Pxr5 trading options
The keeper declares that the charge is clearly not proportionate or commercially justifiable to a stay in a car park in which the vehicle was entitled to be in. It is also extravagant and unconscionable and therefore an unenforceable penalty. I therefore respectfully request that my appeal is upheld and the charge dismissed. Unclear and non-compliant signage, forming no contract with drivers. The keeper requires signage evidence in the form of a site map and dated photos of the signs at the time of the parking event.
I would contend that the signs wording, position and clarity fail to properly inform the driver of the terms and any consequences for breach, as in the case of Excel Parking Services Ltd v Martin Cutts, If it is dark it is not good enough for signs just to be present, they must be able to be seen.
No authority to levy charges. Parking Eye must produce evidence to demonstrate that it is the landowner, or a contract that it has the authority of the landowner to issue charge notices at this location. No Creditor identified on the Notice to Appellant. Whilst the Notice has indicated that the operator requires a payment to Parking Eye there is no specific identification of the Creditor who may, in law, be Parking Eye or some other party.
Parking Eye are obliged to make sure the APNR equipment is in working order, as described in paragraph I require Parking Eye to present records as to the dates and times of when the cameras were checked, calibrated and generally maintained to ensure the accuracy of the dates and times of any ANPR images. You still have plenty of time to get your appeal in. The Beavis result at the Supreme Court will be out next Wednesday so keep your eyes and ears peeled and await the analysis from the experienced legal minded posters on this site.
Speed reading your draft you need to take out 'I respectfully' after each paragraph except the last but I would also take out 'the charge be dismissed' as this is not a criminal matter.
In the meantime take some photos of unclear signage at the site. Was it dark at the time? Regarding 3 and 4, ParkingEye put the Creditor in brackets after their name I've made an appeal recently for a paid car park where the VAT number on the receipt was that of the landowner and ParkingEye therefore had not offered the parking.
Dear Sir or Madam, With regard to the above numbered Charge Notice, I hereby appeal on the grounds that the amount claimed is not a genuine pre-estimate of loss. But were these appeals before or after the Beavis case? It does make a difference.
There's a big difference between dealing with a pussycat CP Plus - 15 court cases and a tiger PE - 30, court cases. They were before the Beavis case, I have two appeals awaiting this week's verdict, and CP Plus did present a very comprehensive evidence pack in every case.
In earlier days when I would give multiple reasons for appeal, the adjudicator always said "Mr PXR5 has made several representations, however I am going to consider only one, namely the genuine pre-estimate of loss" or similar so I stopped bothering to appeal on any other grounds.
This is what the Beavis case is all about. Hello everyone, Thank you all for your replies and support. PXR5 - Thank you, it took several days of research and many drafts which is still not final.
I was aware from advice people gave on this site and Parking Cowboys that the 'GPEOL' has been replaced with 'Commercial justification' in the BPA's COP and therefore a much weakened argument now hence the additional representations which is up to PE to disprove so more inconvenience for them to boot.
I'm holding back from sending my appeal until I know the ramifications of the Beavis result. Thank you ostell and Umkomaas, it is so reassuring to know I am not alone when dealing with these faceless scammers, however, I am finding this a little more stressful than expected. Will be relieved when it is all over. In light of the Beavis verdict I'm assuming that if I leave my appeal in it's current state I will lose. As this is unknown territory for everyone is it just a case of sending it in and see what happens or is there anything I can add to strengthen my case?
This is all very depressing now. Just researching the manager's name now. Going to send a strongly worded email as advised by others earlier. Got nothing to lose now. But one thing I'm sure of, I'll never shop let alone park there again. Sales down again at Morrison's http: Major on that aspect IF you did not reveal the driver I cannot recall the conclusion there. The important thing here is to get in to see the manager of the store. Morrison's do cancel PCN's for genuine customers. It doesn't really matter what you put in the first appeal You're only aiming to get the code that comes with the rejection letter This gives you access to kill it at POPLA Try and get Morrison's to cancel.
If it's a store where you give your parking ticket to Morrisons for a refund, don't We need to see it, both sides. It doesn't really matter what you put in the first appeal You're only aiming to get the code that comes with the rejection letter. Buy a parking ticket Find out who you're really paying The chances are that it isn't ParkingEye. It isn't just period of parking. Attack standing and signage as well. OK so yesterday I went into Morrisons to see the manager and no joy. Customer Services told me his line was busy and kept me waiting ten minutes until this angry little woman marched up to me introducing herself as the 'Supervisor' and told me unless I had a receipt to prove I was shopping on the day I received the parking charge there is nothing they can do, stating "if it's for something like fifteen quid don't bother".
I handed her my pre-written request along with a copy of the parking charge and my details and asked her to give it to the manager and said she didn't have to be so aggressive and left. I suspect the letter will go in the bin so now I must concentrate on my appeal. I have six days to go and can't find any credible arguments for 'standing' or 'period of parking' as advised by nosferatu so may just go with what I already have.
Write to Morrisons telling them how you've enjoyed shopping with them in the past but that the actions of their agent and the Supervisor means you will now be shopping at XXX insert relevant supermarket chain name instead.
Write to Morrisons Facebook page telling them how you've enjoyed shopping with them in the past but that the actions of their agent and the Supervisor means you will now be shopping at XXX insert relevant supermarket chain name instead.
Ooh, been foolish enough to allow unmoderated posts have they? Look what that did for Aldi's parking!. How to lose your genuine customers But in my experience of supermarkets don't really care.
Any final advice before I send? Should I remove item 2. Or is my appeal so weak it is not worth sending in at all? This is what I will be sending: As the registered Keeper, I am appealing this notice on the following grounds: No reasonable grace period 2. No authority to levy charges 5. No Creditor identified on the Notice to Appellant 6. No reasonable grace period The ParkingEye system monitors entry and exit to site and not the act of parking.
There is no certainty with their system as to the formation of the contract as the offer of parking is only accepted when the car is at rest in the space. Since there is no clarity, the British Parking Association's own guidance on the matter suggests: The contract starts when the driver accepts the offer of parking. It does not start on entry and finishes on exit of the car park.
Charged me 1 hour labour to do. I'll double check exact date. Ill soon know if it can be done on vehicles pre the build date they specify.
Will keep you guys posted. Give me a few weeks. Andy, did you ever learn if an upgrade to enables this? Any idea how long it actually took? But that labour cost, wow. Sent from my SM-GF using Tapatalk Whilst your here Andy, did you find any more info out about vehicles with a build date before the one they specify?
There is loads I need to catch up on. Let me see what I can dig out but need a week or so as away from tomorrow till 4th. HTH Andy Andy, thanks for that. I'm going to challenge that labour price - or go to another dealer. I just got mine done on an approved used Q7 I bought. It's Dec build an the dealer thought it had CarPlay on when I test drive it but we never tried it. He released mistake after I'd agreed to buy it and told me up front before delivery.
So we ended up spitting the part cost which is just a box with licence keys in it and they covered the labour. He said techs were surprised it could be done but it worked no issues. Hi all, My 67 plate Q7 has the Audi Smartphone Interface but do we know if this upgrade can be performed on the A3 etron 16 plate.
It has the MMI high installed and can display google earth for the maps. Just would be really useful to have it. Just ring your dealer and quote your vin for your A3. They can easily check if it's possible. I'm still trying to find any info on enabling smart phone interface no a MY16 65 Q7 4M with a build date a couple of weeks before the 'official' retrofit upgrade supports. Whats your current firmware level of your MMI unit mate? Let me look into this. Do you have ODBEleven?
That is over wifi too to the car's hotspot and I'm using that more than Android Auto now. My car is still on , no ODBEleven. I have VCDS but not hex-net: Would consider purchasing VCP, if this was something that is possible, but finding decent info on VCP is hard with their private forums. You should be able to ask your dealer to update it to Mine started on and I updated it to Can your vcds see module 5F?
If it can, pm me an export of it if your OK too. Dont get Vcp you don't need it. Your better off trading your hex-can into Ross tech for a hex-net. I'll try and get an export for you, I'm pretty sure I can see 5F, probably be sometime over the weekend. I'll try and get an export for you, I'm pretty sure I can see 5F, probably be sometime over the weekend No worries. Can you also take a pic of your USB ports under your arm rest please?
Pre ASI retrofit Q7s are different.. Very very slightly visually. Need to confirm if that's indeed the case. Here's a picture of my USB ports, I'll try and get the export of 5F done over the weekend, but weather isn't looking great to be sat in car with laptop: