Parking eye.

Ilde

Hi I wonder if anyone could help me. I have received a penalty notice from parking eye. I have appealed and told them that I was not the driver at the time of the event, which is true. They have now replied asking for the details of the driver. I believe that I don't have to supply these details, but they are quoting freedom of information act. There are currently 3 people insured to use the car. If I refuse or indeed am unable to tell them who was driving the vehicle will they still come after me as the registered keeper.
Thanks.

Guys_Dad

YES

From BPA Web site

POFA 2012 means the Protection of Freedoms Act 2012,
which in Section 54 criminalises vehicle immobilisation
and removal without lawful authority in England and
Wales; and in Section 56, working with Schedule 4,
introduces the concept of keeper and hirer liability for
parking charges.

From POFA


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

Right to claim unpaid parking charges from keeper of vehicle

4 (1) The creditor has the right to recover any unpaid
parking charges from the keeper of the vehicle.
(2) The right under this paragraph applies only if:
(a) the conditions specified in paragraphs 5, 6, 11 and
12 (so far as applicable) are met; and
(b) the vehicle was not a stolen vehicle at the
beginning of the period of parking to which the
unpaid parking charges relate.
(3) For the purposes of the condition in sub-paragraph
(2)(b), the vehicle is to be presumed not to be a stolen
vehicle at the material time, unless the contrary is proved.

edward123

Ilde wrote: »

Hi I wonder if anyone could help me. I have received a penalty notice from parking eye. ....
Thanks.

No you haven't. Its a PARKING charge notice. This is something quite different.Basically it is what some call a 'speculative invoice.' Its a scam really. You do not have to pay it. But you do need to read up on Parking Eye on this forum and follow advice given to many like yourself.

Ilde

Thanks I have read quite a bit, but will keep on

Coupon-mad

Ilde wrote: »

Thanks I have read quite a bit, but will keep on

You just need to challenge it until you get a POPLA code (read other threads please) and DO NOT challenge it on the daft and pointless basis that 'I wasn't driving'.

Ilde

Hi all.
I have sent parking eye 2 letters now, the most recent was from a template from parking cowboys. I have received a template style letter back from the stating that all my issues are generic and covered under their FAQ which they have sent to me. They have also sent me another letter putting the charge on hold for 14 days, however In the template style letter, I asked them for a POPLA appeal code, which they have not supplied. They also state with regard to the 35day rule for accepting or rejecting my appeal. "the clause to which this argument refers to has been amended and will be made accessible to the general public in due course. Parkingeye will not be penalised for failing to accept or reject an appeal within 35 days". Is this right have the rules been changed.
Many Thanks for all your help.

Stroma

If they don't give you the popla code within 35 days it fails its that simple. The change in the BPA Code of Practice is from the 20/06/13 and is not retrospective at all. Wait the 35 days then send this to them


Dear Parking Eye


Thank you for accepting the challenge of invoice xxxxx dated xxxxx, as per Version 2 of the BPA Code of Practice (CoP) which was in force until the 19/06/13, you have failed to abide by your industry CoP, and the Protection of Freedom Act 2012.

This matter is now closed, if any spurious small claims are made the keeper will fully defend their position with your CoP failures and breaches of Pofa 2012.

Faithfully

The keeper

Guys_Dad

And, of course, POPLA website still has the requirement that 35 days timescale must be met. So it's not just a BPA requirement that they seem to have changes, but also a POPLA one that is current.

My advice is to print that POPLA page off now and keep it for future reference should the PPC fail to meet these deadlines.

edward123

....and anyway, what is "exceptional" ("It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution."-BPA CoP ) about Idle's ticket/circumstances? Accordingly Parking Eye really have no excuse for not giving you that POPLA code within 35 days.

Guys_Dad

edward123 wrote: »

....and anyway, what is "exceptional" ("It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution."-BPA CoP ) about Idle's ticket/circumstances? Accordingly Parking Eye really have no excuse for not giving you that POPLA code within 35 days.

That bit means they have to get back in contact with you before the 35 days are up and advise you so you know when you are likely to get a reply. After all, you may have a 4-week holiday arranged on the basis that you would have their appeal decision and time to file a POPLA appeal before going on holiday.

Stroma

No they have 35 days end of, this fake parking ticket is from before the new version 3 CoP came into force, so it's not retrospective so this falls under version 2 which means they must either accept or reject in the 35 days.