PCN received on a company leased vehicle

Weekendrunner

Here is an initial draft of the main body of the POPLA appeal. I would be grateful for any comments, amendments and additions to this. Thank you.

ParkingEye, in their capacity as Operator did not provide me as the Hirer with any copies of the relevant documents mentioned in POFA 2012 schedule 4 Paragraph 13 (2).
For the reason of non-compliance with POFA para.14 it must also follow that I cannot be held liable.
ParkingEye has failed to show that full terms can be read at the time of parking or leaving the vehicle in accordance with BPA Section 18, paragraph 3. There are no visible signs upon entering and exiting the multi-storey carpark and no signs by the pedestrian exits. The parking payment machines on all levels have black plastic sheeting wrapped around them (they have been like this for several years). This gives the impression that the parking charges have been suspended and not being enforced.
In my initial appeal to ParkingEye I requested details regarding the policy with the landowner or on site businesses, to cancel such a charge as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. ParkingEye have failed to provide a copy of the contract with the landowner.
Taking the above into consideration I respectfully request that my appeal should be granted.

Fruitcake

That is far too short. The inadequate signage point from the NEWBIES on its own is about six times longer than the whole of your appeal.

You haven't included the Not the landowner and No standing to issue charges points either.

Have a look in the PoPLA decisions thread to see what a PoPLA appeal should look like.

You need pics of the site and signage and the covered P & D machines.

You also need to complain to the store manager and/or the ASDA CEO. Include redacted copies of receipts/card statements to show how much the keeper normally spends.

You should also complain to your MP about this unregulated scam.

Coupon-mad

A lessee is a landholder, as a lease means they have title in the land.

Complaint must be tried (and exhausted) WELL before POPLA is even tried.

Asda do use ParkingEye and they have a PARKINGEYE USER MANUAL with a very simple system for situations like this, with a ParkingEye cancellations email in it (tell the Asda manager that, if they try the old chestnut 'we don't own the car park' lie).

That POPLA appeal is nothing like we see used, but you won't need it.

Weekendrunner

Thank you Coupon-mad & Fruitcake for your feedback and input on this. Much appreciated.

I will post an update once I've spoken to the Store Manager at Asda.

Weekendrunner

Hi,
I had the opportunity today to speak to the Store Manager at Asda today. He initially said that as I have already appealed to PE there was very little that he could do. He went on to say that if I had come to him soon after the notice had been issued then he would have been able to have done something about it.
I went prepared and took along all my Bank statements and highlighted all the instances where I had shopped with that particular Asda store. This amounted to £937 over the last 5 months. On the day of the incident, I had spent £49.97.
According to the Store Manager £49.97 was not enough to justify staying over the 2 hour free period !
I asked him to take into account the fact that I had been a loyal customer (12 years) and that this was the first time that I had gone over the time limit. This didn't seem to wash with him.
The Store Manager provided me with the Asda head office customer services phone number to see if they are able to cancel the charge but he said that they may not be able to doing anything either.

Finally, he did agree to submit a request to cancel the charge and I saw him typing information into a PC Terminal (I could see the Asda Parking Fine banner at the top of the page). I was asked for the last 4 digits on the card that I had paid on the day of the incident. He was then able to show the transaction price and an itemed list of what had been purchased (so why do they ask for a receipt ??).
I now have to wait a week for a letter from ParkingEye as to the decision on this.

The reason why I didn't complain to the Store Manager initially was that a year ago I had a similar PCN from Highview at a Tesco store in Sandwell. On that occasion I had the parking voucher but the ANPR system did not recognise my vehicle after entering the registration at the terminal. Luckily, I had decided to keep the parking voucher and sure enough a PCN came through a few weeks later. I complained to customer services at the store and was fobbed off saying that "it was out of their hands" and that I should of let them know at the time if there was an issue with the terminals. Anyway, I wrote to Highview and provided receipts and the voucher and details of which terminal I used upon exiting the carpark. Highview subsequently then cancelled the PCN.
So my prior experience of raising this type of issue directly with the Store in question had not been productive.
I will update here when I receive a response from PE but I'm also aware that my 28 days to appeal to POPLA will have reduced if the PCN is not cancelled.

Redx

I would raise a trouble ticket complaint about it on the head office website (Leeds)

tell them about the above and insist on a cancellation, mention all the purchases and loyalty etc

ALWAYS , ALWAYS complain to the retailer or landowner , never leave it

Weekendrunner

would raise a trouble ticket complaint about it on the head office website (Leeds)

tell them about the above and insist on a cancellation, mention all the purchases and loyalty etc

Yes, good idea. I will raise this with Head Office as well.

Coupon-mad

According to the Store Manager £49.97 was not enough to justify staying over the 2 hour free period !

According to ParkingEye User Manuals, the secret 'floor limit' is anything above £30.

Wait till next week then log into the P/Eye website to see if it says 'cancelled'.

Anyway, I wrote to Highview and provided receipts and the voucher and details of which terminal I used upon exiting the carpark. Highview subsequently then cancelled the PCN.

With Highview, they cancel as soon as they see our template appeal! ONE EMAIL! So pleased you didn't give up & pay them, but that one would have been so easy, had you been on here at the time.

Weekendrunner

Thanks Coupon-mad for the feedback.

I have now sent a complaint to Asda HQ to question their interest in holding on to loyal customers with the ultimatum that I will take my custom elsewhere depending on what their views are on this situation.

If £30 is the minimum threshold then it looks as if I've been given a bit of a run-around by the Store Manager. He definitely made it hard work for me and even asked me to put myself in his position and put forward the reasons for cancelling the PCN.

I did stay calm throughout all the discussions with the Store Manager (20 minutes) although I was quite disgusted by the attitude and lack of acknowledgment for the amount of custom I'd given to this particular store. Anyway, I hope this will have been enough for them to cancel the PCN as I'm quite feed up with this whole issue.

In the meantime , I really appreciate all the input, feedback and encouragement from those who have posted on this thread so far.

Weekendrunner

Hi,

I received another letter today from ParkingEye and the PCN has now been cancelled. I've not received a reply back from Asda HQ as yet. So glad this is now come to an end. Thank you all for your advise and guidance. I have learnt my lesson and, as originally suggested, discuss with the Retailer to get the PCN cancelled in the first instance.

Thank you.