Parking Eye = Crown Wharf Walsall

Adzenca

Hi All,

New to the forum (please be gentle )

So, last week I the registered keeper of the vehicle received a notice from Parking Eye a demand for the sum of £85 :eek: for overstaying at the above mentioned car park by 12 minutes.

I've written a letter (using the template in the links) to Parking Eye. I emailed it using the address they provide on their website. The response was they'd reply within 28 days

A letter (email) has also been submitted to [Removed by Forum Team] of Broadgate Estates - no response. Also the retailer who, the driver of the veichle, was using at the time - again no response.

What do I do now? I'm a little stressed about this as their is a discounted rate of £50 which may be paid. However I still think this is an inappropriate (inflated) sum for the driver to pay given they were adding to the economy of the retail park itself. :cool:

I, as well as the driver of the vehicle at the time have spent thousands of ££ in the shops located on the retail park - I have advised them and the rest of my friends and family to never use Crown Wharf Retail Park again if this is how they treat their customers. Worse still the apparent indifference conveyed by [Removed by Forum Team] behaviour towards my communication with him. :mad::mad::mad:

Anyway I hope you can help.

Fruitcake

You await the probable rejection from parking lie, then make a PoPLA appeal. Well done on appealing as keeper only. Many don't.

Don't worry about the discount, the idea is to get the full 100% MSE discount and pay nowt.

Did the NTK have a section mentioning something like, "after 29 days ..." or is there a blank space that looks as if something is missing?

Meanwhile, go back to the shops you visited on the day of the alleged event and complain to the mangers, not customer service, and tell them that you will become an ex customer if this isn't cancelled. Visit every shop around the car park even if you didn't shop there on the day. It only takes one manager worried about losing custom to get the ticket cancelled.

Other than that, it is a waiting game to get your PoPLA code.

The_Deep

Have you posted your disapproval on their Facebook page and Twitter? PE use ANPR camera which record the time you are in the car park, not the time you are parked. They must allow you a grace p[eriod of at least 20 mintes to find a space, read theiur lengthy T&C, queue tp pay, and queue up to leave.


Read this


http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.htmlt

Adzenca

The_Deep wrote: »

Have you posted your disapproval on their Facebook page and Twitter?

No. Does registering disapproval on their (Parking Eye's) Twitter matter? What will they do?

I don't use Facebook.....

Fruitcake

Adzenca wrote: »

No. Does registering disapproval on their (Parking Eye's) Twitter matter? What will they do?

I don't use Facebook.....

The retail outfit's fakebook/webpage, not parking lie. The latter don't care and just want your money.

Adzenca

Fruitcake wrote: »

You await the probable rejection from parking lie, then make a PoPLA appeal. Well done on appealing as driver only. Many don't.

What does "driver only appeal" mean? Sorry I'm new. I just used the template on the sticky thread as they are BPA member. Is that correct?

The driver no longer has the parking ticket unfortunately.

Fruitcake wrote: »

Don't worry about the discount, the idea is to get the full 100% MSE discount and pay nowt.

The discount is £35 less though. It's causing a lot of stress! As money isn't abundant. How likely is a successful appeal or will their be even more costs incurred and CCJs and debt collectors etc...?

Fruitcake wrote: »

Did the NTK have a section mentioning something like, "after 29 days ..." or is there a blank space that looks as if something is missing?

'

No blank spaces. It does say:

"You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This warning is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act."

Fruitcake wrote: »

Meanwhile, go back to the shops you visited on the day of the alleged event and complain to the mangers, not customer service, and tell them that you will become an ex customer if this isn't cancelled. Visit every shop around the car park even if you didn't shop there on the day. It only takes one manager worried about losing custom to get the ticket cancelled.

I tried 1 shop and they were do disinterested. I felt so humiliated.

Fruitcake wrote: »

Other than that, it is a waiting game to get your PoPLA code.

Then what happens? This is all too stressful. :(:(

The_Deep

Do not get stressed, they are on a very dodgy wicket here. It is most unlikely that you will need to pay them a penny.

Indeed, if they are daft enough to take this to court, they could end up paying you money.

Adzenca

The_Deep wrote: »

Do not get stressed, they are on a very dodgy wicket here. It is most unlikely that you will need to pay them a penny.

Indeed, if they are daft enough to take this to court, they could end up paying you money.

What makes you say that?

I'm so stressed.

:(:(

safarmuk

Please don't get stressed.

PE have sent you an invoice for £85 for an alleged 12 minute overstay at a retail park where you were shopping.

You have the right to challenge whether this invoice is correct or not.

PE don't want you to challenge it so would be happy to settle, no questions asked for slightly less.

You have appealed to PE and as Fruitcake says they will likely reject your appeal (hoping you then pay), but they will also provide a POPLA code.

When you have your POPLA code you post back on here with your draft defence, based on the templates in the Newbies threads, and someone will strengthen it up such that you have a good chance of winning your POPLA appeal. Assuming you win, as Fruitcake put it, instead of getting your £35 discount you get the full £85 discount.

In the meantime you might even be able to circumvent all this if you find a retailer who will cancel the charge. Do not feel humiliated, do not feel intimidated - ask to speak to the manager and firmly tell him that if you spend a lot of time and money in his shop you do not expect to be charged £100 for the privilege and if he doesn't want to help you that you want to know the regional managers name so you can complain to him/her. The power of social media now is immense, you need to get active on it, it reaches millions of people and the retailers themselves will not like to think that millions of potential consumers are finding out they can be unreasonably scammed and their staff don't help. Equally when they do help, you also use Social Media to compliment.

I once got a PE ticket cancelled by simply speaking to the landowner as it was the landowners fault I overstayed.

For now - sit back, enjoy your weekend and wait for PE's response and your POPLA code, unless of course you want to kick some bottom in the retail park shops to get this cancelled ...

Fruitcake

Adzenca wrote: »

What does "driver only appeal" mean? Sorry I'm new. I just used the template on the sticky thread as they are BPA member. Is that correct?

The driver no longer has the parking ticket unfortunately.



The discount is £35 less though. It's causing a lot of stress! As money isn't abundant. How likely is a successful appeal or will their be even more costs incurred and CCJs and debt collectors etc...?

'

No blank spaces. It does say:

"You are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This warning is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act."



I tried 1 shop and they were do disinterested. I felt so humiliated.




Then what happens? This is all too stressful. :(:(

Sorry, I was typing in a rush before I went out. I meant appealed as keeper only. That way you get additional protection using the Protection of Freedom Act.

It doesn't matter that the driver no longer has the ticket.

Forget the discount which means they hope you will cave in and pay because you are daft. You aren't daft otherwise you wouldn't have come here and used the correct BPA appeal template. Debt collectors have no powers and can only lawfully send you poor quality bog paper. The NEWBIES thread explains this.
You can't get a CCJ unless you go to court, and lose, and don't pay the costs awarded against you, and have a CCJ against you, and don't pay that. Note all the "ands." You are nowhere near court. The idea is to kill this at PoPLA, cost the scammers money, and cost you nothing.

Now you wait for your PoPLA code then construct your PoPLA appeal and post it here for the experts to check first.

One of your main points will be lack of grace periods (note the plural) which is a breach of the BPA CoP. There are two grace periods in the CoP. One at the beginning of the alleged parking period and one at the end. Look up version 6 from 2015 of the CoP and quote the relevant section where parking lie have failed to comply with this.

Other points will include inadequate signage, not the landowner, and no standing to issue charges. If the NTK does not fully meet the requirements of the POFA 2012, then that will be another appeal point as well. Something as small as the parking scammers not putting the period of parking (not just from ... to ...., but the exact time interval between them) means the POFA has not been complied with, therefore there can be no keeper liability.

You need to carefully compare every single word and line of the NTK with every part of the relevant section of the POFA to determine where they have got it wrong, and there is your winning PoPLA appeal point. You just need to spell it out for the PoPLA assessors as some of them do not seem to understand how an Act of Parliament actually works.

Fruitcake

Adzenca wrote: »

What makes you say that?

I'm so stressed.

:(:(

When you win at PoPLA you will have proof that that parking lie had no business getting keeper details from the DVLA. That is a breach of the Data Protection Act. If you are up for it, you could take them to court. The going rate for a DPA breach is about £250 at the moment. More if the scammers have been unreasonable.