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Parking Eye £100 Fine - Welcome Break Warwick South

toffee_pie
toffee_pie Posts: 39 Forumite
Third Anniversary
edited 16 January 2019 at 10:00PM in Parking tickets, fines & parking
Hi All,

Surprised to get this in the post yesterday - have done some googling and it looks like the driver can use lack of signage and identity of the owner as reasons to cancel this? can someone tell me if this is correct?

Below is a photo of the exact spot where the driver parked (from 4:09am to 8:59am on 31/12/17 - a long drive from Livepool to Southampton and shattered so driver pulled in for a sleep, and did not even see any signs and did not know if these parking spaces were free or not.

yes, its a scam and theese people need to be thought a lesson but the right words still need to get across to them to cancel these tickets.

driver was given the usual letter in the post wtih grainy images of my car in the location in the photo in total darkess with the number plate visible.

cheers guys
«1

Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please start by having a good read on the Newbies Sticky - Then stick to your original thread!
  • toffee_pie
    toffee_pie Posts: 39 Forumite
    Third Anniversary
    edited 16 January 2019 at 10:11PM
    Will this response to PE do? or is this more suitable for POPLA? Note - my parking ticket mentions 29 days warning on the reverse of the ticket under protection of freedoms act

    Re: PCN No. ....................

    The driver believes that your signs fail the test of 'large lettering' and prominence, as established in Parking Eye Ltd v Beavis. The signage where the keeper parked as visible from google maps show no signage at all with no clear indication as to whether or not fees apply or not

    At 4am when this alleged offence occurred it could not be expected a tired motorist who wants a rest to go walking around a car park to see read signs.

    The photos shown on the parking ticket are in total darkness with only the reg number illuminated, this clearly shows how dark the area is with no lightning.

    Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    your addition needs spell checking plus its not an "offence as its a civil matter and I would maybe add to it as well, providing it is not a lease or hire vehicle ?
    At 4am when this alleged contravention occured it could not be expected for a very tired motorist who wants a rest as per government safety warnings to go walking around a car park in the dark to find and read unlit signs that may or may not have been there.


    The photos shown on the parking ticket are in total darkness with only the reg number illuminated, this clearly shows how dark the area is with no lighting.
    also put a complaint in to WB about the same issues, but as KEEPER, no mentioning who was driving
  • Coupon-mad
    Coupon-mad Posts: 148,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you have an additional thread about the same PCN, please let this one die and pick up the other one by replying on it at all stages.

    It helps us to help you to see every post in one thread and for no new threads to be started at all about the same PCN.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • toffee_pie
    toffee_pie Posts: 39 Forumite
    Third Anniversary
    edited 14 January 2019 at 2:05AM
    Aside from the poor (ie no) signage what about the 14 day period of receiving a ticket? this was borderline (ticket received on Jan 11th, occured on Dec 31st) since these crooks lie all the time can you say you got the ticket on the 14th.?
  • Coupon-mad wrote: »
    If you have an additional thread about the same PCN, please let this one die and pick up the other one by replying on it at all stages.

    It helps us to help you to see every post in one thread and for no new threads to be started at all about the same PCN.

    :)
    can a mod delete the other thread please? i stuck it in some completely different forum.

    thanks for the advice above, I will reformat and update tomorrow
  • Coupon-mad
    Coupon-mad Posts: 148,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There are no Mods here.

    But if you send a pm to soolin or Crabman, they will merge them here for you.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • can someone tell me how to contact these people? cant seem to get them in a search - also what are the thoughts about the date of the ticket, can I say it arrived after 14 days?

    will get a draft done later today.
    thanks
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    There may be a better way to contact the Admins, but if you go to the list of threads there's a post by crabman near the top of the list: 'The Parking Tickets Board Sticky' and you can message him by clicking on his avatar.

    As for the 14 day thing, it's never a good idea to lie. This forum would soon lose credibility if lying were advised.
  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    toffee_pie wrote: »
    can someone tell me how to contact these people? cant seem to get them in a search - also what are the thoughts about the date of the ticket, can I say it arrived after 14 days?

    will get a draft done later today.
    thanks

    1. You'll find links to the Board Guides on this forum's first page (the one with the threads list) one page back from this one - hit your back button to get there. Then go to the bottom of the page, they're there on the r/h side.

    2. The forum doesn't condone lying. We leave that to the parking companies.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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