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  • FIRST POST
    • taffythomkins
    • By taffythomkins 14th Oct 16, 7:41 PM
    • 5Posts
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    taffythomkins
    At a loss as what to do.
    • #1
    • 14th Oct 16, 7:41 PM
    At a loss as what to do. 14th Oct 16 at 7:41 PM
    hi, can I ask for any advise please,
    I recently received a pcn from parking eye. I was recently taken ill and we pulled off the road onto what looked like wasteland. I had to get out of the car until I recovered enough to continue the journey. since receiving the fine I have been told that we were parked for 14 mins. The picture only showed my car stationery not entering or exiting. I ignored the letters because they were asking me to pass them on to the driver. I didn,t want to disclose who was driving. I have now received a letter before court and they are pursuing me as the registered keeper. I personally don,t drive and never have. what should I do please?
Page 1
    • The Deep
    • By The Deep 14th Oct 16, 8:07 PM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    • #2
    • 14th Oct 16, 8:07 PM
    • #2
    • 14th Oct 16, 8:07 PM
    What most people here will advise you is to to jump through the hoops and appeal.

    What I would advise you to do is to write to them explaining that the driver stopped due to a medical emergency. If they refuse to cancel challenge them to take you to court. A bit of chutzpah goes a long way.
    Last edited by The Deep; 14-10-2016 at 8:45 PM.
    • taffythomkins
    • By taffythomkins 14th Oct 16, 9:14 PM
    • 5 Posts
    • 6 Thanks
    taffythomkins
    • #3
    • 14th Oct 16, 9:14 PM
    • #3
    • 14th Oct 16, 9:14 PM
    they have stated that I am to late to appeal as I didn,t reply to them. is this correct?
    • Ralph-y
    • By Ralph-y 14th Oct 16, 9:45 PM
    • 2,248 Posts
    • 2,731 Thanks
    Ralph-y
    • #4
    • 14th Oct 16, 9:45 PM
    • #4
    • 14th Oct 16, 9:45 PM
    Hi, can you please confirm that you are the registered keeper but do not have a licence ?

    can you give the timings .... date of dastardly deed (incident) date of PE letter to you (NTK)

    there are a few options in my mind .... but I would like to know the above first ... and I am sure the forums elders would too...

    Ralph
    • taffythomkins
    • By taffythomkins 14th Oct 16, 10:20 PM
    • 5 Posts
    • 6 Thanks
    taffythomkins
    • #5
    • 14th Oct 16, 10:20 PM
    • #5
    • 14th Oct 16, 10:20 PM
    hi . yes I am the registered keeper. sorry I didn,t make it clear, my car is a motorbility car for my use as I am disabled. I am not insured to drive and don,t have a licence. the driver is insured on my car. sorry I don,t have the exact dates as I didn,t keep the letters. it was early September. the time was around 4.30pm. the wasteland was completely empty at the time. I have messaged p.e. to ask if they are pursing me as the registered keeper and if they can send me a copy of the alleged parking breach. they haven't replied as yet. I know I sound like I am not very clued up, but I have never had so much as a parking ticket before, and the prospect of going to court terrifies me. please be patient with me.
    Last edited by taffythomkins; 14-10-2016 at 10:44 PM.
    • Ralph-y
    • By Ralph-y 15th Oct 16, 12:08 AM
    • 2,248 Posts
    • 2,731 Thanks
    Ralph-y
    • #6
    • 15th Oct 16, 12:08 AM
    • #6
    • 15th Oct 16, 12:08 AM
    " I have never had so much as a parking ticket before, and the prospect of going to court terrifies me. please be patient with me."

    I got my first parking ticket ... (not a fine) or invoice about 3 year ago I was shocked and worried too ... I received good advice here ... won ... and stayed on to help .

    so please do not worry and we will be patient ...


    can you remember how long before the first letter from the nice people at PE arrived after the incident?

    more than 14 days?

    are you a where of the newbies thread ?

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    it is a lot to read .... but it is the guide we give to newbies

    would the driver on the day be up for defending this if needed ?

    be careful what you say to ParkingLie .........

    Ralph
    • Coupon-mad
    • By Coupon-mad 15th Oct 16, 12:56 AM
    • 40,525 Posts
    • 52,414 Thanks
    Coupon-mad
    • #7
    • 15th Oct 16, 12:56 AM
    • #7
    • 15th Oct 16, 12:56 AM
    hi . yes I am the registered keeper. sorry I didn,t make it clear, my car is a motorbility car for my use as I am disabled. I am not insured to drive and don,t have a licence. the driver is insured on my car. sorry I don,t have the exact dates as I didn,t keep the letters. it was early September. the time was around 4.30pm. the wasteland was completely empty at the time.

    I have messaged p.e. to ask if they are pursing me as the registered keeper and if they can send me a copy of the alleged parking breach. they haven't replied as yet. I know I sound like I am not very clued up, but I have never had so much as a parking ticket before, and the prospect of going to court terrifies me. please be patient with me.
    Originally posted by taffythomkins
    How did you contact ParkingEye, just on their contact/appeal page? Not enough for an LBCCC.

    What you MUST do to try to head this off and get it cancelled out of court, is to email:

    enforcement@parkingeye.co.uk

    ...that's the team who deal with the LBCCCs and litigation, whereas an 'appeal' goes to the Appeals Team which takes weeks to come back, during which the Enforcement Team might issue court papers.

    So stop them in their tracks but you must email the right 'team'.

    Like The Deep says, email but DO NOT CALL IT AN APPEAL. Make sure the subject line has 'LBCCC response - re PCN xxxxxx/xxxxxx (the red bit being the PCN ref numbers).

    Start by saying you have received a LBCCC which has alarmed you, yet you strongly believe you are not liable and you have read that ParkingEye do consider relevant issues if raised before court stage. Say you mislaid the PCN and had not replied because it said to pass the document to the driver and you didn't wish to involve them, for understandable reasons, and could see no justification for such a penalty to what they could see from DVLA data was a Motability car.

    Explain that you were taken ill so the driver briefly stopped due to your medical emergency. Attach a copy of your Blue Badge and say that you personally don't drive and never have - and point out that this is a Motability car for you to get out and about. Explain a bit about the medical emergency.

    Do not use the word 'appeal' at all and do not finish too politely, no please/thankyou begging! More like:

    'Finally, I am asking quite reasonably for the charge to be cancelled under the circumstances or that you place this charge 'on hold' and advise me what other information about my medical condition you may require, if any.

    I am keen to resolve the matter out of court and to make an informed decision I require evidence of what Grace Period was applied (BPA Code, or landowner instructions, whichever is longer) and whether this can now be adjusted to negate the charge. Bear in mind that the car stopped for a mere 14 minutes and you are now fully aware of my disability and medical emergency. I would also refer you to the case of Vine v Waltham Forest where a medical emergency caused a driver not to see any signage nor be reasonably expected to have read terms when distracted by illness for a few minutes, as happened in this case, as the driver was my carer.



    Do this even if you've done it on their contact/appeal page, as explained, that's not quick enough nor the right place.
    Last edited by Coupon-mad; 15-10-2016 at 12:59 AM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • taffythomkins
    • By taffythomkins 15th Oct 16, 11:44 AM
    • 5 Posts
    • 6 Thanks
    taffythomkins
    • #8
    • 15th Oct 16, 11:44 AM
    • #8
    • 15th Oct 16, 11:44 AM
    hi, I think the first letter did arrive before 14days. I think I buried my head in the sand and just hoped it would go away. I know it was the wrong thing to do now. it isn,t an option for the driver to defend this as he is quite ill and having treatment for a serious heart condition. I am very grateful for your help and will consider all my options.
    • taffythomkins
    • By taffythomkins 15th Oct 16, 11:51 AM
    • 5 Posts
    • 6 Thanks
    taffythomkins
    • #9
    • 15th Oct 16, 11:51 AM
    • #9
    • 15th Oct 16, 11:51 AM
    Thankyou so much coupon mad,
    I will write the e-mail now just as you suggest. idon,t think I would have had a clue how to even start to deal with this without help.
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