PARKING EYE ....Need new help!!

[ParkingMine]

Hello

I am new in here! :confused2:

I went to Morrison Queensbury to do small shopping as well as having lunch and to look around the store as they had a sale on. I received a "Parking Charge Notice" from Parking Eye for £85.00 discounted to £50.00 if paid within 14 days a few days after.
Like many, I was not aware of any signage at the entrance to the car park nor in the car park (being in a hurry to escape the cold!)

I did not spend much (under £8.00) but was there for 4 hours and 40 minutes including 3 hours free parking.
I called the store Manager to complain but he was helpful. In fact he had an attitude talking over me nonstop and repeating over and over " YOU STAYED OVER 4 HOURS AND SPENT UNDER £8.00 MADAM" !!! I got fed up and wrote to Morrison head office and complained. I asked for the ticket to be cancel but they refused.
My next step is to appeal first to PE then to POPLA if it is rejected. By the way I am only doing this to cover my back just in case it reaches to court but I need help to word my letter properly. Has anyone sent such a letter? I need to see how it is written :ohwell:
I will be most grateful for any help:Cry:

Many thanks

[labman]

Re: PARKING EYE ....Need new help!!

A basic template (with thanks to Thompsons Law)

How to challenge a Private Parking Charge Notice

Template Letter

Your postal address line 1
Your postal address line 2
Your postal address line 3
Your postal address line 4
Your postcode
dd/mm/yyyy
Parking Company Name
address line 1
address line 2
address line 3
address line 4
postcode
Dear owner/manager's name or Sir/Madam,
Re: [insert the PCN reference number here]
On [insert date] I parked my vehicle [insert vehicle registration mark] at [insert location of car park].
When I returned to my vehicle I discovered a parking charge notice affixed to my vehicle. The parking charge notice stated that I had [insert the contravention code or description i.e parked without displaying a valid pay and display ticket].
I believe I am not in breach of this contravention for the following reasons;
[insert evidence or your version of events for example
• I had purchased a valid pay and display ticket
• There was no signage
• The signage was not clear enough to show that the maximum stay was 2 hours/the area was reserved for permit holders only etc.
• The bay markings are worn so it is was impossible to see if my vehicle was within the markings]
Please find enclosed copies of photographs taken at the time/of the scene and a copy of my pay and display ticket which was valid at the time the parking charge notice was issued.
In light of the above it is clear that I am not liable for the parking charge and I request that the parking charge notice is cancelled accordingly.
Yours sincerely/faithfully
[signature]
[Insert your name]

[ParkingMine]

Re: PARKING EYE ....Need new help!!

Thank you labman
That is a very good guideline :thumb:
The Parking Eye didn't give me a ticket.They sent a PC Notice 5 days after with two photos of my car on arrival and departure time.

I forgot to ask; if for any reason this reaches the court, will that effect my CRB check?:scared:

[labman]

Re: PARKING EYE ....Need new help!!

No it wouldn't affect a CRB check, as it would be a civil offence, not criminal.

[ploddertom]

Re: PARKING EYE ....Need new help!!

If you have the time read this http://www.legalbeagles.info/forums/...86-Parking-Eye

[ParkingMine]

Re: PARKING EYE ....Need new help!!

Thanks again labman
That is good to know

I'll send my appeal letter (letters) then sit back, wait and ignore whatever they send me!!!msl:

[nemo]

Re: PARKING EYE ....Need new help!!

I recently challenged my notice (with help and advice from Labman and Blacklight in particular) and had it cancelled (cancellation is a matter of perspective - there shouldn't have been one in the first place!).

In addition to the points in Labman's template, I also disputed
1. their timing mechanism
2. supposed existence of the contract
3. their unjustifiable demand for amount "X" for 30 min overstay - I offered to pay any legitimate loss of revenue for using the parking bay for the 30 minutes.
4. the legality and authority (or the lack of) of their representation on behalf of their client x i.e. the car park owner etc. (I asked them to confirm whether they are permitted to represent the car park owner)

I didn't want to ignore their fraudulent demand as a matter of principle - I wouldn't have chosen to overstay had I been aware of the limit.

all the best - hope you get it sorted sooner.

[labman]

Re: PARKING EYE ....Need new help!!

Thanks Nemo

[nemo]

Re: PARKING EYE ....Need new help!!

Thanks Nemo

The pleasure's all mine :hail:

[ParkingMine]

Re: PARKING EYE ....Need new help!!

Thanks Nemo
Those are very good points

Incidentally; can one send the same appeal letter to POPLA when it is rejected by PE? Or does the points of dispute have to be changed?
Tks

[labman]

Re: PARKING EYE ....Need new help!!

If those are your reasons, they're your reasons. They can't really change I wouldn't have thought. I have to say, I've never actually done it, but I'm sure the same grounds would be significantly relevant.

[ParkingMine]

Re: PARKING EYE ....Need new help!!

Hi

I thought before I email the letter of my appeal to those sharks I show it here to see if I ought to add anything else to it.
Thanks for your help

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Dear Sir/Madam

Your Parking Charge Notice Ref No xxxxx

On 17^th Jan 2013 I went to Morrison Queensbury to do shopping (see attachment for a copy of my receipt), spend some times to look at the Sales and to have lunch there.



On 26^th Jan (8 days later) I received a Parking Charge Notice from you demanding £85.00 discounted to £50.00 if I paid within 14 days of the date issued


As I found your demand totally unacceptable, I wish to appeal for all possible grounds to the following:

a) There was NO signage at the entrance to the car park -if I'd been aware of that, I wouldn't have chosen to overstay). Also,
where I parked my car -near the buses- there was no signage either (see photos in attachment)
b) The vehicle was not improperly parked
c) The parking charge exceeded the appropriate amount
d) There was no contract between the driver and Parking Eye. The driver did not see any signs when parked at that time therefore
had no idea of any contract or restrictions applied.

In the light of above, it is clear that I am not liable for the parking charge you are asking. Therefore you have these options to act on:

a) Cancel the above “Parking Charge Notice”

b) Provide me with POPLA appeal code within 28 days of the date of this email.

c) Accept £2.00 as my full and final settlement for staying 1 hour 40 minutes more at the car park

Apart from c) in above, I will not be providing any other details or entering into any correspondence with you



Regards

[bluebottle]

Re: PARKING EYE ....Need new help!!

PE seem to be totally brainless if their latest escapade is anything to go by. Don't they ever learn that you cannot try pulling stunts and expect to get away with it. You would think that being landed with over £5,000 in legal costs for trying it on would have taught them a very firm and valuable lesson. Not PE.

Unless a Pay & Display charge is payable, in which case, that is all they are entitled to demand, PE can be told to go swivel. As for Morrisons, I would write to their CEO and remind him that Morrisons are 100% vicariously-liable for the actions - civil torts and criminal offences - committed by their parking contractor whilst they are on Morrisons' premises acting on their behalf and under their instructions. You might find Morrisons will change their tune.

[ParkingMine]

Re: PARKING EYE ....Need new help!!

Hi bluebottle

The first thing I did was to call Morrison's store Manager. He was awful; wasn't listening to what I was saying. He kept talking over me by saying; " YOU STAYED OVER 4 HOURS AND SPENT UNDER £8.00!!"
I then wrote to the Head office and this was their reply: :mad2:
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,


Good morning xxxxxxx
I was sorry to learn that you had received a Parking Charge Notice whilst parking at our Queensbury store. Perhaps I might explain the reason why our Queensbury store has parking restrictions. It is to ensure there is sufficient parking space available for our customers, and to deter people using the car park whilst attending to their other business elsewhere. I hope I have been able to explain why these car parking arrangements are necessary and that you will appreciate why, in the interest of fairness, there cannot be any exceptions to these arrangements. We regret that we are unable to accede to your request to waiver the parking charge on this occasion.Thank you for contacting Morrisons. Kind regards
Danielle WM Morrisons Supermarkets PLC

[bluebottle]

Re: PARKING EYE ....Need new help!!

Write to the CEO of Morrisons and mark it clearly FORMAL COMPLAINT. The penalty charges are illegal and Morrisons should know that. There is no excuse whatsoever. If a Pay & Display charge is payable, that is all they are entitled to receive. They would have to prove they have incurred loss and if they can't, they are on a very sticky wicket indeed.

There is also a possibility that the demand could amount to Fraud by False Misrepresentation (Section 2, Fraud Act 2006) or, if any threats are made, Blackmail (Section 21, Theft Act 1968). I suspect a lot of landowners and their muppet parking contractors know this, at the back of their tiny minds, but prefer to delude themselves they are doing no wrong. Pity some of them have to find out the hard way, like Parking Eye, OPC and VCS have.