Parking eye from feb2013

janec

Back in feb I got a fake PCN from parking eye and having read through posts decided to completely ignore it which seemed to be the current advice .i have just received letter 4 after a gap of nearly 3 months and came on here to check the list of threatograms ,to tick if off.having read through a few current posts am I right in thinking that you now don't advise ignoring but doing a popla appeal then ignoring ? When and why did this change? I did read ,coupon mad ,that you still say to say nothing so will stick with the programme! Thank you coupon mad and stroma for all your hard work on here by the way.you must of helped hundreds,no thousands of people :beer:

Stroma

Parking Eye have changed tactics some time ago, they are now issuing claims for some people who ignore them. A claim doesn't equal a win, it's just another form of intimidation for them, it can be defended against with help from the guys over on https://www.pepipoo.com

You are already too late for a popla appeal so you only have two choices of continuing to ignore, or to fund this scam by paying. Debt Recovery Plus / Zenith Collections who I believe that PE use can be ignored completely.

Small claims from PE can't and shouldn't be ignored, if you get a claim from Northampton come back here for further help, also post up on pepipoo as well as they are the ones who can help you defend the case.

And the change happened in October last year when the Protection of Freedoms Act 2012 was enacted

And thanks for the thanks

nigelbb

It is possible even after this length of time to send an appeal & get a POPLA code & that is where the driver was not the registered keeper. PE can only pursue the RK for an unpaid parking charge when they don't know the name if the driver.

As long as PE have not instigated court proceedings the RK can name the driver & the PE must then contact the driver & offer a chance to appeal. It is even open to the RK to name themselves as the driver thus resetting the clock & getting the chance of a POPLA appeal that with the help of Pepipoo should be won.

PE are taking those who have ignored them to court.

Stroma

Are you sure on naming themselves as the driver they will reset this to the start ? It opens up a lot of possibilities if so.

Guys_Dad

Way out possibly?

Dear scammer,

I am J Smith , the registered keeper. As the registered keeper, I am writing to inform you that the driver at the time was J Smith, jnr, who is resident at my address.

Please address future correspondence to him.

J Smith

Stroma

Yes I can see it now that it could be interpreted as such, very interesting

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

monkeysaving

Stroma wrote: »

Are you sure on naming themselves as the driver they will reset this to the start ? It opens up a lot of possibilities if so.

Very important to get this confirmed. Currently PE are pursuing my RK spouse for an incident in December, when I shopped for the first time in an Aldi three hours from where I live, stayed less than half the allowed time, but did not see any signage about entering registration at check out. Did see a new in-store sign a few days later that was definitely not displayed at the first visit.

Ignored earlier PCNs, according to your advice. They ceased in Feb, but have resumed this month with threats of court etc.

Stroma

You be better to create your own thread as it will confusing to give you advice as well, one parking issue to one thread. - thanks
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

monkeysaving

Stroma wrote: »

You be better to create your own thread as it will confusing to give you advice as well, one parking issue to one thread. - thanks

Sorry, will do.

Coupon-mad

Stroma wrote: »

Are you sure on naming themselves as the driver they will reset this to the start ? It opens up a lot of possibilities if so.

Yes but only 'safe' to do if the original fake PCN was a postal one sent to the keeper, because the PPC then have to send a Notice to Driver for the first time. The driver then 'should' get the usual time to appeal (that's what should happen). As spotted & posted about first, by Broadsword on pepipoo.

Not recommended where the first fake PCN was on the windscreen because naming the driver when the driver has already seen a 'Notice to Driver' could stitch the driver up with a small claim (no need for the PPC to jump through the hoops of registered keeper liability, they also know who was driving = bingo for them, a stitch-up!).

monkeysaving wrote: »

Very important to get this confirmed. Currently PE are pursuing my RK spouse for an incident in December, when I shopped for the first time in an Aldi three hours from where I live, stayed less than half the allowed time, but did not see any signage about entering registration at check out. Did see a new in-store sign a few days later that was definitely not displayed at the first visit.

Ignored earlier PCNs, according to your advice. They ceased in Feb, but have resumed this month with threats of court etc.

Not possible to 'confirm' it as these PPCs are a law unto themselves as we know. But it is in the POFA that a registered keeper can advise a PPC who the driver was 'before court action is started' (or words to that effect). And then the PPC 'should' write to the driver - and the driver should get an appeal offered but ONLY where it was a postal camera fake PCN where it's the first letter to the driver, IMHO.

HTH but you need to discuss this further on your own thread.

janec

So coupon mad do you think I should appeal as described above ,naming myself as the driver or just keep ignoring ? It's been 4 months now. If I just keep ignoring then eventually end up with a court claim,which seems unlikely ,I could defend it along the lines of its unenforcable ,you have lost nothing as parking is free ,16 mins overtime at £0 per hour is nothing ,kind of thing ,that I remember reading 4 months back? Thanks