.

Yours faithfully,

waste of time and paper , they already know all that , you are dealing with scammers here , not genuine buisness people


PE towers is split into 2 halves

1: ticket printing section
2: collections

there is no appeal department ,

Gotchargedunfair

Thanks pappa golf. Sorry I am not good at computers.

These are the pics right?

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

So now I need to go to the PE website and go to the appeal section and copy and paste this blue template right?

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,

Elysander

Parking Eye will almost certainly reject any appeal - all they want is your money. The 'blue text' appeal will be sufficient to get you a Popla code. You can then submit a fuller appeal to Popla, similar to other forum members recent Popla appeals. If this is the Aire street car park, Parking Eye have repeatedly lost cases at Popla by providing a poor scan of a document that they claim gives them authority to operate at this location. The scan is so poor, Popla assessors haven't been able to read it.

Gotchargedunfair

I have been reading in the website of ParkingEye and when I try to fill the appeal template I have to write my name and adress in the gaps they provide. Also I have to identify myself as a Driver/registerd keeper / both / hirer or non of the above if not the website doesn´t let me continue

pappa_golf

are you the registered keeper or not?

Fruitcake

Gotchargedunfair wrote: »

Also, I am checking the letter and they say "as we don´t know the driver´s name and current adress of the dirver we have the right to recover any unpaid part of the parking charge from you".

Edit your post and delete the bit that I DIDN'T quote, or Go Advanced edit and delete the whole post.



The scammers read these fora.