Parkingeye Plan B

jetunia

Hi All

I red many posts, but I haven't found similar example jet (if it is please link me it) and I'm not sure that I'm on good way. 
I received PCN reminder on.2.6.23 for parking KFC Ellesmere Centre before opening hours - date event 14.5, date issued 18.5, date of the letter 27.5 .
 I sent appeal in 10.6 as below:

"You issued me with a parking ticket on 18.05.23 but I believe it was unfairly. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:

• There was insufficient signage

The car park in question has no 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 car park is part of huge shopping centre where there is FREE PARKING with a time limit and this is visible on the sign. Other information is in small letters and readable after walking close to sign

• The notice to keeper is incorrect
  The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. The Notice arrived in June which means much later than 14 days.

• 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 this case, the £100 charge you are asking for far exceeds the cost to the landowner. I therefore feel the charge you have asked for is excessive."

I received on 27.6 email with that letter:

"Dear Sir / Madam, Thank you for your correspondence in relation to the Parking Charge incurred on 14 May . We are writing to advise you that your recent appeal has been referred for further information. 

You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was. 

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the full name and the current postal address of the driver. You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act. Please note, if you have made or wish to make an appeal on behalf of the driver, and you do not provide the full name and current postal address of the driver, Parkingeye will be obliged to deal with the representations made in your name. 

Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided. "

And now I worried , should I replay for this email?

What next step should I do?

I apologize in advance for my English as it's not my first language and I'm asking for your understanding.

Big thanks for any advices.                          

Coupon-mad

Ignore it and wait for your POPLA Code.

Stop reading the sadly awful MSE Guide to Fighting Parking Tickets. It is hopeless to argue there was 'no loss' so 'MSE Towers' should not be telling people to put that.

Try a COMPLAINT TO THE RETAILER now.  Do that urgently. They can cancel it.

jetunia

Hello 
I received  the refusal to appeal and no POLPA:
"Parkingeye have previously requested further evidence in response to the appeal that was submitted and provided 28 days for this to be sent to us. The 28-day period has now passed, and we are not in receipt of any further correspondence or evidence to confirm that the terms were not breached. Parkingeye are a member of the British Parking Association and can confirm that there is adequate signage outlining the terms and conditions at this site.

We are writing to advise you that your appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure.
If you wish to have your case independently assessed, please be advised, there is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed. See also www.popla.co.uk By law we are also required to inform you that Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence. If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, and the full value of the charge will be outstanding. If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and the remaining balance will be due."

Which arguments are best to use in an appeal to POLPA?
Thank you

Coupon-mad

Those in the POPLA section of the NEWBIES thread.

YankeeBrit

jetunia said:

I received  the refusal to appeal and no POLPA:

If you wish to have your case independently assessed, please be advised, there is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed.

Are you sure there is no POPLA code included with your appeal rejection?

jetunia

YankeeBrit said:

jetunia said:

I received  the refusal to appeal and no POLPA:

If you wish to have your case independently assessed, please be advised, there is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed.

Are you sure there is no POPLA code included with your appeal rejection?

I'm sorry for the misunderstanding.  "no POLPA" means number POLPA,  I received nr ref. at the top of the  letter

YankeeBrit

OK. That's the POPLA code you need to use when you make your POPLA appeal. They say it lasts for 28 days but it actually lasts about 32 days.

jetunia

YankeeBrit said:

OK. That's the POPLA code you need to use when you make your POPLA appeal. They say it lasts for 28 days but it actually lasts about 32 days.

Thanks, I'll check which argument in my situation I can use in POPLA appeal