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  1. Hi All, I received a PCN Notice yesterday, I wasn't the driver and would like information on how best to appeal this PCN. I've answered all the questions below and I appreciate in advance any responses: 1 Date of the infringement [03/03/17] 2 Date on the NTK [09/03/17] 3 Date received [14/03/17] 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y] 5 Is there any photographic evidence of the event? [Y] 6 Have you appealed? [N] Have you had a response? [N] 7 Who is the parking company? [Parking Eye] 8. Where exactly [Morrisons - Nantwich] Regards, Maverick1103
  2. Hi, I'm new to this site. I hope you can advice me a little. I received a parking charge notice that I think is unfair. I will lay out some of the background details to help understand the issue. Please let me know if more information is needed. 1. Morrisons opened in June 2014 in a multi storey complex, part morrisons and part travellodge. The car park is managed by Euro Car Parks. 2. Initially Morrisons offered around 3 hours free parking. Before parking there, we checked with Morrisons staff this was correct and read the signs put up by Euro Car Parks. They were scattered randomly and not particulary large. The signs at the time were vague and stated Morrisons customers could park for a period of time, the actual number of hours was left blank at the time. 3. With this knowledge, we have been parking there on and off there without re-reading the signs any further. We do not stay over three hours. 3. In early June I overheard some other customers mention that Morrisons had changed their parking times. I then went to read the ECP notice and it looked very similar apart from now the blank was filled in with a two hour limit. It was a very small ammendement, and I saw no other notices, no large notification of change of policy or change of parking times, when entering the car park, or or at the pedestrian exit doors, or inside morrisons. i immediately reduced my parking times to comply. 4. In June 15, a "notice to keeper letter" letter was sent to my address stating I had parked longer than the maximum period and parking charge was £85 as I hadn't paid in time. The date of alleged infringement was 16 May. The notice was from Euro Car parks. I believe this is the first letter they sent me. I was away from home and did not see it until early July. Looking at other websites the info was to ignore it. I also was very annoyed and thought it was unfair as there was no notification of changes of policy that I had read entering the car park or the shop. 5. At the beginning of August I got a call from my family home saying they received a letter from Debt Recovery plus. The letter is quite threatening but carefully worded. It states they are acting for the creditor to recover an unpaid debt. They said they as there was no response from the registered keeper address they have used other means to trace my current address - i.e. family home. 6. As I don't want my family to be tainted with this issue, earlier this morning I sent an appeal to Euro Car Parks directly. I used my registered keeper address. I did not divulge who the driver is, but requested they cancel the charge as there change of policy was not clearly stated. I have not contacted Debt recovery plus nor made any mention of them to Europarks. 7. The notice to keeper stated the breach being "Your vehicle was parked longer than the maximum period allowed". It does not state what that time was, nor does it provide any other evidence of the breach. I have asked they send me some evedence that my car was there on May 15. I would like to know what I should be doing from now on. a. Do you think that the situation is unfair? b. Do I have a case to appeal to anyone further? c. Does appealing to supermarkets to cancel the charge work? I do shop at Morrisons but small amounts - is there a price limit before they revoke parking charges? d. What other information can Debt Recovery plus actually use to try and trace me further - is this legal....and is it common? e. To what extent do private car parking websites look at websites like this, and take further action based upon comments here. I think i will be fairly traceable from the detailed background. In this case can the thread be private until the case is closed? - I am new here remember! f. In addition, I would like to know if the policy is changed by the parking authority what effort should the parking authority make to ensure customers are aware of the changes. I have a sneaky feeling they may say we put a sign up a week before...............but If i was not at the car park that week how would I know. All advice is greatly appreciated.
  3. Hi, , 2 years ago this month I parked in Morrison's car park to meet a friend for coffee I was in there over 2 hours just by 10 -15 minutes they kept sending letters which I ignored as looking up that's what people said to do. I've just received letter from equita saying the debt is 185 pounds now and if I ignore I'd be stupid as they've just won a case with beavis?? And they would tell parking eye to proceed with court, can anyone advise best way to deal with this, is this a debt or an invoice can it be enforced if the car park don't charge for parking?
  4. Hello everyone, I'm just looking for advice.Back in May I shopped in Morrisons in Inverness, I dont live there and don't visit often. They still had their machines in the car park for pay and display tickets so I went over and used it as normal, it gave me a parking ticket and I left my car there. A few weeks later I received a letter from Parking Eye saying I had been fined £80 because I was 40 minutes over their free 2 hours for parking, which I obviously didn't know as I used a pay/display machine in the car park. Thinking it was just a standard shopping trip I threw my receipts for my shopping and my pay/display ticket away so have no proof of either.I read plenty of articles online which said to simply ignore the letters but I have now recieved one from Debt Recovery Plus demanding £135 for late payment and if I dont pay then they recommend court action.I'm just a little worried as to what to do as I am planning selling my car this weekend and dont want any complications down the line with it.
  5. Hi allI recieved a PCN from PE for over staying at a Morrisons car park. Charge for parking was £1 for 2 hours. Stay was for 3 hours. I did return to the car to pay the extra £1 but cannot prove this as I gave the ticket to another shopper. Image of my car was caught on ANPR. NTK etc sent within required timescales.Subsequently appealed, naturally dismissed and given POPLA code. Question is what to do next. POPLA form seems ambigiuous and unsure what to use in terms of a defence.Also concerned as PE have stated that if I appeal to POPLA then an extended discount period for the PCN will not apply.As this is my first post- as a new member- I would be very grateful for any advice recieved.
  6. Am posting on behalf of a friend. He received a PCN from Parking Eye,which he ignored instead of appealing and requesting a POPLA code as I instructed him. He has now received a 'letter before county court claim' with a request for payment. Is he still able to appeal this and what are his chances of success?How's best to go about it? I am guessing this is the standard Parking Eye letter for supermarket overstays and that you are familiar with it.If not,I have a picture (minus the personal information. Thanks.
  7. Hi had a parking fine notice from the 15 of july have ignored it until now due to family issues it is time to deal with this .It happened in Morrisons and the facts are as follows i am the keeper of the car my wife was driving at the time she went to Morrisons to get money from the cash machine couldn't have been more than 5 mins camera catches you going in the time was 12.10 pm. Now my wife picks me up from work everyday and then at 15.00 i pickup my daughter from school. On this day though i went back to Morrisons in the early evening and their camera clocked my car leaving the carpark at 18.28 the policy is for this carpark stay for 3 hours no return within 3 hours the sign on entering the carpark is not in a great place as its on a junction at which you are looking right and the signage is offset to your left in palm bushes. They have photos of the car can see one person on entering but only back of car when leaving. They have sent 3 letters atm the last being that e have 14 days to pay £85 pound or else. Sorry for the long winded paragraph and any advice would be great.
  8. Hi Two hours are allowed for shoppers to park in Morrison's car parks. After complaints, I believe some Morrison's supermarkets have told disabled customers to go to their Customer Service Desk to tell them they need more time to shop so Parking Eye won't ticket them. I can't understand why Parking Eye can't just allow Blue Badge holders more time instead of expecting disabled shoppers to go to the Customer Service desk. I've asked Parking Eye if they have it in the rules to give disabled people more time but they just keep saying that they do allow people more time. They don't actually answer my question. Is this legal under the DDA? Disabled people need more time especially if they visit the café as well as shopping. Is there anything that people can do to change this?
  9. Hi Everyone, I wondered if you could help me. Is there anything I can do about this? It is due to be paid today to get the discount to £60, although is wasn't even issued until almost a month after the car was parked there! The driver of the vehicle was dropping off an M+S employee, the store is located in the same precinct as Morrisons, and the driver waited in the car (worked from it) until leaving later. No written confirmation of M+S giving authorisation to park there is available. Am I right in thinking these are not enforceable? Many Thanks
  10. Hi All, I received a PCN from euro car parks dated the 23/3/15. I ignored this as I was told this was the correct thing to do. Since, I have received correspondence from control account plc namely the last two were dated 29th May and 15th June respectively. The latter - "act now this wont go away" claims the legal department is now assessing my file with a view to commencing litigation blah blah blah... I was given 14 days to respond but I still haven't done so - mostly through ignorance and workload. I've read that control account plc can't really do much as its upto euro car parks to commence litigation and nor are they debt collectors... - am i right to still ignore this? I only today have had a missed call and a voicemail from control account to my mobile saying call us to pay etc.. (how have they even got my mobile number) The parking event was in a morrisons car park in england. Dan
  11. On Saturday 25/4/15 my wife received a PCN for overstaying at the Morrisons car park in High Wycombe asking for a payment of £90 reduced to £50 if paid within 14 days. The 'offence' took place on 20/4/15 They have cameras that record entry and exit times and 'helpfully' provided pictures of her number plate. I did not have time to do anything on her behalf so pointed her in the direction of CAG where she did a fair bit of reading and research as she felt the penalty they are imposing is totally disproportionate particularly as she was in Morrisons spending a lot of money on groceries and then having lunch in their restaurant with friends - probably the reason for the overstay! (Women can gossip for any awfully long time it seems). she wants to respond with the following: "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. " She found this in a CAG posting and thinks this is her best response to the PCN. As I know very little about such matters could someone more experienced than me offer my wife advice as to whether sending this missive is the best course of action as the first salvo against these leeches? Many thanks to any responses whether positive or negative - or whether the best course of action is simply to cough up despite her great distaste is so doing. I have just read that the Beavis v Parking Eye case has been heard by the Court of Appeal. Does this now mean there is a precedent for these parking companies to charge what they like with impunity? Does my wife now have to delete the reference to this case or can it be stated it is going to the Supreme Court? Or just leave the statement as it is?
  12. There have been a couple of mentions on this forum hinting that the relationship between PE and Morrisons a turned sour and that the new boss of the supermarket is trying to ditch the PPC. Does anyone have more information on this story? Thanks.
  13. Hi, all. I have received a court notice by Nottingham County Court, on behalf of ParkingEye. It is for the amount of £175.00, which comprises of £100 amount claimed, £25 court fee and £50 Solicitors costs. A few months ago my mother entered a Morrisons car park and broke down (car wouldnt start). She called me, distressed, and I went out to her and got the car to start. In the midst of the ordeal, she didnt read the signs and did not obtain a ticket (£1 for 2 hours, refundable upon £5 in store spending) and didnt do any shopping either, as she tended to the car and was trying to obtain help from other shoppers. The total time from entry to exit was 1 hour 39 minutes, so the 2 hour limit was not breached. Although I understand that a ticket should have been obtained, to the value of £1. £100 seems a little excessive and punitive for forgetting to display a ticket, (which in all likelihood would have been negated by shopping anyway) during a circumstance that was out of our control and caused my mother to panic and get distressed. when Parking Eye first sent us a parking charge notice, I wrongly advised my mother to ignore it, as I recalled some time back reading that they could not enforce it. Which has now lead to a court notice. I have sent off the acknowledgement of service and need to respond with a defence by this weekend. I wanted to know if I have a plausible case with prospects of succeeding, or atleast reducing the costs to more proportional or reasonable amounts and if so what should be the basis of my defence? Or whether I should suck it up and pay it off? Also if I contest it, could the charges be increased later on down the line, in court? Also I thought that at county courts each party is responsible for their own legal costs. I would be grateful if some experience or expertise could be dispensed. If I have made any etiquette errors, then please accept my apologies and point them out to me to rectify. Many thanks.
  14. Hopefully I'm not repeating anything here which belongs in another thread. My wife received a pcn from parking eye at the Reigate Branch of Morrisons back in March, for exceeding the time allowed. Having previously ignored (sounds familiar?) successfully and being unaware of the changes, we did same again. On this occasion, they did not shop at Morrisons so we have no receipts for the day. We are of course now, much wiser. She received 1) the initial demand, 2) a reminder, 3) a notice to keeper, although it was not formally identified as such, followed by 4) a supposed LBCCC, to which we have replied (I drafted the letter disputing the charge and stating that the letter did not comply with the court PD. My wife signed it), based on information which I have obtained from this forum and also from the MSE Forum. I have written to Morrisons to complain and saying that the terms and conditions are unenforceable and requesting the charge be cancelled. Proof of posting has been obtained for all letters sent. Contrary to my expectation, PE have not replied to our response to the LBCCC with a form letter, but with what appears to be a specific response, albeit very brief and surprisingly not threatening. I am currently drafting a reply to this. The LBCCC also appears to be of an updated format from those I have seen previously. (and the envelope even has a first class stamp on it!). Although it refers to an ADR, it doesn't actually specify what it might be, but attempts to dismiss the possibility of going back to POPLA. I'll attach redacted copies of the correspondence including and after the LBCCC as the content may also be of interest, when I've found out how to do it. An interesting aspect to this is that the planning approvals for the car park in question ( I have enquired of the local planning dept) seem to require the car park to be available as a "shoppers car park", which I contend means that Morrisons cannot restrict use of the car park only to their customers, yet part of the PE signage, (which is clearly legible), states; "Parking for customers only. For use only whilst shopping on site". I'm not sure at this stage how useful this particular information may be in relation to defending proceedings if PE continue. Amy comments or advice would be most welcome. Thanks
  15. Evening all. As above, my mother has received a letter today dated 20th March to respond with 14 days to PE. The invoice is for £85 and she has unfortunately ignored all previous correspondence. The letter has no 'mays' stating action 'will' be taken and court proceedings 'will' be issued. The matter relates to over staying in a Morrison's car park. She paid £1 for an hours stay but arrived after the allotted time. Next steps? Cheers.
  16. Hi, I'm starting this thread to keep a track of my progress in fighting a small claims court notice I received today. Background: my local Morrisons handed control of their car park to ParkingEye about 5 years ago as it is a free car park but they found local office workers parking there all day - perfectly sensible. Unfortunately, this caught out a lot of locals who would go to Morrisons and then a few other shops on the local high street. This happened to my wife only a few months after PE took over. We recieved a fine in the post from them which I ignored (the advice at the time, about 2009). I also ignored the following 3 other letters and finally never heard anything again. In July of this year, my wife got caught again. We received the fines in the post again and I ignored them, unaware the standard advice on these had changed. PE have now referred it to the small claims court and, reading through this and other forums, it looks like it almost certainly will go to court. I have acknowledged the claim on MCOL, e-mailed Morrisons (not expecting much) and also mailed POPLA (but I think I'm too late to get them involved). Any other advice?
  17. Hello everyone. If I obscured too many details in the attachment please let me know and I'll reupload. How can I get rid of this charge? I was in the store's coffee shop working on my laptop, I have a bank statement showing the date and amount spent. It wasn't a huge amount, less than £10 because I wasn't shopping for groceries. I was just having coffee and some pastry/sandwich while working on my laptop. I shop at this store frequently, in fact it's the only store I go to shop for groceries. I spend loads at this place. So irritated to get this ticket... The lot wasn't even full! Any help is much appreciated. Thanks.
  18. hi i need some help please.my girlfriend was driving my car she was in morrisons in acton london she over stayed in a free car park by 40 mins .she did not know that there was a time limit on this car park first we knew is when parking eye sent a invoice through the post. the reason she overstayed was she waited 25 mins for a parking space as on a friday people use this car park to go to friday prayers in the local mosque i copied a letter to parking eyes that i got from here Default Re: Parking Eye are at it again....... Appeal to Parking Eye as the Registered Keeper ONLY as follows (either by their online appeals portal or by post (if post GET PROOF OF POSTAGE)) :- Your name Your Address Date A Formal Appeal Against A parking charge Dear Sir Your ref; parking charge number xxxxxxxx Whilst the DVLA may have informed you that I was the registered keeper of the motor vehicle in question, at this stage I make no admission as to the identity of the either the keeper or the driver at the material time. This appeal is on the following grounds:- • Your Notice does not comply with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore legally barred from pursuing the keeper. • The £100 parking charge is excessive. It does not represent a genuine pre-estimate of loss caused by the alleged parking contravention; as such it is a legally unenforceable penalty charge. • You do not have sufficient contractual authority from the landowner to issue and enforce parking charge notices. You have set out your case in your parking charge notice; this is the response and the formal appeal. You therefore have two options; 1) Either accept the grounds of appeal and cancel the parking charge Or 2) Refuse the appeal and provide me with the unique 10 digit code in order that the matter can be properly referred to POPLAicon for independent adjudication. Finally, I have nothing further to add to this appeal and therefore will not respond to any further correspondence with your company; so either cancel the parking charge or provide the POPLA code as required by your industry Code of Practice. Kind regards (Print the name of the Registered Keeper here - do not sign it) and today i get a unsuccesful letter from them with a popla code on it i checked the code and it seems ok but in the letter its going on about the judgment from the judge from the parking eye vs beavis case as i am aware the judgment is expected after easter how can i appeal to popla i will upload letter from parking eye
  19. Help!!!! My wife and I have fallen prey of the Parking eye!. My wife had left a friends and called into Morrison’s on the way home. As we only live around the corner she walked home completely forgetting that she had left the car there (dumb I know but she has done worse!) 3 hours later at 10pm she ran round to retrieve the car.. A couple of weeks later I received a letter stated I must pay the fine, I wrongly took advice given to me just to ignore the letters as they would simply go away. I finally received a letter saying that this was the final letter before court action I wrote to them stating to contact my wife as it was her driving. The next letter I received was a court letter. I wrote to PE again (this time recorded delivery) stating they needed to get in touch with my wife. In return I got a standard looking letter stating that I was now too late. I have since been in touch with Morrison’s who agreed to cancel it, iv spoke to them a couple of times and they have reassured me this has been done, although I have no proof of this. I cannot speak to parking eye in time to get information from them as they don’t seem to have a phone number. What we need help with is how we go about giving our defence, we have 6 days!!!! Thanks for taken the time out to read this and we hope someone can help.
  20. My son had a court claim form arrive on friday from parkingeye for parking in morrisons car park for over the 2 hours (he was in there shopping with his other half and stopped in there cafe for a sandwich and coffee before they started to shop). He's not received anything else from them up till this claim form. It says he can respond online. Can anyone advise on how to do it and what's best to put. I no there's various ways of defending but there's so many different ones i'm getting confused through all the reading. I need a simple start to finish walk through sort of thing as neither of us have ever had to do this before and don't want to do it all wrong and hang him at the first stage. All help gratefully received.
  21. Hi, I request for somebody's attention in helping me out here. Yesterday, I received a PCN in the post for £85 (£50 if paid within 14 days) from PE with ANPR showing my number plate overstaying 39 minutes more than the prescribed 2hours max. stay at Morrisons. I did go to the car park on the mentioned date but there was a massive traffic jam because of Guy Fawkes night and it took me 45 minutes to get out of the parking lot, all the time standing in the jam. I have gone through the threads and almost all of them refer to the cases where there is no traffic jam causing delays. I have to reply back to them but I am confused whether to go the regular route (the standard reply templates on this website) and question their GPEOL or should I mention them the reason for delay as Traffic Jam and refute their claim. If in my response I am mentioning the reason for delay as traffic jam and referring to myself as the registered keeper would it be better to put it as..... "I have been informed by the driver about the delays due to traffic jam....." or would it be better to just say about the traffic jam directly without referring to the driver part (which may/may not highlight me as the driver)? Any advice is greatly appreciated.
  22. I have received a letter from parking eye advising that i spent 2 hours 13 minutes on Morrisons car park and 1hour 30 mins is the max. Fine will reduce to £50 if i pay within certain timescale. Should i pay or are there grounds to contest it.
  23. Hi, can someone please help me. Today, I received a PCN in the post for £100 (£60 if paid within 14 days). The PCN states that I over stayed in my local supermarket car park. The fine states the the car park is "private land" and the enforcement company is not a council but a LTD company (not sure if I am allowed to name on here) but where do I stand? Should I pay it? Any advice is greatly appreciated.
  24. I've just got a parking invoice from Parking Eye for parking in a paid carpark for 2 hrs 30 minutes. The car park was £1 for 2 hours in a Morrisons carpark, but it took 31 minutes to get parked , anyway just off to appeal this when I noticed something strange, the name of the invoice is missing the last letters of my name, ie instead of "Annie Barbara Clarke" it says "Annie Barbara Clar", am I obliged to respond to this or is there a better way to handle this ? As a side note, there was no parking ticket issued by any parking attendants, so I am not sure how this can be enforced ?
  25. Dear Consumer Forum I have been sent a claim form from the county court business centre, Nottingham. Parking Eye have sent this and I don't know why. It was sent to my old address and as I have moved the letter was forwarded on to me. I do not recall this parking offence occurring at Morrisons supermarket car park but Parking Eye have picture evidence of my car leaving the car park later than the two hours allowed for parking there. As I am the registered owner I am obviously liable? I don't know what to do or how to tackle something that I do not recall happening and feel it is outrageous to request £185 costs from me. Please help, much appreciated. Many thanks
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