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Hello All,
Parking Eye sent a letter to my parent house yesterday saying i have an parking fine, from November when i parked at a service station, and that they checked my credit file and saw that i may have moved hence no reply to their 1st letter ( i had moved )
Now, as far as i am aware, their fines are not legally enforcaable as someone told me its just an un-enforceable invoice.
I was 39mins over the limit, and you could take 10 mins away cos i was driving round looking for a space. and 5 mins to get out due to M11 Traffic ( as this was Birchanger Green Services )
I have written this letter to them - any advice :
MyName
MyAddress
24th January 2017
ParkingEye Limited
PO Box 565
Chorley
PR6 6HT
Dear Sir/Madam,
Re: Parking Charge Reference number xxxxx Vehicle registration: xxxxxx
I am the registered keeper of the above vehicle and have received the above demand from you.
I dispute owing you any amount and deny all liability in this matter. Please accept this letter as a formal appeal under your appeals process.
The basis of my appeal is:
1. The amount you have claimed is not a genuine pre-estimate of any loss to either Parking Eye or the car park landowner.
2. The signs in your car park fail to comply with your Accredited Trade Association’s Code of Practice
3. No contract was formed with the driver due to the fact that your signs were was not sufficiently brought to the attention of the driver.
4. ParkingEye is not the landowner and therefore Parking Eye does not have the right to enter into a contract with a driver nor does Parking Eye have the right to bring a claim for trespass.
Please confirm in writing whether you accept my appeal and withdraw your demand. If you reject my appeal, please provide the following particulars:
1) The basis of your charge (i.e. contract breach, trespass or contractual fee).
If you are alleging breach of contract, I require a breakdown of the liquidated damages you claim were suffered, and by whom, and how each particular loss arose.
If you are alleging trespass please enclose evidence of the alleged perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
If you alleging a “contractual fee” I request a VAT invoice from you and ask you to explain the daily rate for parking and service provided for that fee.
2) Please also advise the amount of money you would have received from the driver of my vehicle should the alleged contract have been met to your satisfaction.
3) Please advise the name and address of the landowner.
4) Please provide a POPLA code that allows me to appeal to POPLA.
5. There were plenty of spaces in the carpark, so the fine does not also justify holding up a spot for another user
If ParkingEye rejects my appeal: please do not contact me again with more demands as I deny owing Parking Eye any money and deny that any driver of my vehicle has entered into a contract with you. Any legal action you initiate against me will be defended.
Yours sincerely,
MyName
Thanks in Advance
Parking Eye sent a letter to my parent house yesterday saying i have an parking fine, from November when i parked at a service station, and that they checked my credit file and saw that i may have moved hence no reply to their 1st letter ( i had moved )
Now, as far as i am aware, their fines are not legally enforcaable as someone told me its just an un-enforceable invoice.
I was 39mins over the limit, and you could take 10 mins away cos i was driving round looking for a space. and 5 mins to get out due to M11 Traffic ( as this was Birchanger Green Services )
I have written this letter to them - any advice :
MyName
MyAddress
24th January 2017
ParkingEye Limited
PO Box 565
Chorley
PR6 6HT
Dear Sir/Madam,
Re: Parking Charge Reference number xxxxx Vehicle registration: xxxxxx
I am the registered keeper of the above vehicle and have received the above demand from you.
I dispute owing you any amount and deny all liability in this matter. Please accept this letter as a formal appeal under your appeals process.
The basis of my appeal is:
1. The amount you have claimed is not a genuine pre-estimate of any loss to either Parking Eye or the car park landowner.
2. The signs in your car park fail to comply with your Accredited Trade Association’s Code of Practice
3. No contract was formed with the driver due to the fact that your signs were was not sufficiently brought to the attention of the driver.
4. ParkingEye is not the landowner and therefore Parking Eye does not have the right to enter into a contract with a driver nor does Parking Eye have the right to bring a claim for trespass.
Please confirm in writing whether you accept my appeal and withdraw your demand. If you reject my appeal, please provide the following particulars:
1) The basis of your charge (i.e. contract breach, trespass or contractual fee).
If you are alleging breach of contract, I require a breakdown of the liquidated damages you claim were suffered, and by whom, and how each particular loss arose.
If you are alleging trespass please enclose evidence of the alleged perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
If you alleging a “contractual fee” I request a VAT invoice from you and ask you to explain the daily rate for parking and service provided for that fee.
2) Please also advise the amount of money you would have received from the driver of my vehicle should the alleged contract have been met to your satisfaction.
3) Please advise the name and address of the landowner.
4) Please provide a POPLA code that allows me to appeal to POPLA.
5. There were plenty of spaces in the carpark, so the fine does not also justify holding up a spot for another user
If ParkingEye rejects my appeal: please do not contact me again with more demands as I deny owing Parking Eye any money and deny that any driver of my vehicle has entered into a contract with you. Any legal action you initiate against me will be defended.
Yours sincerely,
MyName
Thanks in Advance
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