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ParkingEye parking charge notice

2

Comments

  • Coupon-mad
    Coupon-mad Posts: 130,639
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    edited 7 July 2018 at 9:07PM
    The issue with the sign for them, is that it is forbidding, and creates no contract.

    It says 'NO PARKING' outside of the opening hours which is not only unworkable (of course customers are going to rock up early and do as you did, stop and find out the opening hours and either wait, or leave). Otherwise no customer could even arrive 5 mins before opening time. Ludicrous term.

    There is no parking licence offered to people before 10.30am on a Sunday, so no consideration, nothing of value on offer and the parking terms as drafted appear to relate to cars parking after 10.30am on a Sunday, not arriving and leaving outside of the offered contract.

    So yes, this can be argued (very clearly, because they are not the brightest bunnies nor legally qualified) at POPLA stage. Not needed now.
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  • Umkomaas
    Umkomaas Posts: 41,256
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    edited 7 July 2018 at 8:38PM
    even though this was earlier correctly hinted as an allegation of trespass rather than overstaying the stated parking time limit?
    Fixed that for you, you seem to have missed out a word! :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Thank you both. I'll get it done today and update accordingly. :)
  • What should I enter for my reason to appeal? My choices are:

    I was a customer on site
    I was a visitor / gues of the site
    I was working on site
    I paid for parking
    I entered an incorrect registration into the payment machine / terminal
    I was a patient
    I had difficulties with my vehicle on the day
    I had a valid permit
    I was not the driver of the vehicle
    Other


    I'm inclined to go with "Other", but don't want to get it wrong! I've no idea if it makes any difference to anything?
  • KeithP
    KeithP Posts: 37,432
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    "Other" is the correct option.

    All the others use the word 'I', implying that it is the driver appealing.
  • Need I include my photographs of the sign with the appeal?
  • KeithP
    KeithP Posts: 37,432
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    I thought you were going to send the standard blue text template appeal?

    Post #12 said:
    ...this can be argued (very clearly, because they are not the brightest bunnies nor legally qualified) at POPLA stage. Not needed now.

    Send the template appeal unchanged.
  • I am, but their appeals page required me to tick a box confirming the following:
    I confirm I have attached all supporting information available to me, and understand that I will be unable to provide any additional evidence at a later date, unless specifically requested by ParkingEye


    Should I submit the sign photo, or leave it for now?
  • KeithP
    KeithP Posts: 37,432
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    I am, but their appeals page required me to tick a box confirming the following:



    Should I submit the sign photo, or leave it for now?
    That sentence refers to your appeal to PE. You only get one shot at that.

    At the PoPLA appeal stage you can add photographs, and much more supporting argument, and that is nothing to do with the initial appeal to PE.

    Again... send the template appeal unchanged.
  • greenpenguin_2
    greenpenguin_2 Posts: 14 Forumite
    edited 8 July 2018 at 2:05PM
    Thank you, standard blue text appeal submitted. :)


    Edit - just to add, I've also emailed The Range with my PE reference number and registration plate outlining what happened, and asking for any assistance they may be able to offer. I'm not hopeful but it all helps, eh?
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