parking eye _ help please

greatgimpo

ROXY38 wrote: »

HI yes i can name driver , do i just post letter to their appeals department??
thanks:)

Stroma wrote: »

Yes send it to them with proof of postage. And keep that safe. Don't send recorded as they will not sign for anything. You can also go to their website and name the driver. Say you are the registered keeper of the vehicle in both cases. So do both on this. And print screen and save the image before and after you submitted.

Tell them the keeper on the day in question is whoever it was and give the address of that person. Don't admit anyone is the driver , just keep it to the keeper on that day. The reason is that person may not have been driving, it's conceivable that someone else was. Under the Protection of Freedoms Act 2012 its allowed.

Isn't your advice a bit ambiguous?

Stroma

Not really as I am using the terminology used on here. If we advised use keeper in anything to a parking company , people would be wondering who this keeper was. It could be someone other than the person they gave the car to. For example he gives the vehicle to his wife to drive, so he tells the company that the keeper on that day was Mrs B. but when they write to her she says I wasn't driving as her daughter was.

It's about not admitting anything to the parking company, on the example above the daughter could say I was responsible for the vehicle on that day, again not admitting anything.

Roxy38

hi all
i followed your advice guys and sent parking eye a letter naming the driver after receiving a letter before action letter .I believed from your advice that this would restart process with a letter being sent to named driver.This isnt the case ,parking eye say as no appeal was sent and not received within 28 days of initial letter i am liable for ticket cost and that they will issue court proceedings if not paid.
any advice welcome!

ps paid for ticket had disabled badge got back to car on time but said 13 mins over time on issued letter .:eek:

Stroma

If they issue a claim to the wrong person knowing that they were not the driver then I think they have problems. I would advise posting this on https://www.pepipoo.com as well as this advice came from a couple of the guys there. Just point them to this thread, or explain everything to them

Coupon-mad

Hmmmmm...you seem keen to believe them and not us! You say 'this isn't the case' as if it's true - but had you not thought 'they would say that wouldn't they'?

Why not check it out for yourself and read Schedule 4 of the Protection of Freedoms Act 2012 (Google it). Read the bit about registered keeper liability and you will see that a registered keeper can only be considered potentially 'liable' if they do not give the name and address of the driver BEFORE LEGAL ACTION has commenced.

You have given the name and address of the driver and they had not started Court proceedings so you HAVE discharged your potential liability as keeper.

I would respond and tell them so. Also say that the driver on the day was displaying a Blue Badge and so were legally allowed longer to park under the provisions of the Equality Act 2010. Thirteen minutes is not even an adequate 'grace period', let alone a reasonable adjustment under disability law. Enclose a copy of the Blue Badge in question as long as it matches the driver you are naming of course.

Finish by saying you will complain to their clients which own/occupy that car park and to Trading Standards and the EHRC if the ticket is not cancelled and you reserve the right to advise the driver to sue both parties for disability discrimination if they persist.

Your response needs to be very assertive and typed as a formal letter.




P.S. Was this a free car park or was it Pay and Display with the ticket still within time?