parkingeye "drop off area"

[bourneagain]

I have previously won a ticket against euro car parks limited so am familiar with this process. i sent the usual template letter (not a contract, not holding sufficient interest in land, charges are penalties, etc...) + the fact the letter didn't comply with pofa 2012, paragraph 9.(2a) and 9.(2d). I think I won on the latter. they never replied.

Got another one to deal with, this time with parkingeye and would appreciate a little help. I know these guys are a little less cowboy than the rest. they also have beavis up their sleeves. now the letter fails pofa 2012 however, the nature of the charge is different i.e there was no unpaid parking charges. It was a drop off area in a clinic that allows 10 min parking and anyone overstaying is slapped £100. there are also disabled bays but you to park there you must register the vehicle reg at the reception in the clinic. my mother parked for an hour in the disabled bays, displayed the badge but did not register her vehicle reg at the reception as clearly pointed out in the sign boards.

so im a bit stuck as to what angle to take. discussed with the clinic, they printed a letter that proved we were in consultation for over an hour and advised to send that to parkingeye asking for the charge to be dropped. I don't think that's a good idea, i think they will be music to their ears and enforce the penalty.

[mystery1]

Re: parkingeye "drop off area"

Contact the clinic and ask the management to cancel it.

Appeal too.

Dear Sirs,


I, as registered keeper, wish to invoke your appeals process. The driver did not know about entering the registration number and was a genuine user with a blue badge occupant in the vehicle (see letter from clinic) I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9 in several aspects .


Should you reject my appeal please supply a popla code.


Yours etc




If popla is need let me know.


M1

[bourneagain]

Re: parkingeye "drop off area"

Contact the clinic and ask the management to cancel it.

Appeal too.

Dear Sirs,


I, as registered keeper, wish to invoke your appeals process. The driver did not know about entering the registration number and was a genuine user with a blue badge occupant in the vehicle (see letter from clinic) I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9 in several aspects .


Should you reject my appeal please supply a popla code.


Yours etc




If popla is need let me know.


M1

we asked the clinic, they referred us to the appeal process.

I thought that when you appeal with something like "did not know" you become vulnerable and it's easy for them to say "sorry, those are the rules, pay up."

so you dont recommend including the other points such as not a contractual charge, breach of contract or trespass, asking about losses, etc...

[bourneagain]

Re: parkingeye "drop off area"

my letter so far:

Dear Sirs

Re: PCN No. xxxxx

I visited The Loxford Clinic for a consultation and parked in the disabled bay but did not know about entering the registration number at reception. I am a genuine user with a blue badge displayed in the vehicle (see letter from clinic).
I challenge this 'PCN' as keeper of the car, on these main grounds

The purpose of this communication is:

1. Formal challenge
I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below.
2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless I also believe the sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified. but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your mail. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.


4. Your 'Notice' to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9 in several aspects.
By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

I have kept proof of submission of this challenge and a copy has been sent via post. I look forward to your considered reply within 35 days.
Should you reject my appeal please supply a popla code.

Yours faithfully,

[Kati]

Re: parkingeye "drop off area"

[MENTION=5354]mystery1[/MENTION]'s letter will get you the POPLA code, and then you add to the appeal for that

[bourneagain]

Re: parkingeye "drop off area"

ok so drop my essay and just send the mystery1 letter?

[Kati]

Re: parkingeye "drop off area"

ok so drop my essay and just send the mystery1 letter?

:thumb: your 'essay' is a good start for the popla stage tho' xx

[mystery1]

Re: parkingeye "drop off area"

Your essay is bad because you tell them who was driving rendering point 4 useless (point 4 is a strong point).

M1

- - - Updated - - -

we asked the clinic, they referred us to the appeal process.

I thought that when you appeal with something like "did not know" you become vulnerable and it's easy for them to say "sorry, those are the rules, pay up."

so you dont recommend including the other points such as not a contractual charge, breach of contract or trespass, asking about losses, etc...

No because they'll just reply "See Beavis, feck off"

M1

[bourneagain]

Re: parkingeye "drop off area"

ok, this is what i am going with:

I wish to invoke your appeals process. The driver visited the Loxford Clinic for a consultation and parked in the disabled bay but did not know about entering the registration number at reception. The driver is a genuine user with a blue badge displayed in the vehicle (see letter from clinic).
I note your 'Notice' to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9 in several aspects.
Should you reject my appeal please supply a popla code.

done.

- - - Updated - - -

Your essay is bad because you tell them who was driving rendering point 4 useless (point 4 is a strong point).

M1

- - - Updated - - -



No because they'll just reply "See Beavis, feck off"

M1

what if I pre-empt that by adding something about beavis not applicable here as beavis was ruled in a car park where operator paid 1000 per week

[mystery1]

Re: parkingeye "drop off area"

I'd rather drop the blue badge and patient angles completely than give them information to the identity of the driver. Keeper liability is the biggest weapon in our arsenal and should not be neutralised unless necessary, which is hardly ever. (eg a work vehicle where work are arsey about getting letters etc)

M1

[bourneagain]

Re: parkingeye "drop off area"

done.

will update on progress.