Tower road newquay

Pandatown4

Hey everyone
new to the forums so sorry if any of this comes out wrong.


I recieved a parking charge notice in the post from parking eye for tower road newquay.
Theyre stating that the vehicle entered the car park at 10:28:18 on the 26/05/18 and left at 13:40:01 same day
at 3 hours 11 minuets theyre claiming the driver has overstayed their 3 hours parking by 11 minuets.


I've read through the newbies guide about putting in an initial rejection to parking eye and i was hoping you guys would look it over?


heres what I have:


[FONT=&quot]Dear Sir/Madam,

Re PCN number:

I appeal and dispute your purported 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]British Parking Association code of practice clause 13.2 states: [/FONT]
[FONT=&quot]If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Furthermore clause 13.4 states:[/FONT]
[FONT=&quot]You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Therefore the 11 minuets total excess you claim on 3 hours parking from the time of entry to the car park at 10:28:18 to the time of leaving 13:40:01 are well within the entitled grace periods set out by the British Parking Association.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot] Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require the following information with your rejection letter:

1. Provide all images taken of this vehicle on that day and the signs at the material location and do not withhold any images or data later relied on for POPLA or court.
2. Explain why you operate in disregard of the GDPR and ICO rules. Nowhere do you inform the public of their right to subject access - why not?


I will be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to both my MP and the MP of Newquay ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or any legal documents by email is expressly disallowed. All responses to me from this point forward must be made by the Royal Mail postal service. Regardless of any MCOL online system, in this case, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,

Keeper[/FONT]
[FONT=&quot]Address

[/FONT]
[FONT=&quot]THE DRIVER IS NOT IDENTIFIED.[/FONT]


So what do you guys think? too much? not enough? I've heard some people say something about addding "without prejudice" to a letter is this the case here?

Castle

Did you keep your parking ticket?

Quentin

You say you have read the FAQ


This gives you a template appeal to use designed to get you a POPLA code


The FAQ advises never to reveal who was driving - you need to edit your post to remove details of who was driving

Pandatown4

sadly not this was nearly 2 weeks ago

Pandatown4

hey quentin thanks for the advice aboutt changing the post is that fixed now? isit advised to just submit the template with the necissary details (reg and ref number?)

Redx

yes, use the above template with any details like pcn ref etc , as KEEPER, on the PE website , forget about adding "without prejudice"


post #1 seems ok to me, so I assume you have edited out any details on who was driving on the day


clearly they seem to think they can flout the january 2018 BPA CoP so glad to see those details are in the appeal above


if they dont cancel, then use those same clauses and various other legal arguments to win at popla

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Pandatown4

the driver had a look arround and managed to find the parking ticket time stamped at 10:35

Pandatown4

Hi Redx some people are saying I should just submit the template and not edit it at alll?

Redx

everybody has their own opinion and normally we tell people to do exactly that, usually to avoid those same people from blowing their own toes off


however, if a PPC has breached the CoP like for example clause #13 - grace periods, I see no harm in being upfront about it from the off, so is what I would do from a keepers perspective and so I didnt see anything wrong in your amended appeal


I believe in pointing out their shortcomings, once identified, from the get go


what we do not want is people going off piste and falling down a steep ravine with an avalanche heading their way

Pandatown4

thanks for the advice red ill see if it lets people add attatchments because if it does i can add a photo copy of the parking ticket