PE ANPR PCN - lido carpark cliftonville margate

[silverfox1961]

What was it I was saying

 

Others will have a better idea then me so hang on a while till the others arrive. I wouldn't mention the mental health issues as yet.

 

[coast88]

ok,

total overwhealm at appealing, but will calm myself down and read through very carefully what you all have written.

Thanks again and i will post again soon once I have calmed down

[ericsbrother]

this isnt an appeal, it is a letter TELLING them they are wrong. let them decide how they treat it, they will only drop themselves in it if they decide the law is wrongly interpreted

[coast88]

Ericsbrother

i dont know how to do it

[dx100uk]

well you do

eric has written out what to say above...............

[coast88]

Do I include pictures of the signage?

Im so scared

I will post up before I send

[dx100uk]

no pics yet

no need to be scared

its simply a speculative invoice

[coast88]

Dear Sir,

This is what Ive done so far,

opinions/help please.........and thank you sooooooooooooooooooooo much

 

 

I was sent a parking charge notice of £100 for the lido car park in Clifftonville margate kent

 

I spent a total of 13 minutes in the car park, the BPA code of practice clause 13.2 and 30.2 states the driver should have a minimum grace period of 10 minutes to decide if they wish to enter into contract with you. As the BPA clause states a minimum of 10 minutes should be allowed I feel 13 minutes is not an unreasonable amount of time and should fall within this exemption as the clause states a minimum. It took me 13 minutes to read the signs, as they were scattered around the car park.

 

The writing on the signs was very small and the sign was posted above my head height making me tilt my head up at such an angle it made reading the small print impossible and the sign contained text so small they are unreadable and laid out in a way that is impossible to be considered a fair contract under S62 of the Consumer Rights Act and thus no contractual obligation is enforceable.

 

I then decide I didn’t want to enter into contract with you and left the carpark.

 

I feel the charge you are requesting is an unreasonable amount.

Edited April 24, 2018 by honeybee13
mistake Paras

[dx100uk]

its not a penalty charge notice!!

[ericsbrother]

why didnt you mention the case where PE LOST a claim for using the same signage in another of their car parks?

Why havent you mentioned invitation to treat by the wording on the entrance sign and then the different wordng on the sign and ticket machine?

Why not tell them you know no contract is agreed until you feed the machine?

lastly why are you being subjective at the end?

 

you are STATING they are wrong so dont grovel and plead to their better side, they make £300 million a year out of this, they dont have a better side

 

I know that they may well just ignore you and claim that white is black but going at things half heartedly makes they think you will just pay up if they send another scary letter

 

also make it clear you are writing as the keeper of the vehicle.

They may well have the POFA on their side but you should leave them with the doubt

 

I suggest that you go back and read again the wording of my previous suggestions and put that into the third person singular and send it.

You want them to know that you are not going to be a pushover.

There is no reason to be overly polite for reasons already given

>you wouldnt ask a mugger for a receipt for your stolen wallet would you?

Edited April 24, 2018 by honeybee13
Paras

[coast88]

ok,

[coast88]

How about this? Im trying really hard.....

 

Dear Sir,

A parking charge notice of £100 for the lido car park in Clifftonville margate kent was sent to The Registered Keeper of the vehicle at this address.

 

The wording on the sign via the entrance to the car park is an invitation to treat which only then becomes a contract once The Driver has submitted monies into the machine. Since The Driver never submitted monies into the machine no contract was entered into, therefore no contract has been breached therefore your parking charge is unenforceable.

 

The other sign is stating not to park on the yellow lines and to park within the lines and failure to do so will incur a charge of £100. The sign does not state The Driver must pay to remain, therefore according to your sign The Driver has not done anything to attract a demand for £100

 

The writing on the signs is very small and the sign is posted above The Drivers head height making The Driver tilt their head up to such an angle it made reading the small print impossible and the sign contained text so small as to be unreadable and laid out in a such a way that it is impossible to be considered a fair contract under S62 of the Consumer Rights Act and thus no contractual obligation is enforceable.

 

The wording on the signage is identical to the case of Parking eye v Cargius and so the amount claimed is designed to deter and is an unenforceable penalty.

 

You allege The Driver spent a total of 13 minutes in the car park,

the BPA code of practice clause 13.2 and 30.2 states the driver should have a minimum grace period of 10 minutes to decide if they wish to enter into contract with you. As the BPA clause states a minimum of 10 minutes should be allowed, 13 minutes is not an unreasonable amount of time and should therefore fall within this exemption as the clause states 10 minutes as a minimum.

 

As the signage at the site contains 3 different sets of text it takes more than 10 minutes to go round and read it all and then decide if one wants to be bound by it and having decided it wasn’t agreeable, to then re-enter the car and leave.

 

As The Driver did not put any money in your machines The Driver did not enter into any contract with you therefore The Driver has not broken any contract with you.

[coast88]

If anyone can give me an opinion I would be really greatful.

I can then post it off tomorrow.

Thanks again for your help and patience.

Sorry for any time I have wasted. x

[honeybee13]

You haven't wasted time, everyone has their own learning curve.

 

But please bear with us until tomorrow because the advisers are all volunteers and are probably leading their own lives this evening.

 

HB

[coast88]

Hi,

Was wondering if anyone is available to check over the last post. Im anxious to send it off/

Do I just tpy my name at the end or as the registered keeper/

thanks

[DragonFly1967]

Looks OK to me.

 

Just type your name as...

 

 

Your Name.

Registered Keeper.

 

 

They'll probably go quiet once the meaning of that letter has filtered in to their tiny skulls. Although, this is ParkingLie that we're talking about here. Might be better to write it in crayon

[coast88]

Did as advised and have sent it off this morning,

fingers crossed

thank you everyone for your imput x

[coast88]

Have had reply yesterday

please see attached letters

appreciate any guidance.

 

Anxiety levels are high because of parking eye letter.

Thank you for your patience.

PE reply to sppeal.pdf

[dx100uk]

nothing that letter to spike your Anxiety

[lookinforinfo]

Coast88 there is nothing to worry about.

 

Yes they have totally ignored the contents of your letter but crooks rarely admit when they are at fault

-they bluster and divert instead.

 

However you now have it on record that they have no reason to demand money from you or the driver.

 

One would imagine that they would not be stupid enough to go anywhere near a Court with you after the warning you gave them

 

If they do you should be looking at a minimum of £500 in compensation from them.

 

So stay chilled.

[ericsbrother]

this is just a letter sent out by cutting and pasting 2 of their other letters. they know you are under no obligation to name the driver and tey also know that the POFA limits keeper liability EXCEPT in very particular circumstances but they would prefer it if you werescared by this and paid them the money that is not due because otherwise they would have to waste time and money telling a different lie

[coast88]

Thank you both for replying,

So, what do I do now?

I dont have to tell them who was driving?

After reading your replyies I am starting to feel calmer.

[honeybee13]

Hello there.

 

Why should you tell them who the driver was? - they're not the police. If you read other threads, we always advise people not to say who was driving.

 

If you don't mind my saying, you don't seem to have read many threads about Parking Eye and it would help if you did, especially on our Successes thread.

 

HB