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ParkingEye Morrisons West Kirby

Hello,
just a quick question, not sure if its relevant but..

I have received a PCN from ParkingEye for an incident that occurred in Morrisons West Kirby dated 22/04/2017, i over stayed my welcome by an hour. The Issue date is on the 27/04/2017 and the PCN carries the POFA 2012.

I moved house on the 1/05/2017 so didn't receive this PCN until a letter arrived at my new address dated 21/06/2017. It states "ParkingEye previously wrote to you at the address that the above vehicle was registered to at the time of the parking event. This address was provided by the DVLA. However, it has come to our attention that you no longer live at this address but reside at the above address. This new address has been supplied to PE by a credit reference agency"

Is the 2 month gap relevant to my appeal?

I Appealed the PCN using a generic template, claiming the signage was insufficient and the charge is disproportionate, which they have rejected and provided a POPLA reference.

"We are writing to advise you that your recent appeal has been unsuccessful and that you have now reasched the end of our internal appeal procedure. This site is a maximum stay car park, as per the terms and conditions as detailed on the signage. Your appeal has bee rejected on the basis that the maximum time was exceeded"

despite my appeal stating signage was insufficient.
«1

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Before starting a thread you are (politely) asked to reaf up the newbies faq thread near the top of the forum.


    Do this now and you will find advice on dealing with this .


    You need to send your POPLA appeal quickly (assuming you still have time)


    And complain to Morrisons if you were shopping there
  • Umkomaas
    Umkomaas Posts: 42,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Morrisons will cancel this if you complain to the CEO at this email address.

    donotreply@morrisonsplc.co.uk

    I know it says 'donotreply' but it works every time.

    If you have proof of purchases on the day, enclose copies, or bank/cc statements to show you are a regular customers (copy those) or do you have a Ms 'More' loyalty card - quote the number.

    In your email to the CEO give him the details as to why the delay in contacting him. Tell him that PE are litigious and you're anxious to avoid this going to court in the near future.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • leShuffy
    leShuffy Posts: 8 Forumite
    Hello, thank you for your quick responses.

    Quentin,
    I have read the sticky note for newbies and wow there is a lot to take in when you are new to this situation! i've picked up on (or at least i think i read at some point) that if the PCN is not served within 2 weeks of the occurrence then you have grounds to reject it, i wondered how my situation fitted as i dint receive the PCN for 2 months because i moved house. I received the rejection email yesterday, how much time do i have?

    Umkomaas,
    Sadly i dont have the receipt for the shopping that day and i payed cash, i'm not a regular customer but i guess there is no harm in trying!
  • Umkomaas
    Umkomaas Posts: 42,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1. The non receipt of a NtK within 14 days doesn't mean there are grounds to reject it. It means that keeper liability might not apply, but the keeper would need to appeal that to the PPC, probably to POPLA, even to the court if the two preceding appeals are lost. However, you receiving it after 2 weeks because of a house move is not the same thing. Did you have a Royal Mail re-direct in place?

    2. Morrisons have been known to cancel even without receipts for the day. But explain in your email that you paid cash for your goods and as they were perishables had no need to retain the receipt.

    3. You may need to submit a POPLA appeal if your email to Ms doesn't work, so time to prepare for that. Your first port of call is post #3 of the sticky where there are some pre-written appeal points to copy and paste. Next job is a forum search on 'ParkingEye (or PE) POPLA' to look at other recent (last 3-4 months) PE POPLA appeals from which you can fill any gaps beyond the templates that appertain to your parking event. Plagiarise as appropriate.

    When is your POPLA deadline please. Don't miss that otherwise PE turn nasty and sue in many cases, then you've got a much steeper hill to climb (even with our help).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • leShuffy
    leShuffy Posts: 8 Forumite
    Thank you everyone,

    I emailed Morrisons on Friday, they have replied today stating the charges are dropped :beer:
  • Coupon-mad
    Coupon-mad Posts: 149,163 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay, as always - that email works a treat! Easy, wasn't it?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quentin
    Quentin Posts: 40,405 Forumite
    leShuffy wrote: »
    Thank you everyone,

    I emailed Morrisons on Friday, they have replied today stating the charges are dropped :beer:

    It's not over till you hear from pe confirming this.

    Don't miss any appeal deadlines if they are slow!
  • leShuffy
    leShuffy Posts: 8 Forumite
    28 days from the rejection letter make 5th August to lodge my POPLA appeal, if i've not heard from PE by the 19th then i'll contact them with a copy of the email i've received from Morrisons

    Or should i start the POPLA appeal and use the email from Morrisons as my grounds?
  • Umkomaas
    Umkomaas Posts: 42,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PE are generally efficient at sending written confirmation of f the charge. It is normally received in 7-10 days.

    If you've heard nothing in that timeframe, I'd email them, with copy of the M's email and ask them to confirm cancellation.

    You can monitor the status of your PCN by logging in to the PE website and go as if to pay your ticket, using the relevant codes required by PE. If it's shown as no longer current, screenshot the page for safe keeping, then the need to chase them via email, or even start on a draft POPLA appeal, become less urgent.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • leShuffy
    leShuffy Posts: 8 Forumite
    Just logged into PE

    "There is no amount outstanding for this parking charge"

    Happy days
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