ParkingEye rejected appeal and sent POPLA code

[melville123]

Hello

 

I parked in a local shopping centre car park and went to the library and shops.

The parking was 3 hours for free.

 

 

I went to leave before this time was up and noticed a new store round the back and went to have a look.

The car park seemed to be a separate one so I thought it would be OK and stayed a bit longer.

 

I received a Parking Charge Notice from ParkingEye in the post 2 weeks later

saying I had overstayed by 33 minutes and was charged £100 or £60 if paid in 14 days.

By the time I received it there were only 7 days left.

 

I sent in an appeal and it was rejected by post which I received yesterday.

My appeal was based on the following: (I sent it as the registered keeper and not driver but did not point it out specifically):

 

 

• The car was not improperly parked. I asked for evidence of where the car was between the times mentioned.
  
• Inadequate signage. Photos enclosed of the second car park with no signs visible in half of it.
  
• Unreasonable and disproportionate terms. £100 is not a realistic prediction of loss.
  
• Unethical use of ANPR (an unreasonable and disproportionate response to parking management) as per theInformation Commissioners's Office 2013 Data Protection Code of Practice for CCTV. It's a poor area and the shops there are mostly discount stores.P { margin-bottom: 0.21cm; direction: ltr; color: rgb(0, 0, 0); }P.western { font-family: "Liberation Serif","Times New Roman",serif; font-size: 12pt; }P.cjk { font-family: "DejaVu Sans"; font-size: 12pt; }P.ctl { font-family: "Lohit Hindi"; font-size: 12pt;*
  
• I am aware of my rights under the Citizen's Harassment Act 1997. Any more letters from them will be kept in evidence of harassment.
  
• I also sent evidence of purchase from one of the shops in the the form of a till receipt
  

I sent a copy to the local councils and local MP.

 

 

The MP said "It is difficult for us to give advice on parking fines, but we do believe that it may not be possible to enforce a parking fine

when it is given for a parking infringement on private land.

We aren’t totally sure about this so can’t definitely say it is the case, but that does seem to be what the situation is."

 

The response from ParkingEye was:

 

"You have provided evidence of purchase.

However, please be adivised that this did not meet the discretionary criteria set by the landowner in this case.

We are therefore writing to advise you that your recent appeal has been unsuccessful.

This is because you have not provided sufficient evidence to show that you did not break the terms and conditions on the signage."

 

The sent the POPLA form and "as a gesture of good will" have further extended the "discount" period another 14 days, half of which are already up because it was dated last week.

 

What should I send to POPLA?

 

Do I have a chance of winning and not going to court?

 

I am feeling a lot of stress right now but have got this far because this seems really wrong!

[dx100uk]

ofcourse you'll 'win'

 

 

it was 2 sep visits

 

 

dx

[Dublindel]

Request an unredacted copy of the contract with the landlord. And request a full breakdown of their pre-estimate of loss. Add this into your POPLA appeal as well

[melville123]

Thanks. I intend to go for the GPEL clause. They're not going to send me a landlord contract, that's a clever one but what will it do? Because the contract is between me and the landowner, not me and ParkingEye? I read that ParkingEye pay landowners to manage the car parks and rake in the cash, is that true?

 

Any point me going to Parking Prankster Private Parking Appeals? Are they legitimate?

[reallymadwoman]

When writing your appeal to POPLA, start with GPEOL and then include everything else you can think of. GPEOL should win, the rest is just insurance.

 

There is no need to ask someone else to do the appeal for you, if you're not sure you've covered everything post it up and you'll get advice here.

 

ParkingEye do pay the landowner in at least one case, but mostly they 'manage' car parks for free and rake in the cash, or try to.

[Stigman]

Any point me going to Parking Prankster Private Parking Appeals? Are they legitimate?

 

Why give them your hard-earned money when advise is freely available here, please search through related threads where you can find GPEOL template letters like here...

http://www.consumeractiongroup.co.uk/forum/showthread.php?439022-TWO-Parking-Eye-successes-(with-templates)

 

Make sure you appeal within the correct timeframe.

 

Stigman

[ericsbrother]

The parkig pranklseter is very good but as said, you can do this yourself and see off their claim with a couple of points. Read the other appeals suggestions and templates, write out yours as a draft here and we will either say OK or suggest tweaks to use the right words that will defeat the claim against you.

[blueda]

I am dealing with a parking charge from ParkingEye in Scotland, where the charge is apparently non enforceable, I wonder if it will be found to be unenforceable in English Law, Here the charge is £70 or £40 if payed within 14 days, I see they are looking for £100 or £60 had it been payed within 14 days. Robbers.