parking ticket , parking eye (fine) Do i have to pay?

joshua2005

A bit of advice please, as i have googled and had a little time to research and just need a bit of clarification and your thoughts/ help...


this has been edited

nigelbb

PE should have offered an option of taking your case to an "independent" appeals body called POPLA. The timescales for all their notices & responses are very precise. Can you please give details of the dates e.g. the date you parked, the date that you received the first letter (I assume that you didn't have a notice on the car), the date that you responded (email or letter please specify), the date you received the subsequent letters.

PE haven't a leg to stand on with their demands as you made the receptionist aware of the situation & were given permission to park.

Stroma

You haven't broken any laws at all ! Parking Eye will no doubt read this and will probably be able to identify you as you have given to much information. You probably should have appealed and gone to popla if England or Wales. But that is out of time now.

You have two choices either pay them or not, if you pay it's the end of the matter, if you don't then there is a small chance that they could try a small claim. They would be mad IMO to try it as the machine is out of order and the surgery were aware of it.

If they tried a small claim you can get help from here and pepipoo to defend it, basically it's up to you. On another angle are you considered disabled under the Equality Act ?

joshua2005

Hi, no I'm not disabled, etc. deleted dates etc

Stroma

Ask them for a popla verification code as they have rejected the appeal. If they don't send it they must give an explanation.

As for a claim on this probably about £150 maximum, but don't think like that as it can be defended if they were stupid enough to go there.

Can you please remove the dates above as honestly these people troll websites looking for victims, you are giving to much information that we don't need

joshua2005

ps : nigelbb: just looked for mention of popla and on the back of the first letter, popla is mentioned but states i will recieve in writing details of popla and a unique ref if appeal is unsuccesful but that is the only mention. i presume thats their next letter if they pursue.

nigelbb

You are still in time for taking the case to POPLA. Under the British Parking Association Code of Practice PE have 35 days to accept or deny your appeal from the day they receive your appeal/challenge (this would have been Monday 25th March). They can't stop the clock with their nonsense about putting it on hold for 14 days awaiting further evidence. They have all the necessary evidence as they should be keeping records of when the machines are reported as out of order by the hospital.

What date did you park? Did they put a notice on the car? If there was no notice on the car then PE must contact you within 14 days. Do you have the envelope from the first letter to confirm date of posting as the letter dated 23/2/2013 means nothing as Private Parking Companies lie all the time

joshua2005

Stroma wrote: »

Ask them for a popla verification code as they have rejected the appeal. If they don't send it they must give an explanation.

As for a claim on this probably about £150 maximum, but don't think like that as it can be defended if they were stupid enough to go there.

Can you please remove the dates above as honestly these people troll websites looking for victims, you are giving to much information that we don't need

stroma Thankyou, money is not a prob but the moral of it is , thats why i am prepared to go whole way. big thanks.:)

joshua2005

no notice on my car, i'll pm you date now, but been advised not to put dates on forum, etc.

nigelbb

I can confirm from information that the OP has sent me that by the date on the letter PE are in time for the 14 days from date of "offence" for delivering the Notice To Keeper. However the envelope was destroyed so there is no way of knowing what the actual date of posting & thus deemed date of delivery was & as there was only a day or two in it they could well have erred. The moral for everyone else is never throw away the envelopes they can be just as important as any letter that you receive in them.

Coupon-mad

imernater wrote: »

ps : nigelbb: just looked for mention of popla and on the back of the first letter, popla is mentioned but states i will recieve in writing details of popla and a unique ref if appeal is unsuccesful but that is the only mention. I presume thats their next letter if they pursue.

I only saw the edited post just now - but did they reject your appeal? Then you presume wrong, they should have sent you the POPLA verification code with the rejection letter within 35 days of them receiving your appeal (not 35 days of you SENDING it - so don't jump the gun).

Have a look at Broadsword's post #62 here on pepipoo forum:

http://forums.pepipoo.com/index.php?showtopic=77301&st=60

Read the whole thread there in fact as it discusses Parking Eye and appeals. In your case I would sit and wait for the 35 days to elapse since they would have received your appeal, like victim 2 as mentioned by Broadsword. NO POPLA code provided in time means they are stuffed (do NOT prompt them for it). And if they ever tried a small claim you could show they had not followed their own industry's procedures correctly which a judge isn't going to be very impressed with - and you'd have other points of defence too of course so you'd be in a very strong position.