WON ! ParkingEye PCN - Appealed

[bobosh13]

Hi guys,

Could you please help me with my query.
I received a Parking Charge Notice from ParkingEye for parking in York Medical Centre in Woking on 26/11/2013. The charge is for £100 (reduced to £60).

My wife had an appointment in the Health Centre next door and I was in the car the whole time. Apparently I was in there for 23 minutes, this is confirmed by the CCTV images of me entering the car park and leaving the car park.
I sent the following letter to ParkingEye, based on advice I found on this website:

Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On 26/11/2013 I was the registered keeper of a xxx registration number xxx.

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum
2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions Parking Eye – Car park management. Please tell me who the actual creditor making this £100.00 parking charge demand is. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.
5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.
7. Summary
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.


They have replied to me with a lengthy letter which explains Pre-estimate of Loss and Commercial Justification, and FAQs.
They have however not sent me the contracts between them and the landowner nor any photos of their signage as requested in my letter.
They have also not provided me with a POPLA code, although I guess this is due to me not asking for it in my letter.
I have today sent an appeal on their website asking for a POPLA code, so waiting for it.
Could you guys please advise what I should do next? On what basis will I be appealing to POPLA?
Is there a chance I may win this and what is the worst case scenario.

Many thanks in advance for any advice.

[mystery1]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

What was your appeal ?

If they accept it as an appeal rather than a request for information as your first one was in reality then it's all good. They'll either accept it and it's game over or they won't and you'll get a popla code.

Popla appeals like http://www.legalbeagles.info/forums/...-Appeal-Letter are winning.

M1

[bluebottle]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

It is all very well PE sending you photos of your vehicle entering and leaving the car parking, but this does not, in itself, constitute evidence that you parked there. Have they produced any photographic evidence of your vehicle parked in the car park? If not, they are being somewhat disingenuous, at the very least. They can send you reams of alleged test cases, but that does not necessarily mean they have lawful justification for demanding sums of money which are, in essence, speculative invoicing.

Photographs gained using ANPR equipment are vulnerable to manipulation and there have been cases where this has been found to have taken place. In one case, an employee of a parking company was sent to prison as a result of illegal image manipulation.

The private parking industry is becoming somewhat cocky and, dare I say, blase in their demands and justification for such demands. Sooner rather than later, one of the PPCs is going to blunder so badly or get caught out in a way that means they will find it difficult to extricate themselves from the excrement they find themselves in and there will be pressure brought to bear to end their activities as wheelclamping companies had their activities brought to an end.

[bobosh13]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

What was your appeal ?

If they accept it as an appeal rather than a request for information as your first one was in reality then it's all good. They'll either accept it and it's game over or they won't and you'll get a popla code.

Popla appeals like http://www.legalbeagles.info/forums/...-Appeal-Letter are winning.

M1

Hi M1,

Thanks for your reply, you're right the first letter I sent was a request for information. I have sent an appeal online on their website yesterday, do you think I should send one by post too?

[bobosh13]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

It is all very well PE sending you photos of your vehicle entering and leaving the car parking, but this does not, in itself, constitute evidence that you parked there. Have they produced any photographic evidence of your vehicle parked in the car park? If not, they are being somewhat disingenuous, at the very least. They can send you reams of alleged test cases, but that does not necessarily mean they have lawful justification for demanding sums of money which are, in essence, speculative invoicing.

Photographs gained using ANPR equipment are vulnerable to manipulation and there have been cases where this has been found to have taken place. In one case, an employee of a parking company was sent to prison as a result of illegal image manipulation.

The private parking industry is becoming somewhat cocky and, dare I say, blase in their demands and justification for such demands. Sooner rather than later, one of the PPCs is going to blunder so badly or get caught out in a way that means they will find it difficult to extricate themselves from the excrement they find themselves in and there will be pressure brought to bear to end their activities as wheelclamping companies had their activities brought to an end.

Hi BB,

Thanks for your reply, they have not sent me any photos of me being parked in the parking bays, only of my car entering and leaving the car park.
Not sure what ANPR equipment is?
After I get my POPLA code, do you think I can additionally mention that there is no proof I was parked there, as they only show the car entering and leaving the car park?

[mystery1]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

Hi M1,

Thanks for your reply, you're right the first letter I sent was a request for information. I have sent an appeal online on their website yesterday, do you think I should send one by post too?

If someone else (work) pays for the stamps it won't do any harm. I wouldn't waste my money on it though.

M1

[bluebottle]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

<p>

Hi BB, Thanks for your reply, they have not sent me any photos of me being parked in the parking bays, only of my car entering and leaving the car park. That comes as no surprise and is par for the course with those PPCs who use ANPR equipment. If put to strict proof, my gut-feeling is that the vast majority of attempted claims by PPCs would fail due to them being unable to provide evidence that a vehicle was, in fact, parked in a car park.</p>
<p>
Not sure what ANPR equipment is? ANPR = Automatic Number Plate Recognition.</p>
<p>
After I get my POPLA code, do you think I can additionally mention that there is no proof I was parked there, as they only show the car entering and leaving the car park? Mystery 1 is the best person to answer that question, though, it would not surprise me that if a PPC was challenged on this point, they would be snookered as how else can they prove you used the car park?

@@@@</p>

[CleverClogs]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

The private parking industry is becoming somewhat cocky and, dare I say, blase in their demands and justification for such demands. Sooner rather than later, one of the PPCs is going to blunder so badly or get caught out in a way that means they will find it difficult to extricate themselves from the excrement they find themselves in and there will be pressure brought to bear to end their activities as wheelclamping companies had their activities brought to an end.

Do the Private Parking Parasites pay VAT on the monies they demand and, if not, why not?

Come to that, does RLP pay VAT?

[bluebottle]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

Do the Private Parking Parasites pay VAT on the monies they demand and, if not, why not?

Come to that, does RLP pay VAT?

That is a question HMRC's VAT Section will need to answer, Cloggy. BTW, Happy Christmas.

[bobosh13]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

Hello guys!
Good news, I today got a letter from POPLA saying my appeal was successfull, here's what they say:
"The Appellant appealed against liability for the parking charge. The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith."
YAY!!!! Take that Parking EYE!

Of course I couldn't have done it without the excellent help of the fantastic guys on this forum.
Many thanks guys!

[bobosh13]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

What was your appeal ?

If they accept it as an appeal rather than a request for information as your first one was in reality then it's all good. They'll either accept it and it's game over or they won't and you'll get a popla code.

Popla appeals like http://www.legalbeagles.info/forums/...-Appeal-Letter are winning.

M1

Special thanks to you Sir! the Appeal Letter template did the trick!

[RozaP]

Re: ParkingEye PCN - Appealed, next steps please - Advice needed.

Hi there.
I've received same letter with penalty for parking in York House Medical centre back in January. They previously had the old address and just now got my current address from DVLA btw because of extended time of the matter could I simply ignore their attempt to contact me? Anyway I find this forum very helpfull and while reading your post I was wondering could you possibly attach a letter with appeal you've made online to PE if you still have a copy?
Hope I can resolve my matter as successful as yours.
thansk a lot.