Parking Eye Penalty Charge Notice

rm2mr

Bad start to the day.......
Had an email from work with a Parking Eye Penalty Charge Notice attached.

I am supposed to have stayed in a service station car park for over 5Hrs when the signs say 2Hrs free.

The fact of the matter is that i visited twice. They appear to have one photo from my first visit and one from my second. In between the two visits i visited a supermarket, which i have a receipt for, and visited a customer. I have a signed report from the customer and having rung them this morning and they have agreed that i and my vehicle were on their premises when the alleged parking infringement took place.

Having read other threads i am slightly confused and would like some clarification please before i reply to the notice :-

1. Should i reply or just ignore it?

2. The date of event and date of issue are more than 14 days apart. If i have understood this correctly the two dates should be within 14 days of each other? Again should i ignore it on this basis or inform them of these dates and this is the reason i refuse to pay.

I'm a little reluctant to respond to their notice as i am wary that this may constitute an acknowledgement from myself. Although i do have a supermarket receipt and a customer testimony this doesn't really prove where the vehicle was at this time.

Any advice would be greatly appreciated

Rob

Coupon-mad

Absolutely 100% REPLY.

You will not be implicating yourself, you will be hooking PE in your direction instead of your workplace (who may panic and think about paying the scam invoice!).

Tell them that you were the driver and that you visited twice that day and can prove it at POPLA if required, so they are mistaken. Not only that, they have missed the deadline to issue a postal fake PCN within 14 days of the incident. Make sure the letter has your name and address on it so that no more letters can go to your workplace. Once a PPC has the driver's details (a name and an address) they cannot then pursue the registered keeper any more.

Then let us know what reponse you get.

spacey2012

rm2mr wrote: »

a Parking Eye Penalty Charge Notice

No you have not, read it again, see the impersonation ?
A clever little scam that is sweeping the country.
Fake parking tickets.

Tell them you were the driver and then ignore them and download the letters you will get.

rm2mr

spacey2012 wrote: »

No you have not, read it again, see the impersonation ?
A clever little scam that is sweeping the country.
Fake parking tickets.

Tell them you were the driver and then ignore them and download the letters you will get.

Sorry having read sooooo many of these threads this morning i put in the word 'penalty' by mistake. It should be 'Parking Charge Notice'

rm2mr

Coupon-mad wrote: »

Absolutely 100% REPLY.

You will not be implicating yourself, you will be hooking PE in your direction instead of your workplace (who may panic and think about paying the scam invoice!).

Tell them that you were the driver and that you visited twice that day and can prove it at POPLA if required, so they are mistaken. Not only that, they have missed the deadline to issue a postal fake PCN within 14 days of the incident. Make sure the letter has your name and address on it so that no more letters can go to your workplace. Once a PPC has the driver's details (a name and an address) they cannot then pursue the registered keeper any more.

Then let us know what reponse you get.

So just to clarify as my heads in meltdown from 'Parking Eye' threads :-
I should reply to the notice stating what happened (Provide copies of receipts?)
Tell them i can prove it at POPLA
Tell them they have missed the deadline for a Postal Charge Notice as its more than 14 days between the alleged parking infringement and the charge notice issue date (It is infact 23 days!!!!!!!)

spacey2012

Tell them what you like, they are scammers and wont give up on free money.
You beat them by ignoring them, in your case, once they know you were the driver.
If they think they can sue you, let them try.
POPLA is only a kangaroo court set up by, paid for, run by and headed by parking scammers.

Guys_Dad

spacey2012 wrote: »

Tell them what you like, they are scammers and wont give up on free money.
You beat them by ignoring them, in your case, once they know you were the driver.
If they think they can sue you, let them try.
POPLA is only a kangaroo court set up by, paid for, run by and headed by parking scammers.

That is one view and is frequently the best advice. However, in this case, according to information provided by OP, they have broken the terms of the POFA act, schedule 4. I quote:-

9.(4) The notice must be given by:

(a) handing it to the keeper, or leaving it at a current
address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second
working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

see here http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

That means that they need to have posted it in good time for you to get it 15 (not 14) days after the "offence".

If they haven't they are dead in the water and POPLA would have to kill the ticket. At least that's my interpretation of it.

So why sit tight and wait for months to see if they do decide to take you to court?

Either appeal and say that you do not accept that the letter you received is lawful and demand a POPLA form and POPLA number, then go POPLA (it will cost them over £30), or if you want to kill it before then, tell them that they delivered out of time and therefore are in breach of POFA 2012 schedule 4. They should then back down.

POPLA may be a kangaroo court, but in this case, if you use them, you will be one jump ahead. (sorry)

rm2mr

Guys_Dad wrote: »

That is one view and is frequently the best advice. However, in this case, according to information provided by OP, they have broken the terms of the POFA act, schedule 4. I quote:-

9.(4) The notice must be given by:

(a) handing it to the keeper, or leaving it at a current
address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second
working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

That means that they need to have posted it in good time for you to get it 15 (not 14) days after the "offence".

If they haven't they are dead in the water and POPLA would have to kill the ticket. At least that's my interpretation of it.

So why sit tight and wait for months to see if they do decide to take you to court?

Either appeal and say that you do not accept that the letter you received is lawful and demand a POPLA form and POPLA number, then go POPLA (it will cost them over £30), or if you want to kill it before then, tell them that they delivered out of time and therefore are in breach of POFA 2012 schedule 4. They should then back down.

POPLA may be a kangaroo court, but in this case, if you use them, you will be one jump ahead. (sorry)

Thanks that's just what i was looking for. The actual notice states the date of the alleged offence and then states the date of issue. The difference between the two is 23 days......... Correct me if i'm wrong but 23 is higher than 15.

Guys_Dad

rm2mr wrote: »

Thanks that's just what i was looking for. The actual notice states the date of the alleged offence and then states the date of issue. The difference between the two is 23 days......... Correct me if i'm wrong but 23 is higher than 15.

Allow for rounding and 15 represents a 40% discount on the full rate of 23 as per POPLA guidelines

So now it's up to you whether you tell them they are dead in water quoting the link I gave you or take them to POPLA and cost them £27 plus VAT.

One word of warning, though. I have not seen any POPLA appeal that had "out of time" as the appeal reason and was, therefore, won by motorist. We are going by what we understand the requirements of Schedule 4 (which is the law) rather than the BPA's own "rules"

Would appreciate comments from the legally qualified chaps on her to confirm this point, although I am almost 100% certain that it is right.

spacey2012

POPLA is not a legal body and can make any decision it see's fit, even if at odds with the law, as we have seen may times in rejecting the unlawful penalty argument.

Stroma

spacey2012 wrote: »

Tell them what you like, they are scammers and wont give up on free money.
You beat them by ignoring them, in your case, once they know you were the driver.
If they think they can sue you, let them try.
POPLA is only a kangaroo court set up by, paid for, run by and headed by parking scammers.

Yes but using their own rules against them ensures this will never see the light of a court room, and if it does you can show a judge where parking eye are not abiding by the bpa code of practice. I know you don't hold popla in much stock, but in cases like this its probably the best option as its free to use.

You can send something like this OP




Name
Address
Date

Dear Parking Eye

I want to appeal your invoice xxxx at xxxx car park on the xx/xx/xxxx . I visited this car park twice on this day. Obviously your anpr cameras and your systems are faulty as I can prove I wasn't there for the time you have me there for.

I require that you cancel this invoice immediately. If you reject my appeal, I require a popla verification code within 35 days of the date of this appeal, per the BPA code of practice.

I have no further information to provide to you, so I do not need a response from you giving a further 14 days, so consider this my final position to you.

Sincerely
Mrs Not a mug