Parking eye

Ignore is no longer the advice in the case of many PPCs, and especially ParkingEye.

I presume you've had a Notice to Keeper (NtK) sent in the post after being 'caught' by ANPR cameras? Can you confirm date of 'offence', date of receipt of NtK, and the amount of time claimed to have been overstayed.

The PPC can request driver details from the Registered Keeper (RK), but there is no requirement on the RK to provide them. They then have recourse to pursue the RK under the Protection of Freedoms Act 2012 (PoFA), but in order to do so they have to strictly comply with the relevant parts of PoFA and the British Parking Association's Code of Practice (BPA CoP).

Can you scan and upload both sides of the letter you've received, masking any details on it that might identify you, the car, the location, any reference number and any bar code - use Microsoft Paint or similar for masking. We can then look at it closely for compliance.

After that the forum will give you further advice. Do NOT make any contact with the PPC (and certainly do not reveal driver details) until further advice from here.

Debbie_Rickman wrote: »

I can try and scan it in but in all honesty I'm not very good at that sort of thing. Do I attach the letter as a PDF file in the main body of the this text ? If so wont that mean it can be read by anybody (Including parking eye) or is there a way to upload it so only you can see it?

Have a look at this and see how you get on.

How To Upload Images

Debbie_Rickman wrote: »

Hi,
I'm new to this and just want some advice. I have read various threads and can't figure out where we are up to. I have just got a PCN from Parking Eye (Not signed in under real name).
The PCN asks for the details of the driver of my vehicle and requests payment of a fine. ?

What is the current position on this?
Do I Ignore, respond, appeal (What grounds), ?

As I said I have read about his company and the advice seems to change over the years from ignore and they go away to changes in the law in 2012, changes to the notices issued and later cases that have involved people being taken to court.

In simply terms do I need to reply to the PCN or just not enter into any correspondence with them ?

Same advice as posted today, yesterday and tomorrow about Parking Eye and any PPC who are an AOS member and where the incident was in England/Wales:

https://forums.moneysavingexpert.com/discussion/comment/61650513#Comment_61650513

https://forums.moneysavingexpert.com/discussion/4632363

Ignore is the old advice.

Debbie_Rickman wrote: »

Basically I was going on holiday and got to the airport early, so I parked in a service area for 3 hours. Turns out its 2 hours free then a charge. Didn't see any signs on the way in but that doesn't mean they aren't there I just didn't see any. It was night time and the area wasn't busy, almost empty in fact. I did use the facilities whilst waiting, shop and petrol station but have cleaned out the car since and probably threw away receipts. The invoice is dated 5 days after the "Offence"

Ignore is NO LONGER the advice given in the case of ParkingEye.

Unless you're going to pay up (no one here would recommend as your case can be won), you will have to use the appeals' processes available to you.

Firstly, you need to check the paperwork you've received to ensure that it complies with the BPA Code of Practice and the Protection of Freedoms Act 2012; if it's not compliant, then the PPC is on shaky ground. So check yours out against this:

Parking Cowboys Checklist

Then you need to start the process of appealing to the independent appeals panel - POPLA. The first stage is to appeal to ParkingEye (but 'appeal' sounds like PE have some legitimacy, so I like to use 'challenge' - much better - and indicates the way you're going to deal with this).

PE will almost certainly reject any challenge, so don't waste time and intellectual energy on typing out your 'story' of the event (mitigation), but send them something short and (not so) sweet - the main objective is to get hold of your POPLA validation code which they are obliged to send once they reject your challenge.

So send them something like this:

Dear ParkingEye

PCN No xxxxxxxx
Car Reg xxxxxxx

Date (the date of your letter to them - important to have a record of dates)

I am the Registered Keeper of vehicle. I have just received the above parking charge notice. It is clearly an unenforceable penalty . Either accept my challenge and cancel the charge or issue me with a POPLA validation code for me to thoroughly challenge each and every basis of your claim.

Yours faithfully

NAME IN BLOCK CAPS, no need to sign it.

~o0o~

VERY IMPORTANT - as you are going down the Registered Keeper approach to this (as opposed to the Driver approach) DO NOT under any circumstances say who the driver was. PE will ask you for the Driver's details, but there is no requirement for you to give them. PE having to tackle the RK means there's a few more hurdles for them to get over (with some strict criteria).

Once you get the rejection and POPLA Code (they have 35 days to give you a decision and code) come back for some more advice.

In the meantime look around the forum (and on PePiPoo) at some of the POPLA appeals. There's loads, but here are 3 links to start you off:

Example of a POPLA Appeal

Delprimero's Brilliant Appeal

POPLA Decisions - Winners & Losers

So spend a bit of time familiarising yourself with these. Don't worry you can copy and paste from them as appropriate when the time comes for your POPLA appeal - and with further help for you from the forum. Do get back to us before you send anything to POPLA.