IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Parking eye 3hr parking overstayed 13mins
Options
xanthe<3
Posts: 10 Forumite
Parking eye 3hr parking overstayed 13mins
Hope someone can help guide me in the right direction... I shopped and ate at different shops at a local retail park .... babies being babies wanted feeding and our trip took longer than the 3 hours ...13 mins over .... can I appeal in anyway or shall I just pay the £85 or £50 if paid within 14days .. I overstayed on the 27th August...the letter is dated 3rd October but the letter arrived today 6th October...
Hope someone can help guide me in the right direction... I shopped and ate at different shops at a local retail park .... babies being babies wanted feeding and our trip took longer than the 3 hours ...13 mins over .... can I appeal in anyway or shall I just pay the £85 or £50 if paid within 14days .. I overstayed on the 27th August...the letter is dated 3rd October but the letter arrived today 6th October...
0
Comments
-
yes , please read the NEWBIES sticky thread , the blue text template is the appeal template
2 extra paragraphs need adding
1) POFA 2012 failure ( late NTK delivery)
2) grace periods - clause #13 of the BPA CoP
so you have 2 "golden tickets)
choose KEEPER when appealing, do not tell them who was driving , edit post #1 to ensure that NOBODY knows who the driver was (important)
this thread here has post #11 that I rewrote for somebody else that adds the clause #13 part
http://forums.moneysavingexpert.com/showthread.php?t=5693951
all YOU have to do is add another paragraph stating that they have failed POFA2012 due to late delivery of the NTK (as well, seeing as they failed on 2 important legal points)
also COMPLAIN to the retail park as an OCCUPANT of the vehicle and cite the EA2010 at them seeing as it may be in your favour if the babies are very young
extra time should be allowed for feeding mothers etc, plus clause #13 of the BPA CoP means any "overstay" that happened fell within the 2 grace periods alloowed , to park up , plus to leave as well0 -
Thank you so much for your help !
I'm rubbish at this .. is this right ?
Many thanks ����
Dear Sirs
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled. Also you failed POFA2012 due to late delivery of the NTK .
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,0 -
Dear Sirs
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge, mainly for the following two reasons.
You have failed POFA2012 due to late delivery of the NTK .
Also Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled.
Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.
I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,
yes its fine but I have amended the 2 points into separate bullet points and moved them up the appeal too , so use the one above , on their website , appealing as KEEPER in the drop down box (important)
never admit or infer who the driver was
EDIT
or use the edna basher one here
http://forums.moneysavingexpert.com/showthread.php?t=57309270 -
If there are several retail outlets, restaurants, hair salons etc. 3 hgours may not be enough time for you to shop. This may therefore be an unfair term in a consumer contract, read this
http://www.legislation.gov.uk/ukpga/2015/15/contents/enactedYou never know how far you can go until you go too far.0 -
Is it just my impression or are PE actually starting to issue more pcns for these 11 12 13 etc minute 'overstays' at the moment? Testing the water maybe?0
-
it seems that way, plus they think people are so thick that they wont query it
I have seen one recent thread on here that said 8 minutes !!
the BPA CoP says over 10 minutes to leave after a parking event
plus they are also failing to send some within 14 days , in some cases months later , so any excuse , despite POFA2012 and despite the BPA CoP clause #13 (in this case it was BOTH)0 -
If the appeal fails would I be required to pay £85.00 or £50.00 ? Many thanks0
-
you would be well advised to go to POPLA with a POPLA appeal
get it killed off at POPLA , for ZERO pounds
if you werent aware of this , you have not digested the information in that NEWBIES sticky thread that I had crabman tidy up last week0 -
Sorry I'm not at all good with computers... Newbie thread ?0
This discussion has been closed.
Categories
- All Categories
- 343.5K Banking & Borrowing
- 250.2K Reduce Debt & Boost Income
- 449.9K Spending & Discounts
- 235.6K Work, Benefits & Business
- 608.6K Mortgages, Homes & Bills
- 173.2K Life & Family
- 248.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards