Unfair Parking Charge Notice - Appeal Denied

deejbk01

Hi,

The driver overstayed at a car park, and we've been hit with a £70 fine. I wrote an appeals letter, using the template on the MSE page: https://www.moneysavingexpert.com/reclaim/parking-ticket-appeals/

However, they declined. The Company is ParkingEye, they are a BPA member from what I understand. Should I use the independent appeals (POPLA) they sent me? Or should I just pay the discounted fine while it is available.

Many thanks

Fruitcake

Oh gawd, you used that dreadful template from the "official" MSE page. We have been campaigning to get that wiped from the face of the earth but to no avail. MSE really have no idea how this scam works or how to respond to it.

However, that cannot now be helped.

Was the driver's identity revealed in the appeal? I hope not.

It is not a fine. If you have a PoPLA code then you should use it, unless you want to throw your money to a scammer, which is worse than chucking it down the drain.

Use all the template appeal points available to you in post 3 of the NEWBIES. Show us your draft appeal before you submit it. Get pics of the site and signage asap ready to use.
PoPLA codes last 32 days so you have time.

What happened when you complained to the landowner about this unregulated scam?

Le_Kirk

You used the wrong appeal, however too late. You are in the POPLA appeal period. Go to NEWBIE sticky post # 3 and you will find near template POPLA appeals pick the one that most nearly suits your situation and adapt it. Post it here before submitting for critique. Who received the PCN and are they keeper or driver?

The_Deep

My wife overstayed at a car park, and we've been hit with a £70 fine.

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

PE signs are dodgy, read this,

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading[/FONT]

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

deejbk01

Hi,

No I did not reveal the driver's identity in the appeals letter (though I did write my own name in the letter - is that an issue?).

The rejection letter has a POPLA code.

Everyone is mentioning the NEWBIE post #3. I had a look on the NEWBIE post and I see the 3rd post entitled "SECOND STAGE APPEAL.."

I'll have a read and post something here. So I've got around 30 days to complete that.

We've not contacted the Landowner, should we do that. I'll ask if the driver if the driver still has the receipt. If not it will show on the driver's credit card statement.

Below is the appeal letter that was rejected:

Aldi Coulsdon

Dear Sir or Madam,

Ticket number: XXXXXXXXXXXX
Vehicle registration number: XXXXXXX

You issued me with a parking ticket on 29/10/2019 but I believe it was unfairly issued. I will not be paying your demand for payment for the following:

• There was insufficient signage
The car park in question has inadequate clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence, I have gathered as proof. The sign at the entrance is not clearly visible to all vehicles entering the premises via the roundabout, due to its angle and positioning. There are no other clear signs, as all other signs are very small and do not make the time restriction clear. If there had been adequate signage, then I would have seen this condition and would have made sure not to exceed the time limit.


• The charge is disproportionate and not commercially justifiable
The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

In my case, the £70 charge you are asking for far exceeds the cost to the landowner of which is zero, since parking is free and there were other spaces available during this time. I therefore feel the charge you have asked for is excessive.

• The notice to keeper is incorrect
The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012.


If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

[My name]


Signage is not clear when entering premises from Brighton Road South



Signage in Car park is too small and therefore is not clear

deejbk01

thanks, will check the post.

I received the PCN, as i am the keeper. The driver was not me

KeithP

You would be wise to remove all identifying information from post #5 above.

E.g. your full name, registration number, ticket number, etc.

Fruitcake

Remove the last sentence in post 6! Also remove similar information in any and all of your other posts!

Only ever refer to The Driver and The Keeper, even on here.

Coupon-mad

We've not contacted the Landowner, should we do that. I'll ask if my wife still has her receipt. If not it will show on her credit card statement.

YES! You must complain to the retailer and if it's a retail park the overall landowner, and they can cancel it BEFORE POPLA is tried (but not after).

Dreadful appeal by MSE. I have sent a pm to try again to get it changed as it is only four years out of date as regards the tired and pointless arguments in it.

deejbk01

Ok, so would that be a complaint to the Supermarket chain, or the individual supermarket store?

Umkomaas

deejbk01 wrote: »

Ok, so would that be a complaint to the Supermarket chain, or the individual supermarket store?

Start with the store, but be prepared to escalate up the food chain if necessary.