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  • FIRST POST
    • toffee_pie
    • By toffee_pie 12th Jan 19, 9:33 PM
    • 24Posts
    • 6Thanks
    toffee_pie
    Parking Eye 100 Fine - Welcome Break Warwick South
    • #1
    • 12th Jan 19, 9:33 PM
    Parking Eye 100 Fine - Welcome Break Warwick South 12th Jan 19 at 9:33 PM
    Hi All,

    Surprised to get this in the post yesterday - have done some googling and it looks like the driver can use lack of signage and identity of the owner as reasons to cancel this? can someone tell me if this is correct?

    Below is a photo of the exact spot where the driver parked (from 4:09am to 8:59am on 31/12/17 - a long drive from Livepool to Southampton and shattered so driver pulled in for a sleep, and did not even see any signs and did not know if these parking spaces were free or not.

    yes, its a scam and theese people need to be thought a lesson but the right words still need to get across to them to cancel these tickets.

    driver was given the usual letter in the post wtih grainy images of my car in the location in the photo in total darkess with the number plate visible.

    cheers guys
    Last edited by toffee_pie; 16-01-2019 at 9:00 PM.
Page 1
    • pogofish
    • By pogofish 12th Jan 19, 10:29 PM
    • 9,307 Posts
    • 9,759 Thanks
    pogofish
    • #2
    • 12th Jan 19, 10:29 PM
    • #2
    • 12th Jan 19, 10:29 PM
    Please start by having a good read on the Newbies Sticky - Then stick to your original thread!
    • toffee_pie
    • By toffee_pie 14th Jan 19, 12:23 AM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    • #3
    • 14th Jan 19, 12:23 AM
    • #3
    • 14th Jan 19, 12:23 AM
    Will this response to PE do? or is this more suitable for POPLA? Note - my parking ticket mentions 29 days warning on the reverse of the ticket under protection of freedoms act

    Re: PCN No. ....................

    The driver believes that your signs fail the test of 'large lettering' and prominence, as established in Parking Eye Ltd v Beavis. The signage where the keeper parked as visible from google maps show no signage at all with no clear indication as to whether or not fees apply or not

    At 4am when this alleged offence occurred it could not be expected a tired motorist who wants a rest to go walking around a car park to see read signs.

    The photos shown on the parking ticket are in total darkness with only the reg number illuminated, this clearly shows how dark the area is with no lightning.

    Therefore, 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.

    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,
    Last edited by toffee_pie; 16-01-2019 at 9:11 PM.
    • Redx
    • By Redx 14th Jan 19, 12:28 AM
    • 21,881 Posts
    • 27,485 Thanks
    Redx
    • #4
    • 14th Jan 19, 12:28 AM
    • #4
    • 14th Jan 19, 12:28 AM
    your addition needs spell checking plus its not an "offence as its a civil matter and I would maybe add to it as well, providing it is not a lease or hire vehicle ?

    At 4am when this alleged contravention occured it could not be expected for a very tired motorist who wants a rest as per government safety warnings to go walking around a car park in the dark to find and read unlit signs that may or may not have been there.


    The photos shown on the parking ticket are in total darkness with only the reg number illuminated, this clearly shows how dark the area is with no lighting.
    also put a complaint in to WB about the same issues, but as KEEPER, no mentioning who was driving
    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
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 12:39 AM
    • 68,624 Posts
    • 80,892 Thanks
    Coupon-mad
    • #5
    • 14th Jan 19, 12:39 AM
    • #5
    • 14th Jan 19, 12:39 AM
    If you have an additional thread about the same PCN, please let this one die and pick up the other one by replying on it at all stages.

    It helps us to help you to see every post in one thread and for no new threads to be started at all about the same PCN.

    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
    • toffee_pie
    • By toffee_pie 14th Jan 19, 1:01 AM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    • #6
    • 14th Jan 19, 1:01 AM
    • #6
    • 14th Jan 19, 1:01 AM
    Aside from the poor (ie no) signage what about the 14 day period of receiving a ticket? this was borderline (ticket received on Jan 11th, occured on Dec 31st) since these crooks lie all the time can you say you got the ticket on the 14th.?
    Last edited by toffee_pie; 14-01-2019 at 1:05 AM.
    • toffee_pie
    • By toffee_pie 14th Jan 19, 1:04 AM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    • #7
    • 14th Jan 19, 1:04 AM
    • #7
    • 14th Jan 19, 1:04 AM
    If you have an additional thread about the same PCN, please let this one die and pick up the other one by replying on it at all stages.

    It helps us to help you to see every post in one thread and for no new threads to be started at all about the same PCN.

    Originally posted by Coupon-mad
    can a mod delete the other thread please? i stuck it in some completely different forum.

    thanks for the advice above, I will reformat and update tomorrow
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 1:08 AM
    • 68,624 Posts
    • 80,892 Thanks
    Coupon-mad
    • #8
    • 14th Jan 19, 1:08 AM
    • #8
    • 14th Jan 19, 1:08 AM
    There are no Mods here.

    But if you send a pm to soolin or Crabman, they will merge them here for you.
    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
    • toffee_pie
    • By toffee_pie 14th Jan 19, 7:11 AM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    • #9
    • 14th Jan 19, 7:11 AM
    • #9
    • 14th Jan 19, 7:11 AM
    can someone tell me how to contact these people? cant seem to get them in a search - also what are the thoughts about the date of the ticket, can I say it arrived after 14 days?

    will get a draft done later today.
    thanks
    • MistyZ
    • By MistyZ 14th Jan 19, 7:38 AM
    • 367 Posts
    • 653 Thanks
    MistyZ
    There may be a better way to contact the Admins, but if you go to the list of threads there's a post by crabman near the top of the list: 'The Parking Tickets Board Sticky' and you can message him by clicking on his avatar.

    As for the 14 day thing, it's never a good idea to lie. This forum would soon lose credibility if lying were advised.
    • Umkomaas
    • By Umkomaas 14th Jan 19, 7:46 AM
    • 22,522 Posts
    • 35,445 Thanks
    Umkomaas
    can someone tell me how to contact these people? cant seem to get them in a search - also what are the thoughts about the date of the ticket, can I say it arrived after 14 days?

    will get a draft done later today.
    thanks
    Originally posted by toffee_pie
    1. You'll find links to the Board Guides on this forum's first page (the one with the threads list) one page back from this one - hit your back button to get there. Then go to the bottom of the page, they're there on the r/h side.

    2. The forum doesn't condone lying. We leave that to the parking companies.
    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.
    • The Deep
    • By The Deep 14th Jan 19, 8:02 AM
    • 12,438 Posts
    • 12,577 Thanks
    The Deep
    Have you seen this

    https://www.dailymail.co.uk/news/article-4835050/Parking-firm-took-lawyer-85-fine-lost.html

    Also complain to your MP as it is the will of Parliament that these scammers be put out of business.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
    • beamerguy
    • By beamerguy 14th Jan 19, 8:59 AM
    • 10,930 Posts
    • 14,480 Thanks
    beamerguy
    A great reminder Mr Deep.

    If only the Justice system was stable
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • MistyZ
    • By MistyZ 14th Jan 19, 9:26 AM
    • 367 Posts
    • 653 Thanks
    MistyZ
    Outcomes like this have to help. But looks like Parking Eye's representative was hiding in the toilets. Presumably they knew who they'd be up against and a no-show was preferable to a really great show that would generate even worse publicity for P.E.
    • beamerguy
    • By beamerguy 14th Jan 19, 10:13 AM
    • 10,930 Posts
    • 14,480 Thanks
    beamerguy
    Outcomes like this have to help. But looks like Parking Eye's representative was hiding in the toilets. Presumably they knew who they'd be up against and a no-show was preferable to a really great show that would generate even worse publicity for P.E.
    Originally posted by MistyZ
    You need to understand that the guy was a Barrister and as such was higher up the pecking order than a county court judge.
    ParkingEye had no control over this.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • toffee_pie
    • By toffee_pie 14th Jan 19, 8:28 PM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    update -

    managed to misplace this parking letter

    had a photo of the front of it taken with the ref number and called WB and the chap said he would get it cancelled, so he asked for email so hopefully that is that.
    Last edited by toffee_pie; 16-01-2019 at 9:16 PM.
    • Umkomaas
    • By Umkomaas 14th Jan 19, 9:52 PM
    • 22,522 Posts
    • 35,445 Thanks
    Umkomaas
    update -

    I managed to misplace this parking letter, think i lost it leaving work somehow.

    I had a photo of the front of it taken with the ref number and called WB and the chap said he would get it cancelled, so he asked for me email so hopefully that is that. Just told him I was surprised to get a letter and said i was parked up at 4am on a long drive.
    Originally posted by toffee_pie
    A very sensible approach from them. Hope it works out. Keep any written confirmation of the cancellation from WB very safe. These things can go pear-shaped.

    Always help available here if it does. Good result.
    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.
    • toffee_pie
    • By toffee_pie 14th Jan 19, 11:23 PM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    thanks guys, will be checking my emails......
    • toffee_pie
    • By toffee_pie 16th Jan 19, 6:59 PM
    • 24 Posts
    • 6 Thanks
    toffee_pie
    still no email from WB or PE - called WB twice as wanted to ensure they had my detail, will call again Friday if nothing heard
    Last edited by toffee_pie; 16-01-2019 at 9:16 PM.
    • Spursmad
    • By Spursmad 16th Jan 19, 8:41 PM
    • 22 Posts
    • 7 Thanks
    Spursmad
    Toffee pie

    If you can edit your post so that every reference as to who was driving is amended to 'Thr driver did this' or The Driver did not see that etc. At the moment this info can easily be read by the PPC and any attempt for you not to name who was driving has been blown out of the water. If i was so named i would not be a happy bunny

    ( saw this info on pepipoo.com) Hope that helps
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