ParkingEye Notice received 21 days later

Rod74_2 · 19 April 2017 at 10:22AM

Hi all,

Really hope there is something I can do with regards to this and someone here can help me, as the thought of paying this company £100 makes me feel ill!!! They have just written back rejecting my letter of appeal - and now advise I either pay up or take this further with POPLA.

Here is the situation (in brief!) -
On the 11th March I entered the car park at the Wye Valley Visitor Centre in Ross-on-Wye. I had no idea there was now Pay and Display in this car park, and had no change - so walked straight into the Reception area got change, and paid £3 for 4 hours at the parking meter. When I left the car park my ticket was still within the 4 hours (by around 5 / 10 minutes).

21 days later (1st April) I received a Parking Notice Charge from ParkingEye (letter issued 29 March) requesting £100, for the time my car was in the car park - 4 hours 11 minutes.

Here is where I wish I had looked on this forum - as I was so annoyed that I instantly typed and posted a letter stating -
- that I received the letter 21 days later,
- explained about getting change to get a ticket,
- left within the 4 hours on ticket,
- that I entered my Registration Number in the Parking Meter so the times on my ticket could be verified.

Another thing, two days before receiving the Parking Notice I cleared out my wallet of old receipts..... and remember the Parking Ticket being binned at that time. So unfortunately no longer have the ticket.

Yesterday (18th April), I received a letter predictably rejecting my letter of appeal.

Am still determined to fight this and appeal to POPLA...... but this time, I going to take my time and do a little research - and hope that someone out there has some advice?!

Thanks for reading.

Umkomaas · 19 April 2017 at 10:59AM

Plenty of research to be done, starting with the NEWBIES FAQ sticky, post #3 where there are some off the shelf POPLA appeal templates to use.

With such a marginal case (for the PPC) as yours appears, with a piledriver appeal, developed from your research, the templates and other appeal points gleaned from other threads, ParkingEye almost always capitulate and not contest the appeal. Then it's all over.

You will need to look to develop (copy) appeal points that include:

No keeper liability, including Notice to Keeper errors (PoFA 2012)
No Contract to manage parking
No Locus Standi
Signage
Consumer Rights Act 2015
BPA Code of Practice breaches
Why Beavis doesn't apply in your parking event

Have you complained - and explained (as you have above) - to the Wye Valley Visitor Centre? They are likely to have the power to cancel this - and this is the most potent of weapons for you to use. Contact them (in writing) to let them know how their contractor has just ensured that you and your family will never visit them again. If they don't play ball, then warn others of the danger of parking there by posting on their TripAdvisor, Facebook, Twitter pages.

Undertake both above in parallel. Don't miss your POPLA deadline as PE are nasty and sue up to 25,000 motorists a year.

Rod74_2 · 19 April 2017 at 12:07PM

Thank you so much for your quick reply! Such a lot of great info to take in. Yes, a lot of research to be done - can't deny I'm finding it all a bit daunting as I'm not legally minded at all, but am definitely taking it further.

Great suggestion to contact the Wye Valley Visitor Centre - will do that now!!!

Thanks again

Umkomaas · 19 April 2017 at 12:15PM

I'm not legally minded at all

Nor am I, certainly I'm not legally qualified. But you don't necessarily need to understand full legalities to copy and paste, just as long as you don't blindly copy and paste. So spend a bit of time reading each appeal point a few times so you start to get the gist, rather than seeing nothing but a sea of words. Things will start to fall into place after a few passes - I promise.

Rod74_2 · 19 April 2017 at 12:31PM

Copy and paste is something I can do - brilliant stuff, will get reading.

Been on the Wye Valley Visitor Centre website and their 'Parking Notice' section is 'under maintenance'! Plus no e-mail address to contact them...... a letter it is then!

Thanks again for replying

Coupon-mad · 19 April 2017 at 6:12PM

21 days later (1st April) I received a Parking Notice Charge from ParkingEye (letter issued 29 March) requesting £100, for the time my car was in the car park - 4 hours 11 minutes.

Ouch - sounds like that was a non-POFA PCN as well, a slam-dunk win for a keeper appellant who doesn't say who was driving. Sounds like you chucked that winning appeal point in the bin which makes painful reading.

There are other appeal points but 'no keeper liability' the easiest one of all, if you get the 'golden ticket' of a non-POFA (late) PCN from PE.

Rod74_2 · 20 April 2017 at 10:18AM

Thanks for the reply. I know this will sound naive (but I am in this matter!), but what did I do to throw my best appeal point in the bin? And is there anyway back?!!!

Plus, from reading my initial thread - what did you see as my other appeal point?

Have now written to the Wye Valley Visitor Centre in hope they will contact PE to cancel this. But am unsure if they have the power to do this?

Thanks for any help & advice

waamo · 20 April 2017 at 10:26AM

It sounds like you have admitted being the driver. The law allows them to pursue the keeper of a vehicle if the driver is not known. They have to jump through several hoops to do this. They have failed to make at least one of those jumps.

This means they are now, in a legal sense, only able to persue the driver. Having admitted being the driver makes their job a little easier. Had you not have done so you would have won at POPLA with ease by stating they are chasing the keeper when they should be chasing the driver and as they don't know who was driving their case falls apart.

Rod74_2 · 24 April 2017 at 10:20AM

Thanks for the reply waamo. Yes, am kicking myself for rushing into that first letter without checking here first. Am still preparing a letter for POPLA - but wondering if there is now any point? Do you feel I've already blown any chance of the appeal being successful?

waamo · 24 April 2017 at 12:44PM

No, you stand a very good chance of winning. All that's happened is that the odds have dropped from 99% certain to about 85% so it's far from hopeless.

Coupon-mad · 24 April 2017 at 7:45PM

Rod74 wrote: »

Thanks for the reply waamo. Yes, am kicking myself for rushing into that first letter without checking here first. Am still preparing a letter for POPLA - but wondering if there is now any point? Do you feel I've already blown any chance of the appeal being successful?

Of course, that's why I said:

There are other appeal points

...which I hope by now you will have found in the templates in the NEWBIES thread, POPLA (and its IPC rival) is what post #3 of the sticky thread at the top is all about, points already written to piece together into a long appeal to see them off.

ParkingEye Notice received 21 days later

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free