Are the Hotel and parking company one and the same? If not, have you complained to the Hotel about it? Regards

Agreed. More than likely, PE won't even bother from their end, once they see those three points of appeal to POPLA.

I did both. Online [can't always be sure that they will "receive" it... plus it's limited, I pretty much said the short above appeal online, and added I'd provide evidence of mine via email. Online you would check/ tick 'I am not liable for the parking charge' option Also sent, the exact same thing by post [signed For Delivery, I suppose Free Proof of Posting will be fine too] Regards Edited to Add: Might be worth checking the POPLA Code here: http://www.parkingcowboys.co.uk/POPLA-code-checker/

I'm sure other's will add more to it, but it's something to start around. Regards

Well done labrat. Pretty much the same reply I had via POPLA on a recent spec invoice. I'd be interested in your claiming costs, just to see how it pans out, I'd prob give it a go too. Regards

Well done mamagoogs. Glad you got it sorted, also glad to see common sense prevails with some companies. Regards

Hi, A month or so ago, I also received a ticket from Smart Parking for an overstay in Asda. I emailed the CEO, and a week or so later, received a reply from the Directorates office saying they have spoken to the store manager and that when I next pass by to bring the NTK and speak to the store manager and they would have it cancelled straight away. Although I never could get hold of the store manager, I left a copy of the paper with whoever was the manager at the time, and I emailed the Directorate dealing with me and asked him to find out if it has been actioned. I got a reply stating the ticket had been cancelled. it's most definitely worth emailing the CEO, Andy Clarke, and venting your frustration. Tell them what happened, and how you want it resolved. Hopefully they have the common sense to cancel it straight away as well. I can PM you a direct email for the person who dealt with my own case if you want. I would put it on here, but I don't think it would be fair to the employee in ASDA Head Office. If this fails, then make a short appeal to Smart Parking and ask for a POPLA code if they reject your appeal, then you can send a strong appeal to POPLA and hit Smart Parking where it hurts... Regards

I totally get what you are saying and agree. All I meant in regards to cocking up the soft appeal is that I had appealed in the drivers name, as that had been provided to PE, yet they rejected the appeal (obviously) but sent it and the POPLA code to the registered keeper, who has nothing to do with it anymore. But, by-the-by, alls done and sorted.

Hi hitchy1 - please also have a look at my thread [ http://www.consumeractiongroup.co.uk/forum/showthread.php?421126-Parking-Eye-%28again!%29%282-Viewing%29-nbsp ] My overstay was for close to 8 hours and I just recently received notice through POPLA that the Operator should cancel the ticket forthwith. I can understand your thoughts with paying the lower amount, however, appealing on just two points will as far as I am aware through the many cases on here and also other websites you will win the appeal. Parking Eye are really only going to get away with their shoddy ways by people paying the exorbitant amounts that they claim they are being owed. Anything you appeal to Parking Eye with will result in an instant appeal rejected letter, why should they accept it and lose out on 50 or 60 odd pounds by sending more scary letters. Once you get rejection letter, and the POPLA Code that they HAVE to send you, an appeal to POPLA asking for two things will win you the case [1] Parking Eye need to provide you with sight of the actual contract between themselves and the Landowner that they have the authority to take Legal action against in their own name; and [2] Parking Eye need to provide you with a breakdown of their Genuine Pre-Estimate of Loss [ie, how you parking in that car park space on that day at that time for however longer your overstayed caused them to make a loss of 50 - 60 pounds. They won't be able to do so, cos they have not lost anything in the first instance. I'd urge you to take the various advice on your thread. Just my opinion, having been through the process recently. Kind regards

Cheers f16. Money well spent for them me thinks Cheers armadillo71. To be fair, the gist of it mainly incorporated your post #10, along with a bullet point of what was sent back and forth before it went to POPLA. I've attached the first page of my appeal, there were 3 further pages which was basically added from a template I found elsewhere. So, I appreciate your help from earlier a lot. It surprises me that it seems that PE almost didn't bother respond to the appeal as soon as it was with POPLA. I'm guessing they knew they cocked up, by rejecting the soft appeal to the registered keeper, when they clearly had the driver details. Either way, money well spent by them, plus it just goes to show whether it is a 1 minute, 10 minute or 8 hours overstay, they generally are a bunch of thieving buggers preying on the easy payers. Regards

Parking Eye blinded (again!) Thanks to all for their help and input. Regards Edited to add: The overstay was almost 8 hours

I wish I was a genius No worries cmills78. I'm glad it helps. Best wishes.

Thanks for all the replies and thoughts to all. Three sentence appeal? Genuine pre-estimate of Loss/ Contract/ UTCCR? Would these suffice? Yes, the driver is at a serviceable address. This is what gets to me, PE have already sent a letter some weeks back, addressing the Parking Charge to the driver. Within the letter it states "...Your details have been provided to us by the registered keeper, naming you as the driver of the above vehicle at the time of the parking event. As such, you are now required to pay or appeal this Parking Charge..." The driver appealed in his name. So, I find it strange (not surprisingly) that they have sent the rejection letter/ POPLA code in the name of the registered driver. Who, taking the above quote into account, is not liable for the Parking Charge... am I right? Which is why I was thinking that just waiting the 35 days, would kill the ticket dead. I mean, PE cocked up as far as I can see. As above, Genuine pre-estimate of Loss/ Contract/ UTCCR? Would these suffice? ----------------------------------------------- I just got a copy of the rejection letter... it actually states the following: "... We also note that a number of your 'queries' are of a generic nature, a number of which we have seen before..." Are they taking the peas? The Registered Keeper has not sent any queries. Only two letters were sent by the RK, (1) Giving driver details (2) Same letter again (as they were too stupid to actually read the 1st letter.) So I don't see where anything is generic nor do I see where any are even queries. The general consensus seems to be to use the appeal code to popla. So, I take I just do it in the RK's name? Would they turn around and say, actually the driver details were provided to PE, so we can't accept the appeal cos you're not liable... and then get more BS in the drivers name later down the line... Thanks for the help and advice. Regards

Thanks for your reply armadillo71. I would like further opinions on this too, if anyone else can help. Surely, by providing the driver details, the registered keeper has no liability to the parking charge notice. He has completed his 'duty' by providing the details, so any further contact with that parking charge reference has nothing to do with him and he can ignore it, in it's entirety. Taking into account, PE have sent letters, which say that driver details at the time of the incident have been provided, it goes to show that they now know who they should be going after. By rejecting the appeal and then again sending it to the registered keeper (who has no liability anymore), with the popla code, that's PE's tough luck? I suppose its just a small detail, but technically the son has not received the rejection letter/ popla code, so technically can't appeal to popla. Personally I think this is PE's own fault and therefore by not sending the rejection letter/ popla code addressed to the son after 35 days, would their own mistake/ admin error/ carelessness cause that particular referenced parking charge to be in default in accordance with the time limits? I'm just thinking outside the box here. Would appreciate everyone's thoughts/ opinions if I am barking up the wrong tree. Regards

Had a similar issue sometime last year, which was ultimately cancelled. Without going into too much detail: Got a Parking Charge Notice end of 2013, again in my friends dads name (car is registered to the dad, who is out of the country). Didn't want the hassle of it all being in his name, so sent a letter naming the son as driver. Eventually Parking Eye sent the Parking Charge Notice in sons name. Sent a short appeal denying that anything is owed and asked for a POPLA code. Yesterday, received a letter with the POPLA code, but its been sent in the dads name. Considering the son was named as driver, can it be ignored until the 35 days are up and therefore canceled for being out of time? Or should we inform them it has been sent in the wrong name again, get them to correct it and then send a full appeal to POPLA? I'm not sure which way to go at the moment. Thanks

Thanks RaeUK Thanks stu007. Can I also echo your sentiments and give a great big thank you to everyone who has helped and advised me. Even though its just words, I truly believe it has helped me personally and emotionally to keep things together and get through this process still with a head full of hair

Found a nice sum deposited into my account sometime yesterday. Thought it'd take longer but I shouldn't complain. As advised I didn't call them, but to have it done and dusted within under 3 weeks without any chasing is remarkable. I can breathe again, until the next round of battles commence with re-assessment et al. Regards

Thanks. I'll hold tight for now for a few weeks more then. Regards

Still got Assessment rate payment... So I'll maybe give them a call later today. It's been almost two weeks, so hopefully they'll be able to give me some idea of whats going on. I've made copies of the Tribunal appeal decision, which I'll send later today too. I suppose this is pretty much all I can do for now. Thanks as always for your help and advice Kind regards

Cheers antone. Appreciate that. Regards

Thanks. If it's rare then I guess I should be alright. Is there is anything I need to do now? Contact BDC to ask what happens now and when I'll be sent the back pay/ change of rates? Or should I leave it for now and see how it pans out? Regards

Thanks. I also appreciate all your help and support with my case Margaret. I think you can change the thread title. Hopefully DWP don't appeal the decision. Can they do that? Awesome. If it's week 14, then I'm due just shy of one years worth of back payments. Tidy lump sum I hope.

Thanks RaeUK In regards to back payments, will it be from week 14 of my claim or will it be from when they failed me at the medical as there is a 3 month difference between the two dates? Also in the letter, it says that '... but it considered that regulation 35 applied'... any idea what that means? Thanks Regards

Greetings to all. So, I had my ESA Tribunal on Thursday gone. Within 10 minutes of arriving I was taken to the interview room, where there was a Judge and a Doctor. They introduced themselves and explained what would happen. It was totally informal and they were both respectful to me. The doctor mainly talked and asked me questions based on my appeal letter and all the consultant letters which I'd sent them 7 days prior to my Tribunal. They commented that they were happy with how I presented the Appeal letter, in that it really addressed which descriptors I felt applied to me, even though what I wrote was arguing against what the HCP had written from the medical. At this point I would like to thank honeybee and all who contributed for the appeal letter template in the stickies. I used that and I think it helped immensely. The whole Tribunal lasted approximately 20 - 30 minutes. At the end, I was expecting they'd send me out and then give me a decision, however they both whispered amongst themselves and told me that a part of the WRAG Group would mean I'd be called into the jobcentre for help with getting back into work at some point and if I'd be okay with that. I argued my case that I should be in the Support Group and that my appeal letter and medical evidence sets out why. At this point they said they'd send a letter to me later during the day with their decision. I was a bit annoyed with this, I hate they whole waiting aspect of it all. Since Thursday, I was thinking about it all. Didn't think I had explained myself well. Didn't clearly explain how it all affects me day to day. So figured they'd disallow. This morning, I received the letter. I opened it with trepidation. They have ALLOWED the appeal and placed me into SUPPORT GROUP. I accrued 15 points, and they have recommended I'm not assessed for 1 year. (Obviously, this time period is not to be taken on face value.) It's been a whirlwind experience, but I'm glad that it's done and dusted with. Thank you to everyone who helped me with this. I don't think I'd have got through this without the help and support of everyone here. Kind regard

Judgement day has arrived. Got my tribunal tomorrow. A bit anxious now... Expected I guess. Any last minute advise or tips for the tribunal? What should I expect? Also, if anyone has been to Fox Court in London, any idea of if there are parking facilities there, as I will be taken there. I can't afford taxis there and back and also Public Transport is too much too soon for me at the moment. It's sort've come at the wrong time unfortunately, as I had surgery just two weeks ago. Regards CR