PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Parking Eye ignoring land owners requests to cancel ticket
DZF
post Tue, 20 Feb 2018 - 21:18
Post #1


New Member


Group: Members
Posts: 3
Joined: 20 Feb 2018
Member No.: 96,669



I’m new here and wish I’d found this excellent forum sooner. Imight as well start at the beginning, my wife works at a local supermarket with a car park controlled by PE. Back in Summer last year I took my wife to work (she doesn’t drive) and as the car was being left while she was at work she had it added to the permitted staff vehicles list on the day.

Following this I received a Parking Charge Notice from PE. My wife informed her work and they submitted a cancel request and again added the car to the permitted vehicles list. I received a second PCN in Autumn and a reminder for the first ticket and again they were added to the cancel request and ignored, I also appealed the tickets with Parking Eye informing them it was a permitted staff vehicle and requests for cancellation had been sent by the landowner and ignored. They refused my appeals and so I went through POPLA, they also refused my appeals stating that it was at the discretion of PE. After POPLA informed me of their decisions I’ve heard nothing, until now...

I got home from work and found a letter from PE, actually dated in Jan that my wife had forgotten to give me. It’s a “Final Notice” for the first PCN giving me 14 days to pay (which has lapsed) and threatening “further action”. On the rear of the letter under appeals it says “PE will remain open to Alternate Dispute Resolution” suggesting it takes place between the 2 parties on a without prejudice basis.

I would like some help with the next steps. My wife will continue to add the ticket to the cancellation request spreadsheet at her work, I have asked her to photograph it for evidence, I have also asked her to obtain a written statement from either her store or area manager confirming authorisation to use the car park and that the PCN is to be cancelled.

So I would like some advice on what to do next, I’ve not been in this situation before, I’m finding it stressful and feel like I am being harassed by PE for money they are not owed. So far I’ve not heard anything further about the second PCN, but now I’m expecting it.

Thank you in advance.
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 15)
Advertisement
post Tue, 20 Feb 2018 - 21:18
Post #


Advertise here!









Go to the top of the page
 
Quote Post
ostell
post Tue, 20 Feb 2018 - 21:40
Post #2


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Try and get your wife's employer to write or email PE copying you and demand that the PCNs are cancelled and repeat the whitelist request.

Then write to PE again enclosing a copy of that letter
Go to the top of the page
 
+Quote Post
s360
post Tue, 20 Feb 2018 - 21:44
Post #3


Member


Group: Members
Posts: 220
Joined: 8 Mar 2013
Member No.: 60,453



Check with work that's requests to cancel were sent for both pcn's. Get copies if you can, then send along with a letter something along the lines of below.
Dear Sirs,
I am writing as registered keeper of vrm xxxxxxx in relation to the two pcn's received for said vrm on dates xxxxxx.
The indicated vehicle is and always was, an authorised vehicle permitted to park at xxxxxxx, and is on the permitted vehicles list.
You have been told by the landowner that this is the case and have been instructed by the landowner to cancel the PCN's as they are without cause or merit. You will therefore do as instructed by your principal and cancel the PCN's.
Your continued pursuit of these unmerited tickets is causing me undue stress and harassment. As you have no cause of action you are therefore to take this as a demand under section 10 of the data protection act to cease and desist processing my personal details, and to remove them from your database. Your response confirming such is expected within 21 days as legislated. Other than that do not contact me again.
Regards.
Xxxxxxx
Also check when the PCN' were actually received. If there was no windscreen ticket they needed to be received within 14 days of the event. Failure to do so means they have no keeper liability anyway.
p.s. edit your post so the driver is not inferred.

This post has been edited by s360: Tue, 20 Feb 2018 - 23:28
Go to the top of the page
 
+Quote Post
Jo Carn
post Wed, 21 Feb 2018 - 13:36
Post #4


Member


Group: Members
Posts: 659
Joined: 22 Mar 2016
Member No.: 83,162



The threat is not for court, not yet.
What would be really useful is to find out who owns the car park. I've never heard of PE owning one. What they do is act on behalf of the landowner. Contact the landowner, give them the evidence and ask them to cancel. If they get back to you and don't cancel, remind them that if they do not cancel and the case goes to Court, they will be liable for your costs in defending this vexatious claim.

Could you post the original notices you received? Remove only the licence plate and your name and address. We need to see if the paperwork is compliant as this will add to your case.
Go to the top of the page
 
+Quote Post
DZF
post Wed, 21 Feb 2018 - 21:17
Post #5


New Member


Group: Members
Posts: 3
Joined: 20 Feb 2018
Member No.: 96,669



Thanks for the replies, they are very much appreciated. My wife will be going into work on Friday so will sort another cancellation request then and take evidence, she will also speak with the area manager to see if there’s more they can do. The car park is owned by her employer and they are happy to cancel the tickets. They have said in the past that it’s a common problem with PE ignoring these requests. I will sort out the paperwork and post it up.
Go to the top of the page
 
+Quote Post
The Rookie
post Thu, 22 Feb 2018 - 08:08
Post #6


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (Jo Carn @ Wed, 21 Feb 2018 - 14:36) *
What would be really useful is to find out who owns the car park. I've never heard of PE owning one. What they do is act on behalf of the landowner. Contact the landowner, give them the evidence and ask them to cancel.

QUOTE (DZF @ Wed, 21 Feb 2018 - 22:17) *
My wife will be going into work on Friday so will sort another cancellation request

You've missed the point, if work aren't the landowner you have to find out who is, no-one but the people who employed PE can tell them to back off, if the employer is just renting they may have no authority.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
s360
post Thu, 22 Feb 2018 - 12:46
Post #7


Member


Group: Members
Posts: 220
Joined: 8 Mar 2013
Member No.: 60,453



QUOTE (DZF @ Wed, 21 Feb 2018 - 21:17) *
Thanks for the replies, they are very much appreciated. My wife will be going into work on Friday so will sort another cancellation request then and take evidence, she will also speak with the area manager to see if there’s more they can do. The car park is owned by her employer and they are happy to cancel the tickets. They have said in the past that it’s a common problem with PE ignoring these requests. I will sort out the paperwork and post it up.



QUOTE (The Rookie @ Thu, 22 Feb 2018 - 08:08) *
QUOTE (Jo Carn @ Wed, 21 Feb 2018 - 14:36) *
What would be really useful is to find out who owns the car park. I've never heard of PE owning one. What they do is act on behalf of the landowner. Contact the landowner, give them the evidence and ask them to cancel.

QUOTE (DZF @ Wed, 21 Feb 2018 - 22:17) *
My wife will be going into work on Friday so will sort another cancellation request

You've missed the point, if work aren't the landowner you have to find out who is, no-one but the people who employed PE can tell them to back off, if the employer is just renting they may have no authority.


Seems work is the landowner.
Go to the top of the page
 
+Quote Post
peterguk
post Thu, 22 Feb 2018 - 13:08
Post #8


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (s360 @ Thu, 22 Feb 2018 - 12:46) *
QUOTE (DZF @ Wed, 21 Feb 2018 - 21:17) *
Thanks for the replies, they are very much appreciated. My wife will be going into work on Friday so will sort another cancellation request then and take evidence, she will also speak with the area manager to see if there’s more they can do. The car park is owned by her employer and they are happy to cancel the tickets. They have said in the past that it’s a common problem with PE ignoring these requests. I will sort out the paperwork and post it up.



QUOTE (The Rookie @ Thu, 22 Feb 2018 - 08:08) *
QUOTE (Jo Carn @ Wed, 21 Feb 2018 - 14:36) *
What would be really useful is to find out who owns the car park. I've never heard of PE owning one. What they do is act on behalf of the landowner. Contact the landowner, give them the evidence and ask them to cancel.

QUOTE (DZF @ Wed, 21 Feb 2018 - 22:17) *
My wife will be going into work on Friday so will sort another cancellation request

You've missed the point, if work aren't the landowner you have to find out who is, no-one but the people who employed PE can tell them to back off, if the employer is just renting they may have no authority.


Seems work is the landowner.


And did work directly contract PE?

This post has been edited by peterguk: Thu, 22 Feb 2018 - 13:09


--------------------
Go to the top of the page
 
+Quote Post
DZF
post Wed, 7 Mar 2018 - 20:02
Post #9


New Member


Group: Members
Posts: 3
Joined: 20 Feb 2018
Member No.: 96,669



Not been on for a while. I’ve been speaking with customer services at my wife’s work and got some information, they’ve been very good and tried to help, but unfortunately for me it’s not good news. They have a parking department, which my wife had never been told about. They could have cancelled the tickets straight away, but because it has escalated so far there is now nothing they can do. Basically it comes down to the fact that my wife’s old area manager was incompetent and didn’t bother sorting all this when she could have, a quick phone call or email would have got the tickets cancelled straight away but she didn’t bother, fobbed us off with excuses that it was being dealt with and has since left the business. She also never sorted the parking permit she was supposed to have done in the first place, which would have meant all this never happened and again it is just a quick email, and that was requested 4 or 5 times since.

I have asked customer services to try and get an email stating that I was permitted to park there from the date of the first ticket in August and when the permit was originally requested, but he wasn’t sure they would be able to provide that and I’ve not heard back from them yet.

So I’m now at the point of should I admit defeat and pay the tickets to stop the stress. After all it looks like PE are not at fault. This of course leaves me out of pocket due to someone else’s incompetence but how do you prove that??
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Wed, 7 Mar 2018 - 20:27
Post #10


Member


Group: Members
Posts: 18,751
Joined: 20 Sep 2009
Member No.: 32,130



No, you are at the point of INSISTING that the charge is cancelled, or at the very least that they provide an email tomorrow morning.

QUOTE
I have asked customer services to try and get an email stating that I was permitted to park there from the date of the first ticket in August and when the permit was originally requested, but he wasn’t sure they would be able to provide that and I’ve not heard back from them yet.


''Try and get an email?'' They could do an email on the spot while you are on the phone!

Meanwhile involve your MP and read/watch all this to fire you up. Just 5 weeks ago, the private parking industry's little game was unanimously condemned as an 'outrageous scam' (Hansard), , by MPs in Parliament in the private parking Code of Practice Bill debate, where (guess who?) PARKINGEYE were named and shamed along with their Trade Body, the BPA.

http://parliamentlive.tv/event/index/2f038...918?in=12:49:41

https://www.theyworkforyou.com/debates/?id=...8-02-02b.1149.0

http://forums.moneysavingexpert.com/showthread.php?t=5787731

https://hansard.parliament.uk/commons/2018-...OfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he/she wants further information. This cowboy (Hansard) industry is skating on thin ice in 2018; get MUCH more angry about this and get your MP to lend weight to your complaint to PE and to the employer company.

One email and they CAN cancel even now. It is NOT too late, someone is lying to you.

QUOTE
After all it looks like PE are not at fault.

Don't be daft, they always are, should not exist.
Go to the top of the page
 
+Quote Post
Churchmouse
post Wed, 7 Mar 2018 - 21:53
Post #11


Member


Group: Members
Posts: 2,356
Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



If the employee had permission to park there, PE had nothing to offer that person in any alleged parking contract. Such a contract should fail for a lack of consideration. It's essentially the same reasoning that applies in residential parking situations.

However, proof of landowner permission covering the dates on which the PCNs were issued would be essential.

--Churchmouse
Go to the top of the page
 
+Quote Post
Half_way
post Wed, 7 Mar 2018 - 22:59
Post #12


Member


Group: Members
Posts: 542
Joined: 26 Sep 2012
Member No.: 57,365



QUOTE
They could have cancelled the tickets straight away, but because it has escalated so far there is now nothing they can do.

rubbish, as pincipal they can instruct/demand their agents cancel the charge with immediate effect, even if court papers have been issued, they can also state that they do not support their agents pursuing the matter, which effectivly pulls the rug form under the parking comany - no landowner authority, no ability to pursue
Go to the top of the page
 
+Quote Post
The Rookie
post Thu, 8 Mar 2018 - 07:08
Post #13


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Mention to the company that an industrial tribunal may be a good way to sort this out, the company gave her perimission to park and is now trying to charge her exhorbitant fees for doing so via its agent, they are liable at both ends of the chain.

Read the company policy and launch a formal greivance as a starter I’d suggest.

This post has been edited by The Rookie: Thu, 8 Mar 2018 - 07:09


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
Redivi
post Thu, 8 Mar 2018 - 07:34
Post #14


Member


Group: Members
Posts: 4,126
Joined: 31 Jan 2018
Member No.: 96,238



She at least knows that her employer CAN cancel parking notices even if it's reluctant to

ParkingEye doesn't therefore have the authority to take legal action unless it has obtained specific permission

Could work this into a reply

I am well aware that retailers such as Tesco and Sainsbury have clauses in their contracts that restrict their parking contractors
There is documented evidence of this held by the BPA itself.

It was discussed at the BPA Forum meeting on 3rd November 2015 and I refer you to the relevant extract from the minutes

"Kate Maisey from Tesco provided the following information to the BPA Forum.
Tesco car parks are there for customers; their focus is often different to other organisations.
They are seen as more lenient than other operators, taking no action on the first offence, only on the second or third offence via an operator.
The operator they contract must follow Tesco rules for customer service as it is important to Tesco that the customers return. Tesco’s main business is selling items in their stores not parking."

I am aware that (employer) is similarly able to order your company not to pursue Parking Notices
I therefore have the reasonable belief that you do not have any legal capacity in this matter as required by the BPA Code of Practice Para 7.2
If you believe differently, please confirm that either your contract includes the authority and will be produced to the court or that you will seek specific authority
Go to the top of the page
 
+Quote Post
kommando
post Thu, 8 Mar 2018 - 10:08
Post #15


Member


Group: Members
Posts: 4,167
Joined: 6 Oct 2012
Member No.: 57,558



Getting a copy of the request cancellation email is important, that PE reject the cancellation or responds asking your company for funds does not matter. In all of these types of cases when a claim is raised when PE are presented with a copy of the principles request for cancellation they first offer to drop the claim for £60 and then accept a drop hands (no funds either way) offer and drop the claim. Getting this now and presenting it early should stop PE now but it if not it will later.
Go to the top of the page
 
+Quote Post
Churchmouse
post Thu, 8 Mar 2018 - 20:04
Post #16


Member


Group: Members
Posts: 2,356
Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



QUOTE (Half_way @ Wed, 7 Mar 2018 - 22:59) *
QUOTE
They could have cancelled the tickets straight away, but because it has escalated so far there is now nothing they can do.

rubbish, as pincipal they can instruct/demand their agents cancel the charge with immediate effect, even if court papers have been issued, they can also state that they do not support their agents pursuing the matter, which effectivly pulls the rug form under the parking comany - no landowner authority, no ability to pursue

The PE/supermarket relationship will be contractual, and that contract will likely provide that the PPC is acting as principal, not as agent, so the landowner's ability to control the actions of the PPC could very well be limited. It is difficult to say for sure without seeing the contract, but if it is the PPC that is enforcing its own rights against the motorist, the PPC is likely the principal. There are sometimes "whitelist" provisions that allow landowners to exercise some control, but again, it depends on the terms of the individual contract. However, there is no overriding "principal-agent" power that is applicable to every contractual situation involving a landowner and its business partners, which many people seem to think exists.

--Churchmouse
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 09:46
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here