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Parking Eye Crown Wharf Walsall fine do I appeal or ignore
toni2014
Forumite 8 Posts
Was visiting my partner in Walsall and went shopping on the weekend, we were not familiar with the parking rules/area, didn't realise we needed a ticket and received a PCN from Parking Eye yesterday
I suspect we may receive another fine as we visited Crown Wharf twice on the weekend!
Having read a few posts on MSM what is the general consensus? Do I ignore all letters from them demanding me to pay the fine? or shall I appeal?
Not sure if this is relevant but we did do some shopping
I suspect we may receive another fine as we visited Crown Wharf twice on the weekend!
Having read a few posts on MSM what is the general consensus? Do I ignore all letters from them demanding me to pay the fine? or shall I appeal?
Not sure if this is relevant but we did do some shopping
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you received parking invoices for breaking their "rules"
the word fine wont be anywhere on the paperwork
you have also missed reading the sticky thread at the top of this forum , for NEWBIES to read, tells you everything you need to know
in a few months time it will be 2 YEARS since the law changed due to POFA 2012 , meaning only a fool would ignore a pcn , so dont ignore any in england or wales
if you ignore PE you will be in small claims court in a few months time
I shall certainly read the sticky thread, cheers
Also I seem to recall the 'Successful Complaints about PPCs' sticky thread (collated by Crabman in his 'Parking board stickies' post near the top of the forum), has at least one PE case cancelled when a customer with receipts has kicked up a stink with the Centre or retailer Store Management.
ALWAYS COMPLAIN as well as doing the stupid 'appeal' - the customer is King! This isn't a fine. It's an insult.
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:
1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) Enclosed photocopy of River Island receipt of goods purchased
Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:
- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.
- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.
- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).
Take formal note:
(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.
(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.
(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.
By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.
Yours,
{the registered keeper's name}
anything else i should add to the appeal?
anything else i should add to the appeal?
Despite all we think about and deride PE for, they are generally receptive to 'proof of purchase' evidence, and often cancel charges.
Even if they don't, come back and we will see you through to success on this. Don't worry!
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.