Appeal ParkingEye when store was closed

duggankieron

I have just received a Parking Charge notice from ParkingEye. From doing some research, I noticed that the fined is based off loss of profit for the store, however, the time stamp on the evidence of the car arriving in the car park, the store was closed, and there was very few cars parked. Is this a solid grounds for an appeal?

UPDATE - I have used the template that is in the NEWBIES thread, just got to wait and see what happens.

waamo

At the top of this board is a thread that tells Newbies to read it first. In that thread are templates to use.

You need to read that thread as it gives vital information to beat this.

onlyfoolsandparking

There are always grounds for appeal, however you need to thoroughly read the NEWBIES sticky which will give you ALL the information you need.


Also it is advised NEVER to identify the driver, I suggest you edit your post sharpish

Redx

duggankieron wrote: »

I have just received a Parking Charge notice from ParkingEye for overstaying the allowed time of 3 hours (I stayed for 4). From doing some research, I noticed that the fined is based off loss of profit for the store, however, at the time of arrival to the car park, the store was closed, and there was very few cars parked. Is this a solid grounds for an appeal?

no , its not grounds for appeal

BEAVIS overstayed on a "free" car park and lost 3 times in 3 different courts

the NEWBIES FAQ sticky thread gives an appeal template and also grounds for appeal , which are legal technicalities

nothing in your post suggests there are grounds for appeal , so follow the advice given and appeal as KEEPER, and edit your post to remove any idea of who the driver was, becausw knowing who was driving gives PE a stronger hand

KeithP

duggankieron wrote: »

From doing some research, I noticed that the fined is based off loss of profit for the store, however, at the time of arrival to the car park, the store was closed, and there was very few cars parked. Is this a solid grounds for an appeal?

Sorry to be saying it but your research is flawed.

'Loss of profit' is a non-starter, not even worth a mention in a Defence, and you will need to find better grounds.

onlyfoolsandparking

And I stand corrected on "There are always grounds for appeal"

Redx

grounds for a KEEPER appeal are usually as follows

POFA2012 failures
NTK errors
BPA CoP failures
NO LANDOWNER AUTHORITY
POOR AND INADEQUATE SIGNAGE
NOT THE SAME AS BEAVIS
FRUSTRATION OF CONTRACT
DE MINIMIS
ANPR issues

etc

if a driver is identified you can forget the first two grounds for appeal above

if PE got all their ducks in a row then its likely that any appeals will fail , sometimes a "guilty" verdict is inevitable , or their claimant legal arguments outweigh any defence legal arguments , as in the BEAVIS case

its if they fail these tests that a NICK "MR LOOPHOLE" FREEMAN argument might win

Coupon-mad

duggankieron wrote: »

I have just received a Parking Charge notice from ParkingEye...

the time stamp on the evidence of the car arriving in the car park, the store was closed, and there was very few cars parked. Is this a solid grounds for an appeal?

UPDATE - I have used the template that is in the NEWBIES thread, just got to wait and see what happens.

Can you show us the sign, while you await the inevitable rejection?

I recall that the odd POPLA appeal has been won v ParkingEye in a case where when the shops were closed, where the signs only make an offer to 'customers' and talk about the opening hours. Ergo, one argument goes that there is no offer, no consideration and no elements of a contract to people outside of store opening hours.

So let's see the sign please, can you go and take photos & post a broken URL link (as you can't post full working links yet, as a newbie).