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    • Umkomaas
    • By Umkomaas 31st Dec 13, 9:10 PM
    • 23,720 Posts
    • 37,947 Thanks
    Umkomaas
    Wow, a PPC showing some degree of common sense, even a modicum of intelligence. Not in the script, surely. Won't please their peers! Letting the side down.

    Well done! Care to share who?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
  • Boult22
    CP Plus Ltd (PO Box number in Boreham Wood)
    • AoD
    • By AoD 2nd Jan 14, 2:56 PM
    • 166 Posts
    • 219 Thanks
    AoD
    This thread is for "Successful complaints about private parking tickets".

    Please start your own thread so the regulars can help you.
    • Italianboy
    • By Italianboy 4th Jan 14, 10:32 AM
    • 12 Posts
    • 17 Thanks
    Italianboy
    Parking Eye @ Morrison's - Successful POPLA appeal
    Dear MSE users out there, I am going to type what POPLA wrote on the letter that I've finally received in December, after my wife overstayed at Morrison's Wood Green (London) in July.

    "On the *******2013 at Morrison's ******, the appellant was issued with a parking charge notice for breaching the terms and conditions of the parking site.
    It is the operator's case that the appellant's vehicle overstayed the maximum stay of 2 hours at the parking site.
    There is evidence to support tat there was adequate signage erected at the site to inform motorists of the parking terms and conditions.
    There is also evidence from the operator's automatic number plate recognition system which shows the appellant's vehicle, reg ***** enter the site at ****and exit at ***** a total stay of ****.
    The appellant has made a number of submissions, however I will only elaborate on the one submission that I am allowing this appeal on, namely that the parking charge amount is not a genuine pre-estimate of loss.
    The signage produced by the operator states that a failure to comply with the terms and conditions will lead to a charge of 85 being issued. This wording indicates that the charge represents damages for a breach of the parking contract and therefore the charge must be a genuine pre-estimate of loss.
    The burden is on the operator to prove that the parking charge is a genuine pre-estimate of loss. Although the operator has produced a breakdown of costs incurred in managing the parking site, this is a general list of operation costs and does not address the loss that was caused by the appellant's breach of the terms and conditions of parking.
    The operator has stated that there is a commercial justification for the parking charge and they have listed general business costs, however this cost does not amount to commercial justification.
    The operator states that they have incurred the cost of, amongst other things, the erection and maintenance of signage in the site. However these costs were not incurred as a direct result of the alleged breach, but would have been incurred regardless of whether the appellant breached the terms and conditions of the parking site. I am therefore not satisfied that the operator has proved that the amount of the parking charges is a genuine pre-estimate of loss.
    In consideration of all the evidence before me, I find that the operator has failed to prove that the parking charge is a genuine pre-estimate of loss.
    Accordingly, this appeal must be allowed.

    *************
    Assessor"


    If you want to know the whole story have a look at my thread, but it is nothing different from other PCN issued to thousands of motorists like me and you.
    I am so happy to have won, and it is all down to MSE, so thank you again !
    • Stroma
    • By Stroma 4th Jan 14, 11:26 AM
    • 7,917 Posts
    • 8,408 Thanks
    Stroma
    The above should be on the popla thread, but well done anyway
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    Anti Enforcement Hobbyist Member
    • prosnap
    • By prosnap 4th Jan 14, 7:00 PM
    • 365 Posts
    • 395 Thanks
    prosnap
    Parking Eye chickened out on me today. I sent this appeal to their charge notice .....





    I was the driver of this vehicle at the time of this "Mickey Mouse" charge


    Following legal advice, I wish to challenge this PCN.


    My challenge is partly based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue against you, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld.


    If you do reject the challenge and insist upon taking the matter further I must inform you that I will claim my expenses from you. The expenses I will claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.



    1. Your ANPR equipment is obviously faulty. The two photos that you have provided represent two separate visits to the services. Proof will be provided in court should you decide to take this any further.



    2. Your claim is not a
    genuine pre-estimate of loss.



    3. I believe your company does not have sufficient interest in the car park to issue contracts to anyone.

    (BPA CoP Section 7, a landowner contract must specifically allow Parking Eye to pursue charges in your own name in the courts and grant you the right to form contracts with drivers. I require Parking Eye to produce a copy of the contract with the landowner as I believe it is not compliant with the CoP and without it, Parking Eye have no legal standing nor authority at this site which could impact on visiting drivers.)

    If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

    You have been given the reasons for the appeal above. I have nothing further to currently add, and will not respond to any correspondence from your company unless it contains the POPLA code.

    Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.



    Yours Faithfully










    They then send this email today ......




    Dear Sir / Madam,
    We refer to the Parking Charge incurred on ** December 2013 at 00;00;00, at Welcome Break ***** (South) car park.
    We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account.
    Kind Regards,
    ParkingEye Team












    Are they starting to run scared? ...... And when did I set up an account?

    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
    • trisontana
    • By trisontana 4th Jan 14, 7:28 PM
    • 9,028 Posts
    • 13,969 Thanks
    trisontana
    "Kind regards" they say through gritted teeth.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Bubbles_Barker
    Success!

    Having sent a template letter to Highview regarding a 125 'fine' for staying too long in Hereford Retail Park I wrote directly to Sebastian James, the CEO of Dixons. Got a letter back from Dixons - very polite, saying if I sent them the details of the 'fine' they would get in touch with Highview via the retail park and try and get it overturned. Got a call today from the park manager saying that it had indeed been overturned and to ignore any further demands.
    Thank you Sebastian James and to this site for all the good advice and templates!
    • prosnap
    • By prosnap 5th Jan 14, 11:21 AM
    • 365 Posts
    • 395 Thanks
    prosnap
    Did you ask for that in writing?
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • Bubbles_Barker
    Didn't need to - a letter is 'in the post'.
    • gingercheapskate
    • By gingercheapskate 6th Jan 14, 10:09 AM
    • 42 Posts
    • 15 Thanks
    gingercheapskate
    This is the short version but I wanted to share my success with you all!

    I received a windscreen fine from NPE in Norwich on Earlham Road in a parade of shops and appealed it. This was in August. I received a rejection letter. Having spoken to several people I ignored it (doh) and received a debt collector letter for 149 which expired on 3 Jan.

    As a result of advice on here I phone Co Op Head Office and the first person I spoke to said they would send me a cheque for the full amount by Special Delivery as they are having trouble getting these charges cancelled so would rather pay so I'm not being chased.

    I'm a bit sad that the company get their money but am relieved it's over.
    • Coupon-mad
    • By Coupon-mad 6th Jan 14, 10:28 AM
    • 73,486 Posts
    • 85,603 Thanks
    Coupon-mad
    Astonishingly stupid of the Co-op, this is their members' money and they do not have to pay these. Also do not for one moment pay NPE up front (imagine if the Co-op don't actually send the cheque to you!) and in any case under the POFA 2012 they can't claim 149 anyway, it's too high.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • A Condom Up
    "in any case under the POFA 2012 they can't claim 149 anyway"

    Actually the POFA 2012 doesn't apply to situations like this. I refer you instead to section 32 of the 1986 Salmon Act where this sort of controversy is covered specifically.

    legislation.gov.uk/ukpga/1986/62

    Regards
    • Coupon-mad
    • By Coupon-mad 11th Jan 14, 10:46 PM
    • 73,486 Posts
    • 85,603 Thanks
    Coupon-mad
    Nice try at fishing, Cam O'Pound.



    x
    Last edited by Coupon-mad; 11-01-2014 at 10:55 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • bod1467
    • By bod1467 12th Jan 14, 10:21 AM
    • 14,794 Posts
    • 13,463 Thanks
    bod1467
    You got a stalker C-M?
    • Coupon-mad
    • By Coupon-mad 12th Jan 14, 6:20 PM
    • 73,486 Posts
    • 85,603 Thanks
    Coupon-mad
    Found out it was friend not foe!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • spartahawk
    succesfull appeal - strikers Pleasurebowl Tamworth (Namco)
    Hi All,

    Firstly thank you -

    I was all set to ignore the letters from parking eye, and was looking forward to laughing at their pathetic approach each attempt at communication.

    on reviewing these forums, it was apparent i needed a change of approach.

    i was 15 minutes over a 3 hour limit "managed" by parking eye.
    i received a letter demanding 100, or 60 if i paid with a few days.

    i called the manager at our local strikers pleasure bowl, Tamworth, expressed anger about the situation, he checked i was a customer, and has now contact parking eye to cancel.

    I am yet to receive conformation from Parking eye - but i feel the matter is now dealt with.

    thanks again forum crew!
    • Squibworth
    • By Squibworth 21st Jan 14, 12:07 PM
    • 33 Posts
    • 39 Thanks
    Squibworth
    Starbucks Customer Care (Impeccable)
    Folks,

    Starbucks Central Customer Care, Parking Eye Ltd, WB South Mimms (M25)

    CANCELLED BY STARBUCKS CUSTOMER CARE.

    I have today received official notification from a nice chap at Starbucks Customer Care whom I approached with my gripe about being sent a fake PCN.

    Chap moved heaven and earth to get the PCN cancelled relatively easily.

    If anyone has any issues with WB South Mimms I would make SB the first port of call
    • zoonyx
    • By zoonyx 22nd Jan 14, 9:35 AM
    • 188 Posts
    • 149 Thanks
    zoonyx
    Folks,

    Starbucks Central Customer Care, Parking Eye Ltd, WB South Mimms (M25)

    CANCELLED BY STARBUCKS CUSTOMER CARE.

    I have today received official notification from a nice chap at Starbucks Customer Care whom I approached with my gripe about being sent a fake PCN.

    Chap moved heaven and earth to get the PCN cancelled relatively easily.

    If anyone has any issues with WB South Mimms I would make SB the first port of call
    Originally posted by Squibworth
    That's bizarre as the WB Starbucks are not all that much to do with Starbucks... it's clearly just about brand image. You can't even use Starbucks cards at WB.

    Well done! I need to post a link to my own success here:

    http://forums.moneysavingexpert.com/showpost.php?p=64354742&postcount=40

    TPS, Didn't display valid permit, TPS gave up before going to POPLA (but it was made clear we would be).
    Last edited by zoonyx; 22-01-2014 at 9:35 AM. Reason: hdf
    • Redx
    • By Redx 22nd Jan 14, 3:50 PM
    • 22,654 Posts
    • 28,773 Thanks
    Redx
    successful soft appeal against Smart Parking here

    http://forums.moneysavingexpert.com/showthread.php?t=4862027
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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