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Last active December 23, 2015 19:39
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I have written a magnificent letter demanding a refund.
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gistfile1.md

Parking Eye Ltd / Refund request

Hello

I am writing on behalf of Shirley Plowright (my mother), the driver of the car referenced above, as she does not have regular access to the internet, and is hard of hearing, making accessing your automated phone lines difficult.

Consequently, this constitutes an 'appeal' in your chosen nomenclature.

Shirley Plowright has already paid your 'parking charge' invoice referenced, as generally if you send an 80 year old lady a 'parking charge' formatted like a penalty notice she'll pay it, and get very, very upset to have 'done something wrong'.

I'm attaching a photograph of Shirley Plowright's Aldi receipts, timestamped at 11:54 on 19 August - about 14 minutes before the car was automatically photographed leaving the car park.

This photograph also contains her blue badge, which she has because she has difficulty walking, and also because she is the primary carer for an 86 year old man with Alzheimers.

Taking two hours to visit a new, unfamiliar supermarket, plus 14 minutes to go from the tills to leaving the car park is fairly typical for an 80 year old lady with mobility problems.

On 16th September you sent both a letter confirming her 'parking charge' was paid, and also a letter saying the charge has been placed on hold for 14 days. This confusion has further distressed her.

I thus request you:

  • refund in full the money she has paid against your invoice for a parking charge

  • confirm that you have closed this account with no balance owing after the refund.

  • write an apology to Shirley Plowright at the registered address of the vehicle, copying in me at the above address which

    • clearly explains that this is not a fine, but an invoice for a 'parking charge',
    • that the letters you have sent are not legal enforcement letters from the DVLA,
    • that explains that your parking charge invoice is an attempt as a private company to 'recover costs' through contract law and not a legally enforceable penalty notice under Criminal Law.

  • send full details of ParkingEye Ltd's data protection procedures and retention policies, as you appear to be processing personally identifiable data under the Data Protection Act and I would like to be reassured that you follow the ICO guidelines in managing and disposing of this data.

  • clearly explain why, as a provider of a service, you do not recognise the needs of Blue Badge holders, and how this relates to the Equality Act 2010 requirement that you not indirectly discriminate against, or subject anyone to detriment in accessing your service?

With thanks for your time.

Kim Plowright

https://www.parkingeye.co.uk/Appeal/PrivacyStatement Make an Appeal Privacy Statement

By completing this form you are consenting to the recording and processing of the personal data or sensitive personal data supplied for the purpose of investigating the case and, if appropriate resolving any appeal in respect of the Parking Charge Notice we have issued. If you provide sensitive personal data within this form, you do so giving full written consent for that data to be recorded and processed by ParkingEye Ltd for the purpose above. Processing is likely to include a verification process, which may require us to share your personal data or sensitive personal data with the personnel of the client site, where the Parking Charge was incurred or to contact other third parties you have named or identified to check the appeal details you have supplied for the purpose of resolving your query and ultimately determining whether your Parking Charge will be cancelled or upheld. This notice applies in addition to any notices previously supplied via onsite signage and any disputes under this notice shall be subject to English Law and shall be the exclusive jurisdiction of the English courts.

Make an Appeal Thank you for contacting ParkingEye

Please be aware that ParkingEye will respond in writing only by letter and not by email. We endeavour to respond to all appeals as soon as possible, however a written response may take up to 10 days.

If further information is required the Parking Charge will be placed on hold to enable any further correspondence to be considered and during this time the Parking Charge amount will not increase.

Alternatively, to make a debit/credit card payment please telephone 0844 247 2981 or online at www.parkingeye.co.uk/payments

http://www.penaltychargenotice.co.uk/private-land-enforcement/court-cases/court-cases-for-private-parking-tickets/ List of court case outcomes

http://www.parkingcowboys.co.uk/enforcement/ NB - the person on the notice needs to be the driver, is unenforceable if not.

http://forums.moneysavingexpert.com/showthread.php?t=3761697&page=1 http://www.consumeractiongroup.co.uk/forum/showthread.php?283218-Parking-fines-case-law http://www.bbc.co.uk/watchdog/consumer_advice/parking_ticket_advice.shtml http://www.moneysavingexpert.com/reclaim/private-parking-tickets http://www.lep.co.uk/news/local/trainee-solicitor-wins-parking-ticket-case-for-brother-1-777088

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