PCN from Parking Eye from Holiday Inn Preston South - Company Car

recordplayer

Just to keep everyone in the loop.

I have sent, via e-mail, a copy of the Edna Basher first letter, which is the one described as being the first one the company sends and usually gets the PCN cancelled. I sent this to 3 e-mail addresses at Parking Eye Ltd:-

dpo@parkingeye.co.uk
enforcement@parkingeye.co.uk
info@parkingeye.co.uk

I received an immediate bounce message on the e-mail from Parking Eye's Office 365 hosted e-mail server advising me that it only accepts e-mail from people in it's organisation or on it's allowed senders list. I not this so no one else wastes time trying this e-mail address, it is clearly setup to block inbound e-mail attempts. I await a response on the other two addresses with interest.

A redacted copy of what I sent is included below

Dear Sir,

Parking Charge Notice XXXXXX/XXXXXX: Vehicle Registration XXXXXXX

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by ParkingEye Ltd (“ParkingEye”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why ParkingEye’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that ParkingEye has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. I also believe the signage present does not comply with the Lord Denning ‘Right Hand Rule’, I refer you to case law established by J Spurling Ltd. Vs Bradshaw (1956) EWCA Civ 3.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

I will keep you all informed of progress.

Thank you all and best wishes

Gr1pr

I thought they had an online webform appeal page  ?

The details are on the pcn 

Coupon-mad

The PCN doesn't let people appeal by email.