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hi parking eye ticket and unsuccesful appeal


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hi i need some help please.my girlfriend was driving my car she was in morrisons in acton london she over stayed in a free car park by 40 mins .she did not know that there was a time limit on this car park first we knew is when parking eye sent a invoice through the post. the reason she overstayed was she waited 25 mins for a parking space as on a friday people use this car park to go to friday prayers in the local mosque

 

i copied a letter to parking eyes that i got from here

 

Default Re: Parking Eye are at it again.......

Appeal to Parking Eye as the Registered Keeper ONLY as follows (either by their online appeals portal or by post (if post GET PROOF OF POSTAGE)) :-

 

Your name

Your Address

 

Date

 

A Formal Appeal Against A parking charge

 

Dear Sir

 

Your ref; parking charge number xxxxxxxx

 

Whilst the DVLA may have informed you that I was the registered keeper of the motor vehicle in question, at this stage I make no admission as to the identity of the either the keeper or the driver at the material time.

 

This appeal is on the following grounds:-

 

• Your Notice does not comply with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore legally barred from pursuing the keeper.

 

• The £100 parking charge is excessive. It does not represent a genuine pre-estimate of loss caused by the alleged parking contravention; as such it is a legally unenforceable penalty charge.

 

• You do not have sufficient contractual authority from the landowner to issue and enforce parking charge notices.

 

You have set out your case in your parking charge notice; this is the response and the formal appeal.

 

You therefore have two options;

 

1) Either accept the grounds of appeal and cancel the parking charge

Or

2) Refuse the appeal and provide me with the unique 10 digit code in order that the matter can be properly referred to POPLAicon for independent adjudication.

 

Finally, I have nothing further to add to this appeal and therefore will not respond to any further correspondence with your company; so either cancel the parking charge or provide the POPLA code as required by your industry Code of Practice.

 

Kind regards

 

(Print the name of the Registered Keeper here - do not sign it)

 

 

and today i get a unsuccesful letter from them with a popla code on it i checked the code and it seems ok but in the letter its going on about the judgment from the judge from the parking eye vs beavis case as i am aware the judgment is expected after easter how can i appeal to popla i will upload letter from parking eye

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You have left the POPLA code on your rejection letter. I would take it down if I were you...

 

If you have checked the code then you would see that it was generated two weeks ago, which means half of your appeal time has gone.

 

You should put in a complaint to the BPA about this, and the fact that PE are using the Beavis case when it has gone to appeal.

 

Your appeal should be that you wish to see a full breakdown of the genuine pre estimate of loss that the charge must represent, proof by site of contract ,that PE have the authority to issue and pursue parking charge notices, and that you believe the charge to be punitive.

If you have a receipt or bank statement from the day then a copy should be included.

 

The COA decision may mean additions to the appeal of course.

 

Complain to Morrisons vigorously as well about the treatment their agents dish out to customers...

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