Parking Eye PCN Tower Road Newquay

mushrooom

Just received a PCN through the post regarding Tower Road Newquay car park.
Read the newbie thread and was just about to appeal on their page when I noticed we had paid but overstayed 17 minutes.
It only says that after you've entered the ref no. and reg details, no mention of that on the letter.
I'd fallen over in Fore Street and cut my leg open and completely forgot about the time left on the ticket.
Now receiving 5 days of IV antibiotics for the cellulitis it caused
Is it worth appealing or just taking it on the chin, accepting I'd overstayed and pay the £60 ?

Redx

17 minutes is well within the 2 GRACE PERIODS of clause #13 of the BPA CoP

other legal points also apply and that place comes up almost daily on here

the NEWBIES sticky thread does tell people like yourself that you should appeal, it is "worth it" , you should not even have to ask !!!

sorry about your fall but none of that will matter to PE

just use the blue text template as KEEPER changing the warning part in blue to

Should you have obtained

and add an extra paragraph stating

Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled

mushrooom

Thank you so much for this, the IV stuff is making things a bit fuzzy. I'd read that newbie thread 4 times and it wasn't registering, I had to get my wife to come and read it as well

I've copied and pasted this, is this right ?

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.

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, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



Yours faithfully,

Do I put this on their online appeal form ?
Thanks again for your help?

Redx

almost , you have not changed the

Should you have obtained

part , because its now a historical fact that they have done so

appeal as KEEPER, not as driver , no disclosing who was driving !! (important)

mushrooom

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.

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 have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



Yours faithfully,

Like that ?

mushrooom

Or do I remove that paragraph that starts Should you have obtained

Quentin

No don't remove it!


It's fine now you have changed it in line with the advice in #2 & #4

mushrooom

Ah OK thanks, I'll be glad when the IV stuff is finished, my concentration level is terrible
Thanks for all your help RedX and Quentin

Quentin

Your OP says you "just" got the NTK.


In which case you don't need to get your appeal in today!! Wait till you have completed your iv treatment

mushrooom

Came through the post yesterday, says issued 05/08/2017

Redx

you have 28 days to put the appeal in on their website (as KEEPER , not as driver) , so no need to rush , do it before the bank holiday when you feel better and can take in the advice being given

here is how it should read

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.

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 have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



Yours faithfully,