Parking Eye

[bluebottle]

Re: Parking Eye

The position of retailers, retail park owners and others who use PPCs is that the PPC is an agent and the retailer, retail park owner or whoever owns a car park carries ultimate legal responsibility for their actions whilst operating on the land. However, what can sometime happen is that a retailer or retail park owner does not own the land a retail development stands on, but leases it on a long leasehold of, say, 99 or 125 years, paying ground rent to the freeholder of the land. It is not as cut and dry as PPC would like motorists and courts to think. Do your research. It could pay dividends in the long-run.

[des8]

Re: Parking Eye

Yes.circumstances are different as this is the court form.
Sorry I jumped too quickly and it didn't register with me that you'd gone this far down the system.
Follow M's advice which will be to acknowledge the court claim form, as that gives you more time to write a defence, and post up a redacted copy of the claim form so you get a targeted defence.
But do follow M's advice.. it is very good.
I was in court yesterday with one of M's and PE's solicitor reckoned it was the most detailed defences she'd seen for a parking case. (The case was postponed or stayed awaiting the result of a decisive judgement in another court)

[grant007]

Re: Parking Eye

Letter before action/claim or actual court claim form N1 ?

M1

Hi M1, it is the "Claim Form N1" county court, PE are trying to claim £85 ticket money, £15 court Fee & £50 solicititors costs, so a Total of £150.
We have not replied to any of the letters they have sent so far, my daughter doesnt actually live here anymore if that has any bearing on it, but her car is still registered here bless her, do I have to fill all the details in on this claim form then?
I will persue the Planning Permission for CCTV/Anpr but not sure of correct procedure of all if the N1 make's a difference now.
It appears that everyone used to say do not give these sharks 1 pence, but now it looks like they can get you to court.
Any help appreciated if Circumstances are different now ith it being an N1 form from the postings above for appeal that I was told to do please M1??:tinysmile_hmm_t2:

If I ignored this then I guess they would win and then we would get a CCJ or Baliffs or Both would we?
What really gets me is that my wife has happily shopped at morrisons for nearly 20years, now she is fuming with the Place
I was thinking of going in to see the manager of Morrisons today, would that help or is this too far gone now M1? but I read somewhere that even if the manager gets the ticket cancelled then PE will still charge?
None of the letters have been recorded delivery either, so there is no proof that I have even recieved them.
Shall I return the letters saying "Not Known at this address"? does that have any bearing?
Is it too late for the manager to cancell the court letter?
Would it be that the CAr park is not owned by PE so they have right to do this?
So many thanks in advance
Grant:tinysmile_twink_t2:

[bluebottle]

Re: Parking Eye

Planning applications and decisions are a matter of public record. Anyone can ask for information on a planning decision. Most local authorities have a page or pages on their website to enable planning applications and decisions to be viewed. I do not feel you have anything to lose by asking the local authority for the requisite information. If no permission has been granted, I am sure they will be very pleased to hear from you. :tinysmile_twink_t2:

[mystery1]

Re: Parking Eye

we have the county court letter

Letter before action/claim or actual court claim form N1 ?

M1

[grant007]

Re: Parking Eye

Contact the planning authority for the Reigate area to establish if PE or Morrisons have planning permission to erect ANPR or CCTV cameras at the location you refer to. If they do not, both PE and Morrisons may be stuffed as regards enforcing any alleged parking charge by use of ANPR/CCTV camera. The Information Commissioner's Office (ICO) may well be interested in hearing from you about it if this does prove to be the case.

HI and welcome,
Just write to PE along these lines
"I am in receipt of your letter......
I am appealing the parking charge on the basis you are not the landowner and so not entitled to make the claim, and the charge, being in the nature of a penalty, is unenforceable.
In the event you disallow my appeal please forward a Popla code.

Your appeal to PE will be disallowed but with help from this site you will win at Popla

Thank you Both i will do this,
So I guess gone are the days when everyone was saying ingnore ignore :tinysmile_aha_t:
It would just my luck they will have planning for the cameras but then will also use the "your are not the Landowner" and I'l let you know how I am getting on :tinysmile_twink_t2:
Thank you both again
Grant:tinysmile_twink_t2:

[des8]

Re: Parking Eye

HI and welcome,
Just write to PE along these lines
"I am in receipt of your letter......
I am appealing the parking charge on the basis you are not the landowner and so not entitled to make the claim, and the charge, being in the nature of a penalty, is unenforceable.
In the event you disallow my appeal please forward a Popla code.

Your appeal to PE will be disallowed but with help from this site you will win at Popla

[bluebottle]

Re: Parking Eye

Contact the planning authority for the Reigate area to establish if PE or Morrisons have planning permission to erect ANPR or CCTV cameras at the location you refer to. If they do not, both PE and Morrisons may be stuffed as regards enforcing any alleged parking charge by use of ANPR/CCTV camera. The Information Commissioner's Office (ICO) may well be interested in hearing from you about it if this does prove to be the case.

[grant007]

Re: Parking Eye

Hi Chaps :tinysmile_twink_t2:
My daughter got the parking fine from P.E in Morrisons in Reigate, I thought the idea was to ignore these sharks and I did once before and never heard a thing from them again, but it seems after breifly reading the latest posts on here that the law may have changed now,
I told my daughter who's car is registerd to her to ignore, but now we have the county court letter and I thought I should find some advice, my wife is a regular in morrisons but we have no receipt for this occasion, I guess I have to respond now to the county court letter for my daughter but just saw the posting above and wondered what template it is I need and where to send it to or what to acually do here next please??
Is it too late to go to the store manager now we have a court letter please??
May I just say thank you for all of you for taking the time to help others in these circumstances for these sharks to drain money from good law obiding people:tinysmile_twink_t2:
I thank you for helping others.
I did try to google whether Morrisons in Reigate have planning permission for Camera's and I will now search again, but as my wife and daughter are worried I wanted to get this posting up 1st to try and calm them down while I try to find the correct action here
Thank you all again:tinysmile_twink_t2:
Grant:tinysmile_twink_t2:

[welfare]

Re: Parking Eye

I've bought both of these, they're well worth a read and very cheap. http://parking-prankster.com/court-claim.html

I would like to say a big thank you to legal beagle and the people who helped me to appeal the 3 parking eye notices I received I have now won all 3 thanks to the help of this site took a while to do them but they have been well and truly shafted thanks again. popla is the place to go with the appeal letter template off this site, thanks again if you would care to name a charity I will gladly make a donation thanks

Re: Parking Eye

I've bought both of these, they're well worth a read and very cheap. http://parking-prankster.com/court-claim.html

[mystery1]

Re: Parking Eye

When/if they reject it go to popla with a good appeal and you'll win. Do not ignore.

If you lose at popla, 1. I'll be amazed if you have included genuine pre estimate of loss 2. You can then ignore unless you get court papers.

M1

[xxbenjam]

Re: Parking Eye

have done it now.

i await their response. I have read several threads and posts regarding this issue, is it wise to simply ignore this once they reject it? people seem to have success just by doing that where others recommend appealing.

if POPLA reject my claim what happens then? shall i ask them/landord for a breakdown of losses they have incurred by me parking for 27mins?

[mystery1]

Re: Parking Eye

the letter has now been fixed thanks to Amesthyst

i have lost some of what i wrote in the email i sent to them but luckily i had a bit saved on Word before hand.

"today i received yourletter.
I am appealing yourparking charge because i don't believe you are the landowner and inany case it's a penalty. In the event you disallow my appeal pleaseforward a Popla code for me to utilise.


Also i notice thatParking Eye and MONICO LEISURE have not had planning permission toerect any ANPR Devices at all from the local county planningdepartment. this would make any ANPR evidence you have attempted touse inadmissible and technically illegal."

i then went on to mention the POF Act 12 sec.9 but i've since realised they were within the 14 day timeframe even though the event occured on 31.01.2014 and they issued it 6 days later i still received it within 14 days.

i have contacted my local council already alerting them to ParkingEye operating without permission and have asked for their comments on it. i emailed them saturday 22/02/2014.

i have had correspondence with Blue bottle (see thread)

your assistance would be greatly appreciated

many thanks

In which case a wee reminder email would be good, stating that you have nothing to add to your appeal and if they want to reject it give you a popla code.

M1

[xxbenjam]

Re: Parking Eye

Your name and address are on that letter.

Can you post up what you sent them please ?

M1

the letter has now been fixed thanks to Amesthyst

i have lost some of what i wrote in the email i sent to them but luckily i had a bit saved on Word before hand.

"today i received yourletter.
I am appealing yourparking charge because i don't believe you are the landowner and inany case it's a penalty. In the event you disallow my appeal pleaseforward a Popla code for me to utilise.


Also i notice thatParking Eye and MONICO LEISURE have not had planning permission toerect any ANPR Devices at all from the local county planningdepartment. this would make any ANPR evidence you have attempted touse inadmissible and technically illegal."

i then went on to mention the POF Act 12 sec.9 but i've since realised they were within the 14 day timeframe even though the event occured on 31.01.2014 and they issued it 6 days later i still received it within 14 days.

i have contacted my local council already alerting them to ParkingEye operating without permission and have asked for their comments on it. i emailed them saturday 22/02/2014.

i have had correspondence with Blue bottle (see thread)

your assistance would be greatly appreciated

many thanks