ParkingEye (postal) PCN received 2 and a half months after date of event

jcooperengineer · 14 June 2017 at 5:19PM

Hi all,

I'm new here and I've just spent the past 30 minutes reading through your forums (which are great btw) unfortunately I couldn't find anything on my particular situation.

So it is now 14th June 2017 and the two remaining PCN letters from Parking Eye (for the final 2 working days I parked there) have just arrived?!

Why have these just arrived and more importantly am I obliged to pay these? I have read in some of your threads that if it is 28 days after the event I do not have to pay (the dates of events are 13/03/17 and 14/03/17). I also read in your threads that it depends on the date that Parking Eye requested my name and address from the DVLA. Well if I already received the first 4 postal PCNs in late March, then surely they had my name and address on file for the final 2 PCNs that I received today? Can anyone confirm if they contact the DVLA for each individual PCN or whether they would have contacted DVLA once and only once and therefore I can appeal these PCNs?

I hope this makes sense and apologies if this question has already been asked (if it has, please kindly post a link to the information I need)

Many thanks - J

Redx · 14 June 2017 at 5:25PM

they have to contact the DVLA for each and every pcn they wish to issue , they cannot just use it once and then issue 5 or 6 separate pcn,s

PE had 6 years to send an invoice and try to enforce it , BUT under POFA2012 they had 14 days due to ANPR cameras being used , so they failed that target miserably for these last two

so I assume these pcn,s have the POFA paragraph blanked out or missing ?

there is no advice here about it being invalid after 28 days , 72 months (6 years) is the statute on unpaid "debts" , using the MCOL system

you should appeal these 2 separately using the blue text appeal for each one , as keeper

the only time you are "obliged" to pay is if a judge says so, in court

jcooperengineer · 14 June 2017 at 5:56PM

Thanks for your response the thread I was referring to is thread number showthread.php?t=2326549 (I can't post links as I am a new member)

Some people on that thread suggest that I am not liable to pay if it is 28 days or longer since the date of the event?

All six PCNs I received (4 in March, 2 in April) look identical the only difference being the dates and slightly different images from an ANPR.

There is no reference to POFA on these but there are paragraphs referring to the reason for the PCN, the appeals and complaint procedure (with reference to POPLA) and finally how to contact the DVLA for further information and release of information requests.

Thanks in advance! J

pappa_golf · 14 June 2017 at 6:08PM

they can only hold the KEEPER liable if they are relying on the protection of freedom act (POFa) without this they can only go after the driver , so DONT tell emm who was driving

jcooperengineer · 14 June 2017 at 6:19PM

Can someone please confirm if I can appeal on the grounds that these PCNs were sent nearly 2 months later than the date of parking?

Redx · 14 June 2017 at 6:48PM

1) you assume wrongly

2) but yes, because as keeper they failed to inform you within 14 days under POFA2012

the original invoices were paid by the keeper on behalf of the driver , they had no idea who the driver was and still dont (they cannot assume , they have to prove it)

ANPR monitors the VRM on the vehicle , not the driver, so they send out 6 NTK,S to the keeper (not the driver)and they failed with these last two

use the blue text template and appeal as keeper online

add an extra paragraph that they have failed POFA2012 so as keeper you are not liable and they should chase the driver who will not be named

jcooperengineer · 14 June 2017 at 11:52PM

Thanks Redx - for the detailed breakdown, that makes complete sense now!
I will be sure to appeal as you suggested, where can I find this blue text template you refer to?

Thanks again pal

J

Coupon-mad · 14 June 2017 at 11:54PM

In the NEWBIES thread, at the top of the forum in capitals begging people to read it first, instead of hitting 'new thread' without reading the forum.

Please don't copy the template appeal here and ask 'is it this one...'.

jcooperengineer · 15 June 2017 at 12:46AM

Thanks a lot - sorry to be a pain

Also, could you please direct me to a template to appeal council PENALTY charge notices? I have one of those from Brighton & Hove council too, for not writing my reg on the visitors permit I had been given... Or is this a case of pay up because it's council and not private?

Cheers - J

fisherjim · 15 June 2017 at 8:20AM

jcooperengineer wrote: »

Thanks a lot - sorry to be a pain

Also, could you please direct me to a template to appeal council PENALTY charge notices? I have one of those from Brighton & Hove council too, for not writing my reg on the visitors permit I had been given... Or is this a case of pay up because it's council and not private?

Cheers - J

Your best bet is to take this over to pepipoo they are the experts on council tickets, this forum is mainly for private parking tickets.

Coupon-mad · 15 June 2017 at 9:53PM

Or is this a case of pay up because it's council and not private?

Lol, no. Most Council ones can be beaten on appeal.

And B&H ones are easy to appeal, I have done a couple of appeals for colleagues and Albion fans this year. Pepipoo forum teaches you how, just takes some homework on your part. Go and register (not a hotmail email address):

http://forums.pepipoo.com/index.php?showforum=30

And don't post without pics of BOTH SIDES of the PCN. Yes, the back as well...

ParkingEye (postal) PCN received 2 and a half months after date of event

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