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Issued with PCN but does appealing legitimise the ticket?, * Update * Appeal Rejected.
Z3006
post Thu, 2 Jul 2020 - 21:20
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Hey guys,
I was issued with a Parking Charge Notice through ANPR early last month which was wrongly issued. I left the car park immediately after entering because i didn't want to pay and parked on a lane outside instead, outside of their jurisdiction. sometime later I then drove back through the car park to get to the main road and go home. They've taken the time between the first entry and last exit as time i was parked which i wasn't.

I'm under the impression that if i go through the appeal process i am acknowledging the legitimacy of the ticket which i have no intention of doing whatsoever. the terms of the car park state if i was to wait, park or remain on the car park then i agree to comply with the parking contract. i left the car park within a minute of arriving and therefore did not comply with the contract and cannot be issued a fine.

Is officially appealing the right thing to do or should I do more of an unofficial appeal stating my refusal to pay and my reasons?

thanks in advance.

Zee.

This post has been edited by Z3006: Wed, 8 Jul 2020 - 19:43
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Z3006
post Wed, 8 Jul 2020 - 19:08
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QUOTE (Jlc @ Wed, 8 Jul 2020 - 19:51) *
QUOTE (Z3006 @ Wed, 8 Jul 2020 - 19:37) *
Something Parking Eye have clearly not done with the request in my appeal.

The usual MO is for you to do all the leg work and submit a comprehensive POPLA appeal for them to simply not contest.

After all an accepted appeal will never see income... Cynical but true - there was secret filming done at a PPC where they were caught saying, "We never read appeals, we just make something up and reject them".


Damn! No chance that PPC was Parking Eye!? laugh.gif laugh.gif

I'm going through everything from BPA CoP to similar PE Double Dip cases that have been successfully appealed. My aim is to get as much together as possible before submitting to POPLA.

Another point i'd like an opinion on is unclear signage. I included in my appeal that the sign on the approach to the car park which states it is privately enforced is obscured by an overgrown bush. You cannot infact notice or read the sign until you have passed the entrance to the car park and your registration has been captured by ANPR. So you're caught on ANPR and the 15 minute grace period has already begun counting down before the driver is even aware that they're in an ANPR enforced car park.

Surely this isnt right? I have before and after photos of the bush I will post up once I get them from my phone. I included all photos in my appeal to Parking Eye and again it is something they have completely ignored.
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post Wed, 8 Jul 2020 - 19:08
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Jlc
post Wed, 8 Jul 2020 - 19:54
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QUOTE (Z3006 @ Wed, 8 Jul 2020 - 20:08) *
Damn! No chance that PPC was Parking Eye!? laugh.gif laugh.gif

Probably not - here.

QUOTE (Z3006 @ Wed, 8 Jul 2020 - 20:08) *
Surely this isnt right? I have before and after photos of the bush I will post up once I get them from my phone. I included all photos in my appeal to Parking Eye and again it is something they have completely ignored.

Of course not but using templates and not addressing appeals is standard process. But when you turn up at court with a 'template defence' they kick and scream...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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