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Difference between on site and parking

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    You never know how far you can go until you go too far.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 100 Posts Combo Breaker
    edited 21 December 2017 at 5:11PM
    Redx wrote: »
    yes, appeal it , same blue text template but add the grace periods into it by adapting the one I wrote in this thread

    https://forums.moneysavingexpert.com/discussion/comment/73242562#Comment_73242562

    So this, (no mention of previous appeal?)

    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.!

    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.

    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

    Yours faithfully,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 December 2024 at 1:01PM
    [quote=[Deleted User];73599755]So this, (no mention of previous appeal?)

    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.!

    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

    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.!

    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,[/QUOTE]

    I have amended it slightly for you

    and no mention of previous appeal unless you have to do so , not yet anyway
  • Redx wrote: »
    I have amended it slightly for you

    and no mention of previous appeal unless you have to do so , not yet anyway

    Excellent, thank you.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 100 Posts Combo Breaker
    edited 21 December 2017 at 8:06PM
    Should I attach a receipt that proves I was shopping there?

    Sorry, just seen that I can, but state driver etc.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    That an occupant was shopping, yes. You may trigger the secret cancellation clause. Yes, hiding loses like that is wrong but they all do it..
  • Umkomaas wrote: »
    See if any can help, particularly the ‘senior’ one - if obvious. But the likelihood is that there’s a Managing Agent controlling things there.

    If there is one, the MA is often listed somewhere near the bottom of the retail park entrance sign that lists the outlets on site. Alternatively ask if the retailers know, or try good old Google.

    Followed this advice as well.

    Wrote to the three outlets we shopped at and one has told ParkingEye to cancel even though we couldn't find the receipt for their store but used another store's receipt, (the one we found the receipt for said 7 days to reply).

    After they agreed to let their normal practice slide in that they needed a receipt from their store, I did send them redacted bank statement showing that we did purchase from them as well as the one we had a receipt for, but I think they went the extra mile for this.
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    After they agreed to let their normal practice slide in that they needed a receipt from their store, I did send them redacted bank statement showing that we did purchase from them as well as the one we had a receipt for, but I think they went the extra mile for this.
    Is this now resolved, or are you still awaiting a response from PE?

    If you had the stores confirmation in writing that they were asking PE to cancel, hang on to it. If you haven’t got it in writing, email the store, thank them for intervening and ask if they wouldn’t mind confirming your understanding that they have asked PE to cancel, via a quick email return.
    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
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I can't understand how PE sent a new PCN with an 'issue date' ahead of time by a month?
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    me neither but I didnt want to pre-empt a massive debate on that issue which resulted in the OP not following all the correct advice

    so providing the OP has followed all the advice then its open season on how PE are daft enough to send 2 ntk,s out and predate the second one as well, never mind ignore the first one , lol
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