New Post Advanced Search

Coronavirus: The latest from MSE


The MSE team is working extremely hard to keep the info we have about your travel rights, cancellation rights, sick pay (and more) up to date.
The official MSE guides: UPDATED MSE Coronavirus Guides

NEWSFLASH


New, free ‘Academoney’ course from MSE and the Open University launches
All the key areas of personal finance are covered, so that you can master your money decisions


Parking Eye Appeal Questions.

10 replies 385 views
Danny30Danny30 Forumite
192 posts
Sixth Anniversary 100 Posts Name Dropper Combo Breaker
It's been a while since I have written a letter. I have a close friend who received 4 parking tickets by ParkingEye from the Royal Free Hospital. Just 2 quick questions I have.

1) I am not sure if he has already provided his name to the company. If so are the appeal template letters still okay?

2) Is the brief letter below all he has to send or do I need to send the long version with all the arguments i.e loss of earnings?


Re PCN number: <ENTER PCN NUMBER HERE>

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

Replies

  • Coupon-madCoupon-mad Forumite
    84.9K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    No need to repeat the sticky thread advice here. Yes it's correct (edited in 2019).

    Especially there are mitigating circumstances, though, appeal DOES NOT come first. Appeal is most likely to be rejected, and maybe lost at POPLA, then it is too late.

    He needs to complain to the Royal Free FIRST, that these unfair PCNs breach the NHS Car Parking Principles which they are ignoring, and explain his mitigating circumstances re being or visiting a patient.

    Put the appeal on the back burner for this month at least.

    There are 28 days to appeal, so he has until early June to push the complaint. Start by Googling 'PALS' and use that avenue first, then crank the complaint up the line to the CEO of the NHS Trust, if needed, like everyone else dos here with any Hospital PCN.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithPKeithP Forumite
    21.3K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Danny30, your thread title, POPLA Appeal Questions, seems to indicate that you are seeking guidance on what to submit as a PoPLA appeal.

    Is that correct?

    If so, you would be best advised to read post #3 of the NEWBIES FAQ sticky thread for advice on how to create a winning PoPLA appeal.
  • Danny30Danny30 Forumite
    192 posts
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    Sorry guys. I really messed up with the thread title. It is meant to say Parking Eye, not popla. He hasn't sent the initial letter to parking Eye yet.

    How do I change the thread title?
  • KeithPKeithP Forumite
    21.3K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Go into edit on your opening post.

    Choose Go Advanced then type what you want in the Title box.
  • Coupon-madCoupon-mad Forumite
    84.9K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    NOT on a phone, of course - this forum doesn't work well on a phone.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Danny30Danny30 Forumite
    192 posts
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    I managed to amend the thread title. So just to clarify, is the letter above in my first post sufficient for the first step against the 4 tickets against Parking Eye and would I expect to have other cancelled on that step other to then have to send more letters to Popla?
  • The_DeepThe_Deep Forumite
    16.8K posts
    ✭✭✭✭✭
    Your friend should read this

    IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

    https://forums.moneysavingexpert.com/showthread.php?t=5972164

    and enlist the support of your MP as they are obviously trying to scam you.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • edited 17 May 2019 at 10:12AM
    MistyZMistyZ Forumite
    1.6K posts
    1,000 Posts Third Anniversary Name Dropper
    ✭✭✭
    edited 17 May 2019 at 10:12AM
    Danny30 wrote: »
    I managed to amend the thread title. So just to clarify, is the letter above in my first post sufficient for the first step against the 4 tickets against Parking Eye and would I expect to have other cancelled on that step other to then have to send more letters to Popla?

    I'm not entirely sure what you mean. However the blue template appeal from the Newbies' thread (which you have included in your first post) is the one to use when making the initial appeals to Parking Eye.

    As you've been advised though, the first step - and one to persevere with if necessary - is the landowner complaint. Don't miss the window for appealing to P.E. but get onto the landowner complaint / request for cancellation straight away and put your back into it, 'mild' complaints tend to be ignored IMO. (I guess it's your friend who's doing all this but all the better if they have your help & support).

    The fact is that the initial appeals to P.E. are almost certain to be refused but it means that a POPLA code is obtained. But as landowner complaints are less likely to be successful once the POPLA process has started it is very important to get complaining straight away. Basically keep all options open but at every stage go for it with conviction.

    Hopefully the landowner complaint will nip all this in the bud.
  • Coupon-madCoupon-mad Forumite
    84.9K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    I did say already:
    Put the appeal on the back burner for this month at least.
    DO NOT APPEAL FIRST.

    COMPLAINT FIRST.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Danny30Danny30 Forumite
    192 posts
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    We will be complaining first and only then pursue the blue letter template. Will update with any news. Thanks all
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support