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  • FIRST POST
    • greekcoffee
    • By greekcoffee 16th Mar 17, 2:46 PM
    • 4Posts
    • 2Thanks
    greekcoffee
    Parking Eye PCN in RUH Bath
    • #1
    • 16th Mar 17, 2:46 PM
    Parking Eye PCN in RUH Bath 16th Mar 17 at 2:46 PM
    Hi all,

    is it possible for someone to cast his/her eys over this appeal letter I about to send to Parking Eye.
    To cut a long story short, visited Bath RUH on the 25th January and I payed on exit using the machines instructions on-screen digital dipspay and payed what the machine asked me to pay. On March 6th I recieved a PCN for the usual £80 fine or discounted to £40 with no much explanation as to why. Thank you in advance. This is the letter...

    Dear Sirs

    Re: PCN No. ****************

    I challenge this 'PCN' as keeper of the car.


    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Your PCN in non-compliant with Schedule 4 Protection of Freedoms act 2012, Paragraph 9 (c), (d), Paragraph 9 (4) (b), Paragraph 9 (5)


    Checking your records you will find that a parking ticket was obtained and paid as per the digital on-screen instructions on your paying machines on site.
    In order to resolve the dispute I attach copies of the driver's bank transactions that day as they were a genuine customer.

    Should have you obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,


    The Keeper of the car
    Mr K...........
Page 1
    • The Deep
    • By The Deep 16th Mar 17, 2:54 PM
    • 7,004 Posts
    • 6,073 Thanks
    The Deep
    • #2
    • 16th Mar 17, 2:54 PM
    • #2
    • 16th Mar 17, 2:54 PM
    You say "not much explanation", was there any? There would seem to be some sort of technical failure with their equipment here.
    You never know how far you can go until you go too far.
    • Fruitcake
    • By Fruitcake 16th Mar 17, 2:58 PM
    • 40,304 Posts
    • 80,504 Thanks
    Fruitcake
    • #3
    • 16th Mar 17, 2:58 PM
    • #3
    • 16th Mar 17, 2:58 PM
    If you are using a bank statement as evidence, make sure you redact the name otherwise you will be giving parking lie the driver's details.

    What happened when you complained to PALS?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • greekcoffee
    • By greekcoffee 16th Mar 17, 3:23 PM
    • 4 Posts
    • 2 Thanks
    greekcoffee
    • #4
    • 16th Mar 17, 3:23 PM
    Fruitcake
    • #4
    • 16th Mar 17, 3:23 PM
    I have attached a screenshot of the statement but blurred out the rest of the details...
    As to PALS, I am awaiting the outcome of this first before I get in touch with them...
    • Marktheshark
    • By Marktheshark 16th Mar 17, 3:27 PM
    • 5,597 Posts
    • 7,031 Thanks
    Marktheshark
    • #5
    • 16th Mar 17, 3:27 PM
    • #5
    • 16th Mar 17, 3:27 PM
    I would keep it simple, I paid here is the proof, they will reject it .
    Just get a POPLA code and come back.
    Brexit will become whatever they invent it to be.
    • Coupon-mad
    • By Coupon-mad 16th Mar 17, 9:12 PM
    • 49,996 Posts
    • 63,395 Thanks
    Coupon-mad
    • #6
    • 16th Mar 17, 9:12 PM
    • #6
    • 16th Mar 17, 9:12 PM
    I would keep it simple, I paid here is the proof, they will reject it .
    Just get a POPLA code and come back.
    Originally posted by Marktheshark
    NO - because this OP has a non-POFA PCN, it seems, going by the dates. It is vital not to say 'I' when someone is lucky enough to have the golden ticket:

    http://forums.moneysavingexpert.com/showthread.php?t=5618586

    HTH
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • greekcoffee
    • By greekcoffee 10th Apr 17, 2:58 PM
    • 4 Posts
    • 2 Thanks
    greekcoffee
    • #7
    • 10th Apr 17, 2:58 PM
    Parking Eye PCN in RUH Bath - UPDATE!!!
    • #7
    • 10th Apr 17, 2:58 PM
    As I mentoned earlier, I have appealed against this PCN using Parking Eye's online appeal procedure on the 16th March. Today I have recieved a further letter from them with a Final Notice giving me 14 days to pay. Failing payment they will refer this to a credit Reference Agency, Solicitors, Debt Recovery etc.
    No mention of my my appeal, no POPLA code, basicaly they ignored my appeal.
    Advice how to proceed will be appreciated.
    thanks
    • Marktheshark
    • By Marktheshark 10th Apr 17, 3:02 PM
    • 5,597 Posts
    • 7,031 Thanks
    Marktheshark
    • #8
    • 10th Apr 17, 3:02 PM
    • #8
    • 10th Apr 17, 3:02 PM
    Write to them, they can ignore e-mails.
    State it is not an appeal, but proof you have fulfilled the contract offer terms and conditions and therefore no breech of contract penalty is payable.
    Brexit will become whatever they invent it to be.
    • Umkomaas
    • By Umkomaas 10th Apr 17, 3:17 PM
    • 14,535 Posts
    • 22,864 Thanks
    Umkomaas
    • #9
    • 10th Apr 17, 3:17 PM
    • #9
    • 10th Apr 17, 3:17 PM
    Complain to the BPA (and cc to the DVLA) that they are continuing to pursue this charge despite it being under appeal.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 10th Apr 17, 11:19 PM
    • 49,996 Posts
    • 63,395 Thanks
    Coupon-mad
    As I mentoned earlier, I have appealed against this PCN using Parking Eye's online appeal procedure on the 16th March. Today I have recieved a further letter from them with a Final Notice giving me 14 days to pay. Failing payment they will refer this to a credit Reference Agency, Solicitors, Debt Recovery etc.
    No mention of my my appeal, no POPLA code, basicaly they ignored my appeal.
    Advice how to proceed will be appreciated.
    thanks
    Originally posted by greekcoffee
    I would email them - they don't ignore emails but they DO appear to lose letters. So don't write a letter.

    info@parkingeye.co.uk

    Ask for the POPLA code and tell them when you appealed online, and if they don't reply within a week, complain to the BPA.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • fangoose
    • By fangoose 10th Apr 17, 11:39 PM
    • 16 Posts
    • 8 Thanks
    fangoose
    I paid my fine while appealing to the hospital. Similarly, I paid on exit and was expecting to be told what to pay. I had not noted arrival time being stressed. The hospital instructed the fine be refunded and I received a cheque about a week later. Good luck.
    • greekcoffee
    • By greekcoffee 12th Apr 17, 10:20 AM
    • 4 Posts
    • 2 Thanks
    greekcoffee
    I have writen a coplaint letter to BPA and this is their reply!!!

    Thank you for your enquiry.

    Unfortunately we do not have the authority as a membership association to request a parking operator to cancel a parking charge or recall it from debt recovery, as per the collection process. We will investigate any complaints about alleged non-compliance with the BPA Code of Practice. However, we are not set up to deal with disputes from the general public about parking or control. Nor are we a regulatory body. Therefore, the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control and enforcement on private land. Any challenge or appeal is a matter for the landowners or operators procedure, with the option of taking it to POPLA, and or the courts. We will not get involved in the arbitration of a dispute between an operator and an individual.

    The Protection of Freedoms Act 2012 (POFA) is a piece of legislation introduced to provide Keeper Liability. This means if the Operator does not know the name and address of the driver they can hold the keeper liable under this legislation. To do this, they will need to meet the requirements contained within POFA. It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so as advised by the parking operator. It is at the discretion of the individual parking company as to whether they choose to utilise use POFA (2012).

    We note you advise you did not receive a copy of the appeal outcome. Unfortunately we are unable to ascertain whether mail (or an email) has or has not been sent or received by either party. As it is not currently a requirement of the Code that the operator sends mail using recorded delivery (or requests a delivery receipt for an email), we cannot advise there to be a breach of the Code.

    Yours Sincerely,

    (Text removed by MSE Forum Team)

    AOS Investigations Team
    British Parking Association
    Last edited by MSE ForumTeam5; 13-04-2017 at 8:05 PM. Reason: Personal details
    • Umkomaas
    • By Umkomaas 12th Apr 17, 10:28 AM
    • 14,535 Posts
    • 22,864 Thanks
    Umkomaas
    Template fob off - and their members have the audacity to complain about forum templates!

    http://forums.moneysavingexpert.com/showthread.php?p=72387661#post72387661
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 12th Apr 17, 7:05 PM
    • 49,996 Posts
    • 63,395 Thanks
    Coupon-mad
    The BPA always send that trash. It's a template reply. Shame on the BPA and their shoddy membership motley crew.

    But as you only appealed on 16th March you are jumping the gun anyway because PE had 35 days to get your POPLA code to you, so that you can then win on 'no keeper liability'.
    Last edited by MSE ForumTeam5; 13-04-2017 at 8:06 PM. Reason: Quoting edited post
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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