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  • FIRST POST
    • xanthe<3
    • By xanthe<3 6th Oct 17, 12:52 PM
    • 7Posts
    • 2Thanks
    xanthe<3
    Parking eye 3hr parking overstayed 13mins
    • #1
    • 6th Oct 17, 12:52 PM
    Parking eye 3hr parking overstayed 13mins 6th Oct 17 at 12:52 PM
    Parking eye 3hr parking overstayed 13mins

    Hope someone can help guide me in the right direction... I shopped and ate at different shops at a local retail park .... babies being babies wanted feeding and our trip took longer than the 3 hours ...13 mins over .... can I appeal in anyway or shall I just pay the £85 or £50 if paid within 14days .. I overstayed on the 27th August...the letter is dated 3rd October but the letter arrived today 6th October...
Page 1
    • Redx
    • By Redx 6th Oct 17, 12:58 PM
    • 16,119 Posts
    • 20,201 Thanks
    Redx
    • #2
    • 6th Oct 17, 12:58 PM
    • #2
    • 6th Oct 17, 12:58 PM
    yes , please read the NEWBIES sticky thread , the blue text template is the appeal template

    2 extra paragraphs need adding

    1) POFA 2012 failure ( late NTK delivery)

    2) grace periods - clause #13 of the BPA CoP

    so you have 2 "golden tickets)

    choose KEEPER when appealing, do not tell them who was driving , edit post #1 to ensure that NOBODY knows who the driver was (important)

    this thread here has post #11 that I rewrote for somebody else that adds the clause #13 part

    http://forums.moneysavingexpert.com/showthread.php?t=5693951

    all YOU have to do is add another paragraph stating that they have failed POFA2012 due to late delivery of the NTK (as well, seeing as they failed on 2 important legal points)

    also COMPLAIN to the retail park as an OCCUPANT of the vehicle and cite the EA2010 at them seeing as it may be in your favour if the babies are very young

    extra time should be allowed for feeding mothers etc, plus clause #13 of the BPA CoP means any "overstay" that happened fell within the 2 grace periods alloowed , to park up , plus to leave as well
    Last edited by Redx; 06-10-2017 at 1:06 PM.
    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
    • xanthe<3
    • By xanthe<3 10th Oct 17, 12:32 PM
    • 7 Posts
    • 2 Thanks
    xanthe<3
    • #3
    • 10th Oct 17, 12:32 PM
    • #3
    • 10th Oct 17, 12:32 PM
    Thank you so much for your help !
    I'm rubbish at this .. is this right ?
    Many thanks ����


    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. Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled. Also you failed POFA2012 due to late delivery of the NTK .


    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,
    • Redx
    • By Redx 10th Oct 17, 1:02 PM
    • 16,119 Posts
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    Redx
    • #4
    • 10th Oct 17, 1:02 PM
    • #4
    • 10th Oct 17, 1:02 PM

    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, mainly for the following two reasons.

    You have failed POFA2012 due to late delivery of the NTK .

    Also Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled.

    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,
    Originally posted by xanthe<3
    yes its fine but I have amended the 2 points into separate bullet points and moved them up the appeal too , so use the one above , on their website , appealing as KEEPER in the drop down box (important)

    never admit or infer who the driver was
    Last edited by Redx; 10-10-2017 at 1:11 PM.
    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
    • The Deep
    • By The Deep 10th Oct 17, 1:17 PM
    • 7,191 Posts
    • 6,243 Thanks
    The Deep
    • #5
    • 10th Oct 17, 1:17 PM
    • #5
    • 10th Oct 17, 1:17 PM
    If there are several retail outlets, restaurants, hair salons etc. 3 hgours may not be enough time for you to shop. This may therefore be an unfair term in a consumer contract, read this


    http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
    Last edited by The Deep; 10-10-2017 at 1:19 PM.
    You never know how far you can go until you go too far.
    • happybagger
    • By happybagger 10th Oct 17, 2:42 PM
    • 45 Posts
    • 21 Thanks
    happybagger
    • #6
    • 10th Oct 17, 2:42 PM
    • #6
    • 10th Oct 17, 2:42 PM
    Is it just my impression or are PE actually starting to issue more pcns for these 11 12 13 etc minute 'overstays' at the moment? Testing the water maybe?
    • Redx
    • By Redx 10th Oct 17, 2:52 PM
    • 16,119 Posts
    • 20,201 Thanks
    Redx
    • #7
    • 10th Oct 17, 2:52 PM
    • #7
    • 10th Oct 17, 2:52 PM
    it seems that way, plus they think people are so thick that they wont query it

    I have seen one recent thread on here that said 8 minutes !!

    the BPA CoP says over 10 minutes to leave after a parking event

    plus they are also failing to send some within 14 days , in some cases months later , so any excuse , despite POFA2012 and despite the BPC CoP clause #13 (in this case it was BOTH)
    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
    • xanthe<3
    • By xanthe<3 17th Oct 17, 10:10 AM
    • 7 Posts
    • 2 Thanks
    xanthe<3
    • #8
    • 17th Oct 17, 10:10 AM
    • #8
    • 17th Oct 17, 10:10 AM
    If the appeal fails would I be required to pay £85.00 or £50.00 ? Many thanks
    • Redx
    • By Redx 17th Oct 17, 10:26 AM
    • 16,119 Posts
    • 20,201 Thanks
    Redx
    • #9
    • 17th Oct 17, 10:26 AM
    • #9
    • 17th Oct 17, 10:26 AM
    you would be well advised to go to POPLA with a POPLA appeal

    get it killed off at POPLA , for ZERO pounds

    if you werent aware of this , you have not digested the information in that NEWBIES sticky thread that I had crabman tidy up last week
    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
    • Johno100
    • By Johno100 17th Oct 17, 10:28 AM
    • 3,003 Posts
    • 3,220 Thanks
    Johno100
    If the appeal fails would I be required to pay £85.00 or £50.00 ? Many thanks
    Originally posted by xanthe<3
    Neither. Are you sure you've read and comprehended the NEWBIES thread?
    • xanthe<3
    • By xanthe<3 17th Oct 17, 12:00 PM
    • 7 Posts
    • 2 Thanks
    xanthe<3
    Sorry I'm not at all good with computers... Newbie thread ?
    • claxtome
    • By claxtome 17th Oct 17, 12:07 PM
    • 229 Posts
    • 215 Thanks
    claxtome
    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    Second thread from the top named "**NEWBIES!!......"
    • Umkomaas
    • By Umkomaas 17th Oct 17, 12:09 PM
    • 15,005 Posts
    • 23,583 Thanks
    Umkomaas
    Sorry I'm not at all good with computers... Newbie thread ?
    Originally posted by xanthe<3
    You don’t need to be ‘good with computers’, to find a thread, it’s one page back from this one (use the ‘back’ button < on your keypad to get there) and the NEWBIES sticky is one of the first 3 threads at the top of the thread list.

    I’m not much good with cars, but I drive hundreds of thousands of miles/kilometres all over Europe and South Africa.
    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.
    • Redx
    • By Redx 17th Oct 17, 1:50 PM
    • 16,119 Posts
    • 20,201 Thanks
    Redx
    Sorry I'm not at all good with computers... Newbie thread ?
    Originally posted by xanthe<3
    yep, top of this forum , second thread down

    NEWBIES - PLEASE READ THIS FAQ NOW !! or similar

    stuck to the top of this forum - required reading for each and every newbie to this forum

    all you have to do is read it , nothing to do with computers
    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
    • KeithP
    • By KeithP 17th Oct 17, 2:50 PM
    • 3,994 Posts
    • 2,266 Thanks
    KeithP
    xanthe<3, you still haven't edited your original post to avoid giving clues to the identity of the driver.

    Redx suggested you did that within minutes of you starting this thread.
    .
    • xanthe<3
    • By xanthe<3 17th Oct 17, 5:04 PM
    • 7 Posts
    • 2 Thanks
    xanthe<3
    xanthe<3, you still haven't edited your original post to avoid giving clues to the identity of the driver.

    Redx suggested you did that within minutes of you starting this thread.
    Originally posted by KeithP
    My name is not on here ?
    • xanthe<3
    • By xanthe<3 17th Oct 17, 5:06 PM
    • 7 Posts
    • 2 Thanks
    xanthe<3
    yep, top of this forum , second thread down

    NEWBIES - PLEASE READ THIS FAQ NOW !! or similar

    stuck to the top of this forum - required reading for each and every newbie to this forum

    all you have to do is read it , nothing to do with computers
    Originally posted by Redx
    Gotcha !
    Thanks for all your help !
    • KeithP
    • By KeithP 17th Oct 17, 5:22 PM
    • 3,994 Posts
    • 2,266 Thanks
    KeithP
    My name is not on here ?
    Originally posted by xanthe<3
    Yes, that's right.

    But you are now appealing this, and your appeal says:
    I challenge this 'PCN' as keeper of the car.
    and
    There will be no admissions as to who was driving and no assumptions can be drawn.
    Please check your original post to ensure that the driver and keeper are two different people.
    .
    • Redx
    • By Redx 17th Oct 17, 5:29 PM
    • 16,119 Posts
    • 20,201 Thanks
    Redx
    Parking eye 3hr parking (driver overstayed 13mins)

    Hope someone can help guide me in the right direction...

    THE DRIVER
    shopped and ate at different shops at a local retail park .... babies being babies wanted feeding and the trip took longer than the 3 hours ...13 mins over ....

    AS KEEPER can I appeal in anyway or shall I just pay the £85 or £50 if paid within 14days .. ?

    THE DRIVER overstayed on the 27th August...

    the letter is dated 3rd October but the letter arrived today 6th October...
    Originally posted by xanthe<3
    as above, note the changes

    the delay in posting the pcn means they failed POFA2012 miserably

    they had 14 DAYS to issue the pcn to the keeper, not 2 months
    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
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