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Parking eye - parking charge notice - at popla stage - ** CANCELLED **


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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.

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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.

 

What was your appeal to PE?

 

Has the driver been identified?

 

Post up a picture of the signage please.

 

Have you complained vigorously to Morrisons?

 

And do you have a receipt for the time in question?

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In response to your questions

What was your appeal to PE? - Yes I appealed to PE

Has the driver been identified? - I hadn't identified the driver

Post up a picture of the signage please. - The signage has recently changed and i hadnt taken a photo

Have you complained vigorously to Morrisons? - I haven't complained to Morrisons, Do you suggest I try that route first?

And do you have a receipt for the time in question? - I have a ticket for the first 2 hours but not the second 2 hours.Any further assistance gratefully received.

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1st of all appeal to PE this will be denied, then demand the POPLA code then appeal to POPLA. There is a strict timeline for this to happen. PE need to prove that you broke the T&C's, this is why they sent you an invoice for doing so

 

 

In the meantime had a good read of the many threads regarding these PCN's do not ignore this....

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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1st of all appeal to PE this will be denied, then demand the POPLA code then appeal to POPLA. There is a strict timeline for this to happen. PE need to prove that you broke the T&C's, this is why they sent you an invoice for doing so

 

 

In the meantime had a good read of the many threads regarding these PCN's do not ignore this....

 

 

I have appealed to PE which was unsuccesful and they have provided me with a POPLA code. My appeal was on the grounds that a ticket had been purchased however the stay was longer than 2 hours stipulated.

The advice I need is whether it's worth appealing to POPLA or just pay the penalty charge notice?

Thanks

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Its not a penalty charge notice BTW it is a parking charge notice for breach of contract that is all. They hoping you will not appeal, more free money for PE I am afraid fight it all the way...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Your appeal should be on several fronts but you need to do a bit of homework first. as this is a pay car park you will need to check with the local authority to see if planning permission has been granted for this activity as it will be a change of the original PP. Whilst you are at it, ask them about the PP for the signage under the Town & Country Planning Act (advertising hoardings regs) and if no permission applied for and granted then their signage means nothing other than they are committing a criminal offence (2 if you want to include fraud by misrepresentation). I am surprised about the parking charge as Morrisons have given several parking Co's the boot from various stores so it may well be worth adding as your second reason that you do not believe that PE has the authority to make claims for losses for breach of contract in their own name so you demand to see the assignment to PE from the landowner that allows this.

Next you point out that a second ticket was purchased by the driver so no breach of parking conditions and thus no loss was caused so the claim is a false one.

Finally you can say that the signage isinsufficient to be considered to make a contract and say that this must be true as the signs have been changes since the parking event and again ask for copies of the original signs to be made available to yourself and POPLA and an explanation as to why they were changed and on whose instruction (probably lost out on a court case or got a rollicking from Morrisons).

As for PE's exhortation for you to give up and pay up, why would you worry about an extended discount period when you dont owe anything anyway?

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1st of all appeal to PE this will be denied, then demand the POPLA code then appeal to POPLA. There is a strict timeline for this to happen. PE need to prove that you broke the T&C's, this is why they sent you an invoice for doing so

 

 

In the meantime had a good read of the many threads regarding these PCN's do not ignore this....

 

Just to give you an update. I complained to Morrisons directly via twitter and they have contacted me to say that they have informed Parking Eye to cancel the charge due. I will await confirmation from Parking Eye however ssems positive.

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  • 3 weeks later...

Hi all, I am new to this forum but 2 things stick out here.

1st. anpr is linked to your ticket ( with car reg ) and top ups are also recorded by reg

2nd. If ticket has your reg on how can you give it away.

NO reg on ticket means anpr cannot enforce anyone as it won't know who has and who has not paid.

 

Have I missed something here

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the anpr records the reg of every vehicle entering and leaving. the ticket machine records the reg and time of the vehicle the ticket is purchased for. they then claim that every time they have a vehicle reg and no record of a purchased ticket it must be in breach (according to them)

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