Parking Eye & Hotel PCN - Help Please

kilberry

I have the response emailed from the GM, so yes, will keep it safe. Will review the portal over the weekend. I suspect it is too much to expect that PE would should the courtesy of a letter advising the PCN has been rescinded....

Umkomaas

kilberry wrote: »

I have the response emailed from the GM, so yes, will keep it safe. Will review the portal over the weekend. I suspect it is too much to expect that PE would should the courtesy of a letter advising the PCN has been rescinded....

To the contrary. PE are in a league of their own in formally notifying their cancellation via letter. Usually comes in around 7 to 10 days.

kilberry

Well, that will be something to look forward to! Will nonetheless check the portal and keep my eye on this until properly resolved.

kilberry

Have checked online, and the PCN is still showing as owing :-(

kilberry

Good news - today received confirmation from PE that the PCN has been cancelled and no outstanding payment is due, following the intervention from the hotel in question's General Manager. I'm pleased it was resolved without the nausea of having to fight it through tribunals & court, though in some ways a bit disappointed not to be able to "have my day in court" and flag the general injustice of being able to claim that a contract for parking existed where none did. I will still forward correspondence to my MP & Sir Greg Knight MP to encourage them to act to stop these utterly unscrupulous (if not unlawful) practices which entrap law abiding motorists and then make it easier to pay their extortionate fees than fight the injustice through the court system. I hate to think how many people take that "path of least resistance", further adding to the 30%+ profit margins these companies are making. As a small business owner myself, I could only dream of making such a return on investment, and it only points further to it being an utter scam, not a legitimate business with fair competition, fair charges and a proper service for the so called charges & fees.

Given how much these companies rely on "implied contract" based entirely on vague, incomplete and confusing signage to essentially dictate an unreasonable parking contract (where, effectively, by parking you arguably "agree" to the contract before you are even aware of the Ts & Cs), I am left wondering whether these companies can be "played at their own game" by using these principles in reverse - sending each of the main companies a pre-emptive letter indicating your own "counter offer" or statement of intent to contract or not enter into a contract unless it is (a) for a negligible amount and or (b) that a contract will only be valid where agreed in advance and signed by both myself and a Director of their business and/or (c) signalling an intent that any parking agreement I make will ONLY be valid directly between myself and the landlord him/herself. Would love to know your thoughts on such approaches. I've often found in previous business/legal interactions that turning an unreasonable argument back on an "opponent" can be a useful approach. What's sauce for the goose, and all that....

Coupon-mad

That might be interesting! Also you can try the DVLA pre-emptive strike and try to argue with them that, if they are asked to make an automated decision and share your data with any private parking firm in future, you require that they must ask you for express consent first, on a case by case basis, and you will require to be allowed the time to object before it is shared.

Again this is all a new idea (following GDPR) but some have started the ball rolling:

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

Definitely write to your MP as well as Sir Greg Knight. The more who make a stand, the better. Glad your battle is over; do stick around & join us to help win the war.

kilberry

Thanks, coupon mad - I hadn't thought about the DVLA, but the principle holds good there too. To effectively indicate to them that you will never, under any circumstances, agree to any private Parking Ts & Cs or enter into any contract without a signature from myself and the land-owner and, therefore, NO such request for details from private parking companies will ever be legal (so data is not authorised to be shared) should, in theory, be respected under GDPR. I wonder whether any legal bods might suggest suitable wording?

The laws, after all, are there for the benefit of us as private individuals as much as to line the pockets of big business, or so one would hope. Time we started using the laws to protect our interests proactively and pre-emptively, not just try and use them to defend spurious actions when it is all too late.