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Parking Eye - Standard appeal rejection letter, Parking Cowboys' template appeal was rejected. What's best nex
MondeoMan-ish
post Fri, 6 Dec 2019 - 16:47
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I've made an appeal to Parking Eye using a tailored appeal letter.
The rejection from Parking eye does not address the information requests I made in the appeal and I'm not sure if my next move should be to lodge a POPLA appeal based on their non-compliance with Schedule 4 of the Protection of Freedoms Act 2012
I would also dispute the accuracy of the ANPR evidence based basis for their charge
I ignored the initial letter from them but responded to the NTK (not sure this is relevant)
Appeal and response documents are attached

Thanks in advance for any advice!
Attached File(s)
Attached File  184207_255557.pdf ( 383.69K ) Number of downloads: 22
Attached File  ParkingEye_Docx.pdf ( 266.63K ) Number of downloads: 21
 
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post Fri, 6 Dec 2019 - 16:47
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Jlc
post Fri, 6 Dec 2019 - 17:03
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Argh! We don't like that template... Without prejudice?

Start from the beginning - why was the charge issued? Does it meet PoFA requirements or not?

QUOTE (MondeoMan-ish @ Fri, 6 Dec 2019 - 16:47) *
I ignored the initial letter from them but responded to the NTK (not sure this is relevant)

Initial letter? That would be the NtK....?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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MondeoMan-ish
post Fri, 6 Dec 2019 - 17:53
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The charge was issued because I forgot to enter my reg number in the device at the hotel reception (Doh!)
I have taken it up with the hotel to but even though I'm a regular with the chain, I'm struggling to get much response past 'Send us the letter from Parking Eye'
The car park notice gives a charge for 24 hrs
The ticket was issued for a stay of about 2 hrs (at 8 pm ish). I actually went back at about midnight and left the car overnight
On the basis that I was there for any amount of time (i.e. any part of the chargeable 24 hrs) and didn't enter my registration, yes the charge is valid
However it does not state the grounds of their claim, the name of the creditor, the land owner, the contract between PE and the owner nor any photographic evidence
I think that means the answer to meeting PoFA requirements is 'No' but that's part of what I'm after some advice about
Thanks!
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Jlc
post Fri, 6 Dec 2019 - 18:40
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Naming the landowner is not part of POFA.

Post up a reduced copy of the PCN, both sides.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Sun, 8 Dec 2019 - 07:14
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So you have a letter before claim, there is a whole lot missing from your story!

Did you get the NtK? What did you then do?

Have you got the original paperwork?

The letter before claim required a much better response than that, which frankly is meaningless drivel in response to an LBC, not to mention making you as ill informed and likely a soft target. Also you did not want the response to be without prejudice as now it looks like you didn’t respond at all, a little knowledge is a very dangerous thing.

This post has been edited by The Rookie: Sun, 8 Dec 2019 - 07:15


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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
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MondeoMan-ish
post Thu, 12 Dec 2019 - 12:24
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In the event, the hotel have intervened to get the charge cancelled

My take away from this though is that the Parking Cowboys template is not as robust as I had expected and should not be used by itself as an initial response

Thanks to all who helped
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Jlc
post Thu, 12 Dec 2019 - 13:45
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QUOTE (MondeoMan-ish @ Thu, 12 Dec 2019 - 12:24) *
In the event, the hotel have intervened to get the charge cancelled

Good - that's always the first port of call but many won't help!


--------------------
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

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