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  • FIRST POST
    • boothzor
    • By boothzor 29th Aug 17, 10:59 AM
    • 29Posts
    • 9Thanks
    boothzor
    PCN - ParkingEye - Aire street Leeds
    • #1
    • 29th Aug 17, 10:59 AM
    PCN - ParkingEye - Aire street Leeds 29th Aug 17 at 10:59 AM
    Hi guys.

    So driver was working away up Leeds and was staying in Park Plaza which has no parking. Found a car park opposite the train/bus station and the driver must've spent about 15 minutes reading the sign because it wasn't very clear but did say something like chargeable tariff hours 8:00-18:30. As the driver arrived after the stated time he thought it would be okay to leave the van overnight and come back before 8am which he did.

    Few weeks after company gets the PCN for amount of £100.

    I have searched a few threads that people has been fined for staying in the same car park as he did, and most of them had the same problem as him with unclear signage and they were under the same impression.

    Any help would be much appreciated.
    Last edited by boothzor; 02-10-2017 at 6:09 PM.
Page 1
    • boothzor
    • By boothzor 29th Aug 17, 11:00 AM
    • 29 Posts
    • 9 Thanks
    boothzor
    • #2
    • 29th Aug 17, 11:00 AM
    • #2
    • 29th Aug 17, 11:00 AM
    Date of event: 28/7/17
    Date Issued: 15/8/17

    Received the letter 17/8/17
    • beamerguy
    • By beamerguy 29th Aug 17, 11:12 AM
    • 6,476 Posts
    • 8,306 Thanks
    beamerguy
    • #3
    • 29th Aug 17, 11:12 AM
    • #3
    • 29th Aug 17, 11:12 AM
    it wasn't very clear but did say something like chargeable tariff hours 8:00-18:30. As I arrived after the stated time I thought it would be okay to leave the van overnight and come back before 8am which i did.

    Few weeks after I get the PCN for amount of £100.
    Originally posted by boothzor
    are you certain of the above
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • boothzor
    • By boothzor 29th Aug 17, 12:21 PM
    • 29 Posts
    • 9 Thanks
    boothzor
    • #4
    • 29th Aug 17, 12:21 PM
    • #4
    • 29th Aug 17, 12:21 PM
    I've read a thread on here (same car park) and they also genuinely believed it chargeable hours was 8am to 6pm due to misleading signs.
    • DollyDee
    • By DollyDee 29th Aug 17, 12:47 PM
    • 748 Posts
    • 852 Thanks
    DollyDee
    • #5
    • 29th Aug 17, 12:47 PM
    • #5
    • 29th Aug 17, 12:47 PM
    http://forums.moneysavingexpert.com/showthread.php?t=5617801

    See Post #18 for link to pic(s) of signage.

    Your Notice To Keeper (PCN) was delivered too late for keeper liability.

    Read the "Newbies" thread - top or almost top thread on first page of forum.

    Send the blue BPA template appeal to Parkingeye. This will be rejected but you will get a POPLA Code.

    Search this forum for similar POPLA appeals and adapt to suit.
    • Edna Basher
    • By Edna Basher 29th Aug 17, 1:29 PM
    • 611 Posts
    • 1,571 Thanks
    Edna Basher
    • #6
    • 29th Aug 17, 1:29 PM
    • #6
    • 29th Aug 17, 1:29 PM
    Based upon the dates you have provided and as Dolly Dee points out, the PCN was delivered too late for ParkingEye to have the right to rely on Schedule 4 of the Protection of Freedoms Act 2012 (POFA) to hold the keeper liable for the charge.

    If you look on the back of ParkingEye's PCN you should see no reference to POFA nor any claim that the keeper could ever be liable for the parking charge.

    If this is the case, you will have an easy win at POPLA - so long as you do not reveal who was driving.
    • fisherjim
    • By fisherjim 29th Aug 17, 1:34 PM
    • 2,585 Posts
    • 3,848 Thanks
    fisherjim
    • #7
    • 29th Aug 17, 1:34 PM
    • #7
    • 29th Aug 17, 1:34 PM
    i must've spent about 15 minutes reading the sign because it wasn't very clear but did say something like chargeable tariff hours 8:00-18:30.

    I hope you will be concentrating more on the appeals process!

    Did you not read beneath the above:

    Overnight: Mon-Sun 6PM-8AM up to 14 Hours £5.50

    http://imgur.com/a/jk1Kc
    • Edna Basher
    • By Edna Basher 29th Aug 17, 1:38 PM
    • 611 Posts
    • 1,571 Thanks
    Edna Basher
    • #8
    • 29th Aug 17, 1:38 PM
    • #8
    • 29th Aug 17, 1:38 PM
    Based on the pictures in a PE Evidence Pack from last year, it looks like there are 3 sets of tariffs in this car park:
    • Weekday 8am - 6pm
    • Weekend 8am - 6pm
    • Overnight 6pm - 8am
    According to the signs, all daytime tickets expire at 6pm and a separate ticket must be purchased for any night time parking required - a very confusing and unfair system which is clearly designed to entrap motorists.
    • fisherjim
    • By fisherjim 29th Aug 17, 1:48 PM
    • 2,585 Posts
    • 3,848 Thanks
    fisherjim
    • #9
    • 29th Aug 17, 1:48 PM
    • #9
    • 29th Aug 17, 1:48 PM
    Based on the pictures in a PE Evidence Pack from last year, it looks like there are 3 sets of tariffs in this car park:
    • Weekday 8am - 6pm
    • Weekend 8am - 6pm
    • Overnight 6pm - 8am
    According to the signs, all daytime tickets expire at 6pm and a separate ticket must be purchased for any night time parking required - a very confusing and unfair system which is clearly designed to entrap motorists.
    Originally posted by Edna Basher
    Yes it's a pigs ear, however if you arrive after 6PM it doesn't take much brainpower to realise an overnight stay will cost £5.50
    • boothzor
    • By boothzor 30th Aug 17, 4:41 PM
    • 29 Posts
    • 9 Thanks
    boothzor
    Okay so I go onto the Parking Eye website to appeal the PCN, when it asks you to select 'I am the..' and you select the drop box I guess I select none of the above? Its a works van so I'm not the registered keeper and also I don't want to mention I am the driver?

    Or should I select registered keeper so the templates etc are in line and will be easier?
    • Redx
    • By Redx 30th Aug 17, 4:42 PM
    • 16,936 Posts
    • 21,061 Thanks
    Redx
    does it have KEEPER or LESSEE ?

    use those if you can
    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
    • boothzor
    • By boothzor 30th Aug 17, 4:49 PM
    • 29 Posts
    • 9 Thanks
    boothzor
    Yes it has both. But the vehicle is a works van and belongs to my employer.

    Should I just lie and say I am the keeper?
    • Edna Basher
    • By Edna Basher 30th Aug 17, 6:17 PM
    • 611 Posts
    • 1,571 Thanks
    Edna Basher
    POFA defines "keeper" as meaning the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

    You wouldn't be telling lies if you called yourself the "keeper".
    • Coupon-mad
    • By Coupon-mad 31st Aug 17, 12:56 AM
    • 51,818 Posts
    • 65,447 Thanks
    Coupon-mad
    Yes it has both. But the vehicle is a works van and belongs to my employer.

    Should I just lie and say I am the keeper?
    Originally posted by boothzor
    No, you are the lessee on the drop-down menu - you are the person who was effectively that.

    You are not the registered keeper, and PE don't offer the option of 'keeper'.
    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.

    • boothzor
    • By boothzor 31st Aug 17, 3:42 PM
    • 29 Posts
    • 9 Thanks
    boothzor
    Okay so made the appeal to Parking Eye, now just waiting on a reply.

    Keep you posted.
    • boothzor
    • By boothzor 27th Sep 17, 9:39 AM
    • 29 Posts
    • 9 Thanks
    boothzor
    Parking Eye has got back to be, here it is..

    Dear Sir / Madam,
    Thank you for your correspondence in relation to the Parking Charge incurred on 28 July
    2017 at 07:58, at Aire Street, Leeds car park.
    We are writing to advise you that your recent appeal has been unsuccessful and that you
    have now reached the end of our internal appeals procedure. Our records show that
    insufficient time was paid for on the date of the parking event. Please be advised:
     There is an independent appeals service (POPLA) which is available to motorists
    who have had an appeal rejected by a British Parking Association Approved
    Operator. Contact information and further information can be found enclosed.
     As a gesture of goodwill, we have extended the discount period for a further 14
    days from the date of this correspondence. If you appeal to POPLA and your
    appeal is unsuccessful you will not be able to pay the discounted amount in
    settlement of the Parking Charge, you will be liable to pay the full amount. If you
    have already paid the reduced amount, the Parking Charge will be increased to
    the full amount and you will be liable to pay this increase.
     By law we are also required to inform you that Ombudsman Services
    provides an alternative dispute resolution
    service that would be competent to deal with your appeal. However, we have not
    chosen to participate in their alternative dispute resolution service. As such should
    you wish to appeal then you must do so to POPLA, as explained above.

    So what to do now is I search on the forums for a recent POPLA appeal for the same circumstances as me. But because there is no keepers responsibility as the PCN arrived late do I add a few lines to the appeal about no keepers responsibility?

    Thanks.
    • boothzor
    • By boothzor 27th Sep 17, 2:48 PM
    • 29 Posts
    • 9 Thanks
    boothzor
    Some guidance from you lovely bunch of people please... ?
    • KeithP
    • By KeithP 27th Sep 17, 3:06 PM
    • 4,774 Posts
    • 3,127 Thanks
    KeithP
    Your original post gives too many clues as to who the driver was.

    Suggest you edit it to talk about "the driver", "the keeper".
    There is no place for "I", "me", etc.
    .
    • Coupon-mad
    • By Coupon-mad 27th Sep 17, 6:37 PM
    • 51,818 Posts
    • 65,447 Thanks
    Coupon-mad
    Did you choose 'hirer/lessee' in the dropdown appeal?

    Did they then send you a new PCN in your own name, or has the only PCN been in the company's name, never yours?

    You need to read ''golden ticket'' ParkingEye threads and copy a POPLA appeal someone has already written which already deals with the fact there's nothing on the back of the PCN (presumably) about the POFA and keeper liability.

    I'd search 'ParkingEye golden ticket POPLA' and you should find one to plagiarise.
    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.

    • boothzor
    • By boothzor 2nd Oct 17, 10:46 AM
    • 29 Posts
    • 9 Thanks
    boothzor
    Yes I choose Lessee.

    No I have not received anything I still only have the PCN that the company received 17/8/17.

    I'll try to find one through the forums and post in this thread to be sure I'm copying the correct one.

    Thank you very much for your advice Coupon-mad. BTW I have just received a penalty charge notice: Performing a prohibited turn no right turn FML!
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