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  • FIRST POST
    • Pandatown4
    • By Pandatown4 8th Jun 18, 12:32 PM
    • 20Posts
    • 3Thanks
    Pandatown4
    Tower road newquay
    • #1
    • 8th Jun 18, 12:32 PM
    Tower road newquay 8th Jun 18 at 12:32 PM
    Hey everyone
    new to the forums so sorry if any of this comes out wrong.


    I recieved a parking charge notice in the post from parking eye for tower road newquay.
    Theyre stating that the vehicle entered the car park at 10:28:18 on the 26/05/18 and left at 13:40:01 same day
    at 3 hours 11 minuets theyre claiming the driver has overstayed their 3 hours parking by 11 minuets.


    I've read through the newbies guide about putting in an initial rejection to parking eye and i was hoping you guys would look it over?


    heres what I have:


    Dear Sir/Madam,

    Re PCN number:

    I appeal and dispute your purported 'parking charge', as the keeper of the vehicle. I deny any liability.

    There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract.



    British Parking Association code of practice clause 13.2 states:
    If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.


    Furthermore clause 13.4 states:
    You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.


    Therefore the 11 minuets total excess you claim on 3 hours parking from the time of entry to the car park at 10:28:18 to the time of leaving 13:40:01 are well within the entitled grace periods set out by the British Parking Association.


    Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

    Should you fail to cancel this PCN, I require the following information with your rejection letter:

    1. Provide all images taken of this vehicle on that day and the signs at the material location and do not withhold any images or data later relied on for POPLA or court.
    2. Explain why you operate in disregard of the GDPR and ICO rules. Nowhere do you inform the public of their right to subject access - why not?


    I will be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to both my MP and the MP of Newquay ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

    Formal note:

    Service of any rejection letter/POPLA code and/or any legal documents by email is expressly disallowed. All responses to me from this point forward must be made by the Royal Mail postal service. Regardless of any MCOL online system, in this case, service of any court claim must only be made by first class post to the latest address provided by me.

    Yours faithfully,

    Keeper

    Address


    THE DRIVER IS NOT IDENTIFIED.


    So what do you guys think? too much? not enough? I've heard some people say something about addding "without prejudice" to a letter is this the case here?
    Last edited by Pandatown4; 08-06-2018 at 12:57 PM.
Page 1
    • Castle
    • By Castle 8th Jun 18, 12:36 PM
    • 1,818 Posts
    • 2,486 Thanks
    Castle
    • #2
    • 8th Jun 18, 12:36 PM
    • #2
    • 8th Jun 18, 12:36 PM
    Did you keep your parking ticket?
    • Quentin
    • By Quentin 8th Jun 18, 12:37 PM
    • 36,346 Posts
    • 20,595 Thanks
    Quentin
    • #3
    • 8th Jun 18, 12:37 PM
    • #3
    • 8th Jun 18, 12:37 PM
    You say you have read the FAQ


    This gives you a template appeal to use designed to get you a POPLA code


    The FAQ advises never to reveal who was driving - you need to edit your post to remove details of who was driving
    • Pandatown4
    • By Pandatown4 8th Jun 18, 12:55 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    • #4
    • 8th Jun 18, 12:55 PM
    • #4
    • 8th Jun 18, 12:55 PM
    sadly not this was nearly 2 weeks ago
    • Pandatown4
    • By Pandatown4 8th Jun 18, 12:59 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    • #5
    • 8th Jun 18, 12:59 PM
    • #5
    • 8th Jun 18, 12:59 PM
    hey quentin thanks for the advice aboutt changing the post is that fixed now? isit advised to just submit the template with the necissary details (reg and ref number?)
    • Redx
    • By Redx 8th Jun 18, 2:47 PM
    • 18,525 Posts
    • 23,450 Thanks
    Redx
    • #6
    • 8th Jun 18, 2:47 PM
    • #6
    • 8th Jun 18, 2:47 PM
    yes, use the above template with any details like pcn ref etc , as KEEPER, on the PE website , forget about adding "without prejudice"


    post #1 seems ok to me, so I assume you have edited out any details on who was driving on the day


    clearly they seem to think they can flout the january 2018 BPA CoP so glad to see those details are in the appeal above


    if they dont cancel, then use those same clauses and various other legal arguments to win at popla
    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
    • The Deep
    • By The Deep 8th Jun 18, 3:19 PM
    • 9,722 Posts
    • 9,552 Thanks
    The Deep
    • #7
    • 8th Jun 18, 3:19 PM
    • #7
    • 8th Jun 18, 3:19 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • Pandatown4
    • By Pandatown4 9th Jun 18, 1:35 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    • #8
    • 9th Jun 18, 1:35 PM
    • #8
    • 9th Jun 18, 1:35 PM
    the driver had a look arround and managed to find the parking ticket time stamped at 10:35
    Last edited by Pandatown4; 09-06-2018 at 8:47 PM.
    • Pandatown4
    • By Pandatown4 9th Jun 18, 1:37 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    • #9
    • 9th Jun 18, 1:37 PM
    • #9
    • 9th Jun 18, 1:37 PM
    Hi Redx some people are saying I should just submit the template and not edit it at alll?
    Last edited by Pandatown4; 09-06-2018 at 2:59 PM.
    • Redx
    • By Redx 9th Jun 18, 2:35 PM
    • 18,525 Posts
    • 23,450 Thanks
    Redx
    everybody has their own opinion and normally we tell people to do exactly that, usually to avoid those same people from blowing their own toes off


    however, if a PPC has breached the CoP like for example clause #13 - grace periods, I see no harm in being upfront about it from the off, so is what I would do from a keepers perspective and so I didnt see anything wrong in your amended appeal


    I believe in pointing out their shortcomings, once identified, from the get go


    what we do not want is people going off piste and falling down a steep ravine with an avalanche heading their way
    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
    • Pandatown4
    • By Pandatown4 9th Jun 18, 2:59 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    thanks for the advice red ill see if it lets people add attatchments because if it does i can add a photo copy of the parking ticket
    • Redx
    • By Redx 9th Jun 18, 3:01 PM
    • 18,525 Posts
    • 23,450 Thanks
    Redx
    thats fine to attach a copy of your evidence as well as the appeal written earlier, as long as its clear that the DRIVER has provided the KEEPER with the paid for ticket (hint) as proof that the parking contract was valid and not broken either
    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
    • Pandatown4
    • By Pandatown4 9th Jun 18, 8:21 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    thats a very good point red ill be sure to emphasise that the driver supplied it. all in all it prooves the ticket was bought 7 minuets after arrial and the car left 5 minuets after expiry all of which is covered by grace periods.
    • Coupon-mad
    • By Coupon-mad 9th Jun 18, 8:56 PM
    • 59,555 Posts
    • 72,717 Thanks
    Coupon-mad
    Absolute scam, isn't it?!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 9th Jun 18, 9:14 PM
    • 18,404 Posts
    • 29,140 Thanks
    Umkomaas
    About time the BPA started cracking down on PC flagrant overlooking of the mandatory grace periods contained in its Code of Practice, in the hope that a naive motorist will blindly cough up.

    Freakin' chancers!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Pandatown4
    • By Pandatown4 9th Jun 18, 9:19 PM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    coupon mad your damn right they dont even follow their own rules greed personified
    • Pandatown4
    • By Pandatown4 8th Jul 18, 11:43 AM
    • 20 Posts
    • 3 Thanks
    Pandatown4
    POPLA tower road newquay
    So I've got my POPLA code and im ready to get to work writing the appeal. I've seen a few winning poplas for this exact car park using the same arguments I wanted to use (grace periods, poor signage). I was wondering if its ok to use these as templates and change the details to match my PCN or is it better to write them from scratch? If i should use iit as a template ill fill in my own version in the comments with a link to the original.


    Edit: I've just remembered when I got my rejection email saying id lost the "initial appeal" I recieved 2 near identical emails. One saying that the Driver hadn't paid for sufficient parking one saying that the driver hadn't paid for any parking. is this something I can use? do I reference the email with a screenshot saying the driver didn't pay to park then show my parking ticket and ignore the other email to help discredit the claim?
    Last edited by Pandatown4; 10-07-2018 at 10:29 AM. Reason: remembered extra details
    • Fruitcake
    • By Fruitcake 8th Jul 18, 12:14 PM
    • 37,027 Posts
    • 83,647 Thanks
    Fruitcake
    If you have an appeal that was previously successful for the same place, and your situation matches, then I would base your appeal on that one.

    Just make sure you use ALL the relevant appeal points available to you from post 3 of the NEWBES that are relevant.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • The Deep
    • By The Deep 8th Jul 18, 12:37 PM
    • 9,722 Posts
    • 9,552 Thanks
    The Deep
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • KeithP
    • By KeithP 8th Jul 18, 2:37 PM
    • 8,089 Posts
    • 7,963 Thanks
    KeithP
    Is this a continuation of the story started here?...



    But to answer your question... copy anything you like.
    .
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