Parking Charge Notice

Sirdan

taffy056 wrote: »

How can a driver be responsible for an adult who was not driving from opening the door and getting out ? If they are in a middle of a traffic jam what possible loss can happen ? The vehicle wasn't parked so this has nothing to do with popla because they deal with parking on private land, well that's the theory at least lol

If this is indeed our old friends APCOA then ;-

1) The OP states they were the driver and as such they got out whilst the passengers remained in the vehicle. So to APCOA the driver most certainly is the one liable.

2) The vehicle was stopped at the side of the road , that is the definition of parked in statute law, I see no reason why it should not apply to civil contract / tresspass law..so yes it is a POPLA matter.

3) APCOA themselves invite a POPLA appeal for this as they issue a PARKING enforcement notice for the event in question. So if APCOA regard it as a parking event then so should POPLA.

andybrock

RENEGADE wrote: »

Thanks for telling me.
Keep it simple, write something to the following effect:

Dear ParkingEye
Thank you for your invoice matching the above sequence dated xx-xx-xx. Since you mention Schedule 4 of the Protection of Freedoms Act 2012, I have conducted a thorough investigation of both the alleged event and your claim.

Upon analysing the matter, I conclude that your demand does not reflect losses suffered by your client as a result of the alleged incident and thereby it remains unlawful, therefore unenforceable. I fear however that you have misinterpreted the stipulations of Schedule 4 of the Protection of Freedoms Act 2012 which nowhere state that a keeper becomes liable for a de facto penalty issued by an operator. I am well aware of what you may pursue from the registered keeper, however it is not my task to provide you with this information. To this end I suggest that if your team have difficulties in comprehending the terms, please seek legal advice.

Take note that I have addressed this case in accordance with the terms of the protocol and refuse to assist you further in the affair. Your claim has been perused carefully from every angle and if you are unhappy with my position, I invite you to take the case to adjudication. Please also note that any attempts to sidestep the correct legal channels by calling upon collection agencies, solicitors or any other third party shall be discarded.

Your option has been clarified. I hereby declare this matter closed.

Yours sincerely
**your name** < Do not sign


This way, you have addressed the matter as keeper but you have not named a driver, have not admitted the event and nor have you denied it. If you send this very piece but modify the personal details, you may find they cancel their demand. That is what they did with me.

After sending this and been ignored can you then appeal and cost the PPC the POPLA charge-£32??

ManxRed

They have 35 days to respond. If they don't respond within 35 days the ticket is deemed cancelled. You can't appeal to POPLA without a code that Parking Eye need to give you.

Let us know if they have not folllowed this process, as this is yet another BPA CoP breach. Wrist slapping time, possibly.

andybrock

ManxRed wrote: »

They have 35 days to respond. If they don't respond within 35 days the ticket is deemed cancelled. You can't appeal to POPLA without a code that Parking Eye need to give you.

Let us know if they have not folllowed this process, as this is yet another BPA CoP breach. Wrist slapping time, possibly.

Sorry i've not been clear-my mistake

After sending a letter akin to the above and receiving a reply stating that the ticket stands should you receive a POPLA code and if not do you then have to "officially" appeal the charge?

Thanks.

Coupon-mad

I believe that when rejecting an appeal they have to provide a POPLA code. We have seen several PPCs wasting time asking for 'more evidence' when rejecting and not offering the POPLA code - I think they should all be reported every time to the BPA/DVLA.

andybrock

RENEGADE wrote: »

Thanks for telling me.
Keep it simple, write something to the following effect:

Dear ParkingEye
Thank you for your invoice matching the above sequence dated xx-xx-xx. Since you mention Schedule 4 of the Protection of Freedoms Act 2012, I have conducted a thorough investigation of both the alleged event and your claim.

Upon analysing the matter, I conclude that your demand does not reflect losses suffered by your client as a result of the alleged incident and thereby it remains unlawful, therefore unenforceable. I fear however that you have misinterpreted the stipulations of Schedule 4 of the Protection of Freedoms Act 2012 which nowhere state that a keeper becomes liable for a de facto penalty issued by an operator. I am well aware of what you may pursue from the registered keeper, however it is not my task to provide you with this information. To this end I suggest that if your team have difficulties in comprehending the terms, please seek legal advice.

Take note that I have addressed this case in accordance with the terms of the protocol and refuse to assist you further in the affair. Your claim has been perused carefully from every angle and if you are unhappy with my position, I invite you to take the case to adjudication. Please also note that any attempts to sidestep the correct legal channels by calling upon collection agencies, solicitors or any other third party shall be discarded.

Your option has been clarified. I hereby declare this matter closed.

Yours sincerely
**your name** < Do not sign


This way, you have addressed the matter as keeper but you have not named a driver, have not admitted the event and nor have you denied it. If you send this very piece but modify the personal details, you may find they cancel their demand. That is what they did with me.

I sent a letter akin to the above and they have replied stating I have declared I was not the driver and to fill in the reverse of the form.

Would like to appeal if necessary.

Advice please

Coupon-mad

If you want to appeal then fill in the driver's details as you (initials and surname) at another address! Or put the driver's details on and wait for a threatogram to arrive for the driver, then do the appeal in their name. The PPC have to then give the driver the POPLA code if they reject their appeal.

Then you/the driver can appeal if you really want to waste yours and their time, and take them to POPLA, and you'll have cost them wasted money over this scam.

Or you could just ignore the whole scam as you've made your point = there is no loss. Nothing will happen except the usual junk mail.

Certainly don't even think about paying.

andybrock

Coupon-mad wrote: »

If you want to appeal then fill in the driver's details as you (initials and surname) at another address! Or put the driver's details on and wait for a threatogram to arrive for the driver, then do the appeal in their name. The PPC have to then give the driver the POPLA code if they reject their appeal.

Then you/the driver can appeal if you really want to waste yours and their time, and take them to POPLA, and you'll have cost them wasted money over this scam.

Or you could just ignore the whole scam as you've made your point = there is no loss. Nothing will happen except the usual junk mail.

Certainly don't even think about paying.

Think I might just ignore-would like to send them a long legal appeal letter but the outcome will be the same.
More spare paper for scribbling on

debtfreeby2013

I recently had a charge from parking eye for overstaying by 1 hour (£10 loss to the service station). I sent an appeal stating it was unfair contract terms, etc etc, and got the typical response that my appeal did not succeed. They also sent me the same PCN again with different dates for payment on (ie, gave me the 2 week 'reduced' period again) and have told me to pay by 30th December. I have so far ignored this request and am planning to continue this but as I have already sent a letter and am therefore 'on their radar' does this make them more likely to pass the debt on or anything like that? I've not long moved so the car was still registered to my parents address at the time of the overstay so don't want anyone threatening to turn up at their door or anything.

Basically, I just want to make sure that I'm still ok to ignore even though I've already written to them. Can't be bothered chasing the appeal to POPLA etc.

atilla

They'll just pass it to the next desk along. That will mean of course a different letterhead.
Still means carry on ignoring.