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Hello. I have a similar problem.

 

My partner received a PCN today, stating we had a parking charge. Parking Eye run the car park in our local Aldi.

 

We shop there every week, but on this occasion she forgot to enter the registration of the vehicle.

 

We can prove we purchased items in there to the value of £8.05. Its on our bank statement.

 

Will I have grounds for appeal?

 

Thank you

 

You need to start your own thread so all advice is your own...

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  • 1 year later...

an update on this....

 

Have finally had notification from popla that my appeal has been refused and that i now have 28 days to pay parking lie, etc.

 

A couple of things:

 

A previously stated, no loss was incurred, merely an incorrect registration number entered, the driver was in and out of the car park within the free period. If and only if i get court papers through, can this be the basis of my defence, ie that no loss was incurred by the parking operator, as according to their own ANPR cameras the vehicle was in and out within the free period?

 

I was not the driver. Can I make them start all over again?

 

all help appreciated thank you

 

Bob

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that argument isnt the best defence, no breach of contract as car wasnt there at the time is better.

No you cant start all over again, if they follow the protocols of POFA they can claim from keeper and they will. You can name the driver if you wish and they will have to start all over again but the result will be the same up to this point. Now, is the driver made of sterner stuff than you? If so ask them to take the matter on

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that argument isnt the best defence, no breach of contract as car wasnt there at the time is better.

No you cant start all over again, if they follow the protocols of POFA they can claim from keeper and they will. You can name the driver if you wish and they will have to start all over again but the result will be the same up to this point. Now, is the driver made of sterner stuff than you? If so ask them to take the matter on

 

Thank you ericsbrother.

 

The car was there at the time though - they have it on anpr.

 

do you mean that the contract was not breached because the free period was not exceeded?

 

No, I am made of sterner stuff than the driver, I just wondered if it might make them give up thats all.

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you said the car was there for less than the maximum free time and now you are saying something else?

free parking is not dependent upon their whim, it will be in the planning consent for the construction of the development and PE have perverted this requirement to create a money spinner for them. Tough luck, they cant win even if they say you have to stand on tippy toes it isnt in the planning consent so they wont be wanting to lose that one at court. Let them write to you and then tell them that there was no breach of contracta nd let them do their worst

  • Confused 1
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Sorry for any confusion.

 

Thank you ericsbrother, you are a gold mine of information!

 

No it was there for less than the maximum free time - 20 mins free then £1.50 or whatever. The driver was in and out of the car park in about 13 min from memory, just to collect a prescription. They have it on anpr entering and leaving within the free time.

 

So, to summarise, when they write to me i basically say that the free parking period is contained within the planning consent for the doctors surgery and car park. The driver merely used that free parking period, so therefore the driver parked within the planning regulations previously granted, no breach of contract occurred, no loss to anyone was incurred, goodbye and see you in court.

 

Is that about it?

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So you have been playing with this for 18 months, why is it taking so long ?

 

not me Conniff, I thought it had all died off, but PE apparently suspended loads of PCNs due to Beavis, and its all just come up again...I'm not paying unless a CC registrar says i should no worries!

 

bob

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  • 3 months later...

Well, this rumbles along have today had the 'letter before county court claim'

 

As always, and as advised, I intend to write back as per erics borther's suggestion merely to say that I do not believe that any breach of contract has occurred given the circumstances involved.

 

However, the only address on the letter received today is a payment address.

 

Could someone please advise of the correct correspondence address, or correct correspondence email?

 

Thank you in advance

 

Bob

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you write back to them again and state that there was no breach of contract as the vehicle was not in the car park beyond the free period so no cause for action by PE. Any civil claim will be treated as vex and a full costs recovery order under CPR 27 will be sought.

They wil then have something more substantial to think about.

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