1 Date of the infringement 21/03/16

2 Date on the NTK 25/03/16

3 Date received 4/04/16

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? No

Have you had a response?

7 Who is the parking company? Parking Eye

I have until the 22nd to pay £100. Any help would be really appreciated.

Hello there.

It's unlikely you will need to pay, but I'll leave it to the forum guys to reply.

Thank you for using the forum template and providing answers.

HB

Thanks Honeybee13

Bump

where did this happen

have you appealed the NTK?

if not do so

reason doesn't matter

you dog needed to use the toilet or anything.

you are after the popla code

that will cost them £27 I think.if you goto them.

more on the situation surrounding how she got the ticket please

I had a meeting with my mortgage advisor at the Park Inn Hotel, as i was running late we ended up having a quick chat in my car in the hotel carpark.

I haven't appealed the NTK, is there a template letter i could use?

Type in parking eye in red top toolbar search Cag box

Could i use the template below?

Dear Sir or Madam

 

re: PCN number XXXXXX/XXXXXX

I have received your parking invoice impersonating a 'parking ticket'. It is clear that your operation is some sort of 'parking space maximisation scheme' and your aim is clearly to maximise profits.

 

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss.

B You are not the landowner and do not have locus standi.

C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.

 

If you choose not to cancel this invoice you must issue a rejection letter in reply to my appeal, explaining:

1 The legal basis of your charge (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.

If you try to rely upon ParkingEye v Beavis at POPLA, I will point out that it was a flawed decision, it is not binding, and it is set for the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

2 Proof of your locus standi to offer contracts to drivers at this site.

3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.

4 A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5 The means to make an appeal to POPLA or the IAS.

Please note that I intend to claim my costs when I prevail.

 

have you checked they are not the land owner?

I have spoken with the hotel staff member who said they will cancel the fine.

Thanks for your help.

fine?

dx

I would be asking for that in writing, PE hate it when they are forced to cancel a charge just becuase someone at the front end of the business is being sensible and often whinge to the management at HQ so the cancellation is reversed.