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Parking eye - parking charge notice **Dropped before POPLA**


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I have a car, I'm not a mechanic and can just about figure out how to put oil in it but I understand that it has an engine and that so long as I put diesel in it it works. I don't understand why it works, all the technical stuff, it is enough for me to know that it does work.

 

 

 

I call this 'yellow jacket syndrome', you are coming at this from a position and thought process that this is somehow a legitimate process and on a par with a police or local authority ticket. This is entirely understandable and in fact it is how this private parking business model works.

 

The other issues (grace period and signage) are fine and dandy if you want to get into a protracted argument with the operator but don't lose sight of what will give you a slam dunk win, by all means throw the other arguments in but you must understand and accept they are not the necessarily the silver bullet you need.

 

In regards to the slam dunk win, which part of the appeal process will give me this? I am sending the appeal template off today, as its written and with a couple of things added on about the fact 10 minutes is an accurate amount of time topark, walk to the paying machines, and walk back before leaving.

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It doesnt really matter what you say to Parking Eye as long as you get the POPLA ref code so appeal to them in writing saying that your were not parked so no parking contract has been formed to be broken. When you get a rejection letter it will contain a long code and that is the POPLA reference. You can then use several arguments and I would go with the no contract formed as you werent parked and no as there was loss to PE it would be impossible to showe a genuine pre-estimate of loss so the charge claimed is a penalty.

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In regards to the slam dunk win, which part of the appeal process will give me this? I am sending the appeal template off today, as its written and with a couple of things added on about the fact 10 minutes is an accurate amount of time topark, walk to the paying machines, and walk back before leaving.

 

Sending the template letter will not get the ' slam dunk win'.

ParkingEye will reject your appeal and should give you a code number for POPLA.

That is where the ' slam dunk' will be... if a no show is classed as slam dunk.

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Can someone please post a link to a word document for the template letter? I cannot open it as its a zip file/xml file and i can only print it in work so it doesn't work. Or just copy it into a post and i will copy it into my email to them. Thanks

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Can someone please post a link to a word document for the template letter? I cannot open it as its a zip file/xml file and i can only print it in work so it doesn't work. Or just copy it into a post and i will copy it into my email to them. Thanks

 

You don't need a template.

' As registered keeper of vehicle reg no. XXXXXXXX, I wish to invoke your appeal process as I am not liable for this charge.

Please cancel this charge forthwith , or provide me with a validation code for the independent appeals service POPLA.

The land owner has suffered no loss by my vehicle being in the car park for nine minutes.

I am under no obligation to name the driver of the vehicle. '

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  • 4 weeks later...

They are talking rubbish but that is not of any consequence as you have your POPLA code. Your appeal should be that you were not parked and therefore no contract formed between PE and driver of vehicle. That PE should show contract between themselves and landlord or occupier that allows them to pursue anyone for alleged breaches in their own name. That PE should show what loss they have incurred by the incursion of your vehicle onto the land specified and if they cannot a genuine pre-estimate of loss should it be decided that a contract was formed by this incursuion.

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  • 4 months later...

Just to let everyone know (i know this will be an unnecessary bump but may help others) ... after getting an email saying POPLA would investigate and they were going to request evidence from Parking eye and would forward any docs on to me, it was a waiting game until the 'hearing date'. The day before this date i realised i had been sent nothing which would breach the terms of the appeal, to which i got a reply from POPLA saying Parking Eye had not got back to them so I had won the appeal and no further action would be taken. So thanks for everyones help anyone.

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par for the course with PE these days, better for them to avoid possible legal action against themselves by keeping schtum rather than handing over the evidence that shows they are misrepresenting themselves in their claims.

Still, I am pleased for you and I bet you are glad that this is all over and decided in your favour.

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