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  • FIRST POST
    • MidgeyH
    • By MidgeyH 12th Jun 17, 10:51 AM
    • 9Posts
    • 2Thanks
    MidgeyH
    Parking eye parking ticket appeal advice
    • #1
    • 12th Jun 17, 10:51 AM
    Parking eye parking ticket appeal advice 12th Jun 17 at 10:51 AM
    Hi can anyone help?
    I Received a parking ticket today for a vehicle i am keeper of. The vehicle and driver arrived at 2.27 but the car park machine was broken, The driver queued for over 5 minutes, tried the machine and Input reg a few times and it didn't work. Went back to the car and had to download the parking app, register the car and card and go through the process of all of that. So it took 14 minutes to get a ticket. The ticket started at 2.41 and ended at 5.41. Driver got back to car at 5.41 when the ticket ran out. Driver and passengers then packed all beach stuff away, got into the car and then drivers partner had to do his insulin injection. The car left the car park at 5.52. So officially did buy a ticket for the amount of time that driver and passengers were away from the car. Can anyone shed any light on appealing?
    Last edited by MidgeyH; 12-06-2017 at 9:58 PM. Reason: Mistakes and incorrect information
Page 1
    • IamEmanresu
    • By IamEmanresu 12th Jun 17, 11:08 AM
    • 1,435 Posts
    • 2,675 Thanks
    IamEmanresu
    • #2
    • 12th Jun 17, 11:08 AM
    • #2
    • 12th Jun 17, 11:08 AM
    Who issued the tickets?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • MidgeyH
    • By MidgeyH 12th Jun 17, 11:53 AM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    • #3
    • 12th Jun 17, 11:53 AM
    • #3
    • 12th Jun 17, 11:53 AM
    Parking eye
    • Redx
    • By Redx 12th Jun 17, 11:57 AM
    • 15,211 Posts
    • 19,172 Thanks
    Redx
    • #4
    • 12th Jun 17, 11:57 AM
    • #4
    • 12th Jun 17, 11:57 AM
    just follow the BPA advice in the NEWBIES sticky thread, each of you appeal separately using the blue text appeal "as is)

    no disclosing who the driver was, so appeal as KEEPER , not as driver on their website
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Quentin
    • By Quentin 12th Jun 17, 12:02 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    • #5
    • 12th Jun 17, 12:02 PM
    • #5
    • 12th Jun 17, 12:02 PM
    You need to edit your OP where you identified the driver


    if you have inadvertently used your real name as your forum name then you also need to contact MSE ASAP and ask for it to be changed
    Last edited by Quentin; 12-06-2017 at 12:07 PM.
    • MidgeyH
    • By MidgeyH 12th Jun 17, 12:28 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    • #6
    • 12th Jun 17, 12:28 PM
    • #6
    • 12th Jun 17, 12:28 PM
    Sorry what do you mean? I'm new to all this!
    • Quentin
    • By Quentin 12th Jun 17, 12:29 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    • #7
    • 12th Jun 17, 12:29 PM
    • #7
    • 12th Jun 17, 12:29 PM
    Only you know if your forum name is your real name! (You aren't allowed this under forum rules, but more pertinent to you is that the PPCs monitor this forum and can use your posts against you)


    Throughout here everyone is advised never to reveal who the driver was. You have done so in your Original Post (OP)


    Thus any attempts by you to not identify the driver will be scuppered if the PPC ties you into this thread!
    Last edited by Quentin; 12-06-2017 at 1:00 PM.
    • MidgeyH
    • By MidgeyH 12th Jun 17, 1:07 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    • #8
    • 12th Jun 17, 1:07 PM
    • #8
    • 12th Jun 17, 1:07 PM
    Is that better Quentin?
    • MidgeyH
    • By MidgeyH 12th Jun 17, 1:27 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    • #9
    • 12th Jun 17, 1:27 PM
    • #9
    • 12th Jun 17, 1:27 PM
    I have a question about this part of the letter. This isn't what is being contested. What is being contested is the time it took to leave the car park and to be able to get a ticket as their machine was broken. Should that be put that in or just keep the letter as is?

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
    • Quentin
    • By Quentin 12th Jun 17, 1:30 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    What letter is this?


    You should only be using the appeal set out in the newbies faq thread if you are wanting to follow this forum's advice (as advised in #4 above)
    Last edited by Quentin; 12-06-2017 at 1:32 PM.
    • MidgeyH
    • By MidgeyH 12th Jun 17, 1:37 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    The letter is copied from the newbies thread as advised.
    • Quentin
    • By Quentin 12th Jun 17, 1:42 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    That letter will get you a POPLA code.


    Start putting your POPLA appeal together and post it up when done for comment
    • MidgeyH
    • By MidgeyH 12th Jun 17, 1:44 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    Is that what I want or am I better to send reasoning for why ticket is being appealed? E.g. Reasons stated above. Sorry to ask all these questions, just want the best outcome. It also states that they can't apply to Dvla for information, they already have done to enable them to write to me?
    • Quentin
    • By Quentin 12th Jun 17, 1:47 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    The newbies FAQ thread does advise to use that letter to "guarantee" a POPLA appeal.


    You change it at your risk!


    Where have you read that PE cannot get the RK details from DVLA? (As you have discovered they certainly can!)
    • MidgeyH
    • By MidgeyH 12th Jun 17, 1:57 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    That's what the letter in the newbies thread says:

    Dear Sirs

    Re: PCN No.

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

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    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.

    Should you obtain 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.
    Last edited by MidgeyH; 12-06-2017 at 9:57 PM. Reason: Incorrect info
    • Fruitcake
    • By Fruitcake 12th Jun 17, 2:04 PM
    • 40,232 Posts
    • 80,346 Thanks
    Fruitcake
    It doesn't say, they can't obtain DVLA data, it says, should they obtain your data without cause, you may make a DPA breach claim against them.

    Just send the template in blue as advised then start reading up on how to win at PoPLA. This will include grace periods before and after parking.
    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
    • pogofish
    • By pogofish 12th Jun 17, 2:45 PM
    • 7,378 Posts
    • 7,406 Thanks
    pogofish
    If that PCN number is genuine, you need to edit it out NOW!

    PE and other PPCs do trawl these forums looking for info to identify/catch-out posters, so protecting your identity is important.
    • Quentin
    • By Quentin 12th Jun 17, 3:00 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    And is your forum name a nom de plume and doesn't contain your real name?


    (See #7)
    • Redx
    • By Redx 12th Jun 17, 3:07 PM
    • 15,211 Posts
    • 19,172 Thanks
    Redx
    in post #4 I clearly told you to submit it "as is"

    what you think it says is not what it actually says, but because they have already done that action then a slight alteration is all that was required if you want to be wholly accurate (not that it matters)

    Dear Sirs

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

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

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    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.

    Should you have 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,
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • MidgeyH
    • By MidgeyH 12th Jun 17, 9:55 PM
    • 9 Posts
    • 2 Thanks
    MidgeyH
    Hi, I sent it as it was in the thread. Will post once I receive a reply. Thank you
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