Landowner request to cancel PCN

JanLH

I appealed a PCN issued by PE at the Holiday Inn as I had email evidence that I had used the hotel legitimately to attend a work meeting with a third party. PE seemed to ignore this evidence and just kept sending standard letters asking for evidence!! Eventually they reject my appeal to them and directed me to POPLA. I appealed to them but this was not upheld as they were only interested in whether the PCN had been issued correctly. In desperation I contacted the landowner, Holiday Inn who agreed that the PCN was inappropriate and they requested PE to cancel. I have now received a LBCCC and when I asked Holiday Inn to check if their request had been processed, PE told them it could not be cancelled as my appeal was not upheld by POPLA. i am surprised at this statement as surely the landowner can request cancellation as any stage up to court proceedings starting. Any advice??

twhitehousescat

parking eye are telling lies , it can be cancelled any time right up to the court steps /

the letter is a letter before court , they can stop now , do you have written / email from holiday inn saying they would cancel PE are employed by holiday inn , and should do what they are told to do

JanLH

Yes I have an email from the Hotel Adminstrator plus a copy of the request form she sent to PE. Not sure how I get PE to cancel at this stage.

KeithP

I don't think you will get PE to cancel at this stage.

They have forked out real money to challenge your PoPLA appeal and they will want something - either from you or from Holiday Inn.

twhitehousescat

you foward a copy of that to PE , and tell them if they want to start court action , it will be included in your bundle , if the land owner says stop , them PE can sod off in court

JanLH

I will give it one last go, but am prepared to go to court if it gets that far.

beamerguy

The very same happened a while ago with PE and a hotel.

PE lied to the hotel that they could not cancel at court stage. Of course they can right up to the last minute

After a lot of help from this forum and immense hassle to the hotel, it was settled. We still don't know if the hotel paid PE direct ... they probably did

This was earlier this year ...... which member here can point to this one ..... ?

twhitehousescat

cant remember it , but expect a give us £20 offer

Coupon-mad

JanLH wrote: »

I appealed a PCN issued by PE at the Holiday Inn as I had email evidence that I had used the hotel legitimately to attend a work meeting with a third party.

PE seemed to ignore this evidence and just kept sending standard letters asking for evidence!! Eventually they reject my appeal to them and directed me to POPLA. I appealed to them but this was not upheld as they were only interested in whether the PCN had been issued correctly. In desperation I contacted the landowner, Holiday Inn who agreed that the PCN was inappropriate and they requested PE to cancel.

I have now received a LBCCC and when I asked Holiday Inn to check if their request had been processed, PE told them it could not be cancelled as my appeal was not upheld by POPLA. i am surprised at this statement as surely the landowner can request cancellation as any stage up to court proceedings starting. Any advice??

Email:

enforcement@parkingeye.co.uk

...remembering that the litigation team is a different team than the Appeals Dept.

So, repeat the fact that the Hotel agreed to cancel the charge and therefore, any legitimate interest excuse that PE may have been planning to use, is absent and they will be unable to rely on the Beavis case, because there is nothing here, given the facts of this case, that will disengage the penalty rule.

Use those words, they are important and will mean something to the litigation team.

State also that, if they wasted money on POPLA, then that's PE's own fault for operating a system that works against genuine Hotel patrons like yourself, a fact that PE knew or should have known early on and certainly did know before POPLA and they had ample opportunity to cancel the PCN before that stage.

Finish by telling them that unlike Mr Beavis you did not ignore the PCN and PE had so many chances to cancel the PCN.

Attach a copy of the email from the Hotel as proof that they want it cancelled, never forgetting that this is a different set of staff with a different approach than the appeals team. Don't give up.

It might be enough to either get it cancelled or for PE to make an offer (typically £60) that you can then go back to the Head Office of the Hotel with, and suggest THEY pay it since the failure to draw the useless, hidden keypad to the attention of drivers at the Hotel to 'register' a VRN is their failure, not yours, and the choice to use a scumbag/hated and easily Googled bullyboy firm like PE, is also their fault, not the fault of their poor guests.