ParkingEye - Parking Charge Notice 22.11.2018

DirtyArf

MistyZ wrote: »

DirtyArf, get thee to the Newbies' thread!!! It is invaluable.

Fighting parking charges requires an understanding of the strange universe these low life parking companies inhabit. You need to familiarise yourself and to start looking for specifics too, like how to construct a POPLA appeal. It's all there plus searching the forum will also be productive.

It's so busy here that we need to understand the basics first then come back when & if we get stuck.

My parking charge information from Parking Eye relates to signage (from what is stated on the back of the PCN). After reading #3 in the Newbies thread, can you confirm if I am able to use the 'signage' template?

Please note: my PCN is unfortunately not what you have called a Golden Ticket and I believe they do not know who the driver is.

***The signage information in the PCN
The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and that the car park is managed by ParkingEye Ltd. In addition the signage states that, as a paid parking car park, a Parking Charge is applicable if the motorist fails to make the appropriate tariff payment. The signage also contains further terms and conditions associated with this car park by which those who park in the car park agree to be bound.
By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to ParkingEye Ltd (as the Creditor)

waamo

A POPLA appeal should always mention signage. It is up to the claimant to prove their case. If the signage is brought up then P.E. have to prove it is up to scratch.

You also need to add in other appeal points such as landowner authority to cover all bases.

Take a good read of the Newbies thread.

KeithP

Signage text you have quoted from the PCN is on all of them.

All they are doing is saying "our signs are excellent". They can hardly say "our signs are cr*p", could they?

Almost every single PCN issued in the country is issued because of an alleged breach of contract - that contract being based on the signs.

Yes you can use the signage template from post #3 of the NEWBIES, together with every other point that is relevant.

DirtyArf

Can I ask if I was to be unsuccessful in the POPLA decision, will I still be charged the initial amount of £100?

Redx

yes, but there is no legal reason compelling you to pay it


if it goes before a judge (like BEAVIS did), and if said judge says you have to pay, then that is when money is actually owed and should be paid, promptly (like BEAVIS did)

MistyZ

Have you complained to the landowner yet? I don't think you've mentioned what the alleged contravention was ... Overstay? Was money spent in an outlet served by the car park? Landowner complaints demanding that the charge be cancelled are often just the ticket, pun intended.

Now that you're checking things out for yourself, it'll help to know a bit more about the alleged contravention and the car park.

And as for the POPLA appeal, P.E. have just sent their 'evidence' to someone I'm helping who is at the POPLA stage. Blimey, they certainly seem to think that 'throwing the kitchen sink' at it might give them a win, there's all sorts of irrelevant rubbish in there. So appellants should do the same, only much better!

Do a long appeal using templates / parts of other peoples' recent POPLA wins gleaned from searches. The best points go first and anything that may be relevant thereafter, carefully checked & changed to fit the particular parking event as well as possible. If possible get some photos of the car park that illustrate the points made.