Parking Charge Notice from a company called parking eye

waamo

Parking Eye nearly always reject an appeal, the aim is to get a POPLA code (the independant appeal service).

Parking Eye have to fork out £27 for this and the success rate for Parking Eye at POPLA is not good.

Hovite_2

nicoladthomas wrote: »

Thank you for all the replies.

Don't i need to give more info when appealing to parking eye as wont they ask what my ground for appeal is?

Thanks

Nic

Nope - they will reject your appeal whatever you put so don't put too much effort into it and keep your cards close to your chest. You'll win at POPLA.

nicoladthomas

Hovite wrote: »

Nope - they will reject your appeal whatever you put so don't put too much effort into it and keep your cards close to your chest. You'll win at POPLA.

I wish i shared your confidence lol.

Just one final question if i may, should i put the appeal in now or wait to email it in towards the end of the 28 days?

Thanks

Nicola

waamo

Might as well put it in now.

Keep a note of all the dates everything happened ie date of ticket, 1st letter, appeal etc. Parking Eye have a habit of messing up the timescales they have to adhere to which makes a win so much easier.

Guys_Dad

Having seen that one PPC has refused to supply a POPLA code based on an appeal that gave no reason for the appeal, I would actually write

Dear Parking Eye,

Regards PCN ref xxxxxxx - the registered keeper does not accept you have the authority to issue the PCN. Furthermore, the registered keeper does not believe that you have followed the requirements of the Protection of Freedoms Act 2012.

Please either cancel the PCN or provide a POPLA code.

Yours faithfully,

Print Name ( don't sign it )

nigelbb

It doesn't have to be an appeal. The BPA Ltd Code of Practice refers to an "appeal or challenge"

Here is an extract from the current version of the CoP (in force since 20th June 2013) (my emphasis http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

22 Complaints, challenges and appeals
General principles
22.1 Under the Code you must have procedures for dealing fairly, efficiently and promptly with complaints, challenges or appeals. The procedures must give drivers and keepers the chance to challenge a parking charge notice.
22.2 Whenever you issue a parking charge notice you must tell drivers about the arrangements for resolving complaints, challenges or appeals. These include:
• your procedures for dealing informally with challenges by the driver about the parking charge notice or any matter in it
• the arrangements for independent appeal to POPLA
Drivers should first use your procedures for resolving complaints, challenges or appeals, before being able to refer them to an independent appeal. You should tell drivers at what stage an independent appeal to POPLA becomes available.
22.3 If the driver asks for them, you should give them copies of any photographic evidence you have. Ordinarily you should not charge for this unless Data Protection legislation specifically allows you to.
Operator procedures
22.4 If a driver or keeper challenges a parking charge you must review the case and decide whether to:
• uphold the parking charge and explain why it was issued and should therefore be paid, or
• reduce or cancel the charge and take no further management action other than informing the driver.
22.5 If the driver is due a refund of any fees, you must include that payment – or written confirmation that you have made the payment – with your reply.
22.6 When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the challenge.
22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to challenge the enforcement action.
22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. 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. If this date cannot be achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times
22.9 You may not ask the driver to send payment of the parking charge with their challenge or appeal.

Guys_Dad

You are, of course, correct Nigel.

However, I was trying to be pragmatic. The aim of the soft appeal is to get the POPLA code. No need to faff about arguing the toss with them about whether or not a challenge needs to be specific or not and run into any protracted discussions or stalling tactics.

Hence my suggestion that they have breached POFA. That's a real appeal point and they then have no excuse for misinterpretation.

Also, your helpful post gives another point worth includeing in the soft appeal that gives the motorist another advantage

"BPA COP 22.3 If the driver asks for them, you should give them copies of any photographic evidence you have. Ordinarily you should not charge for this unless Data Protection legislation specifically allows you to."

So refer them to this and ask for the evidence in the initial soft appeal. If they refuse or want to charge, another point for POPLA appeal.

Save all energy for POPLA.

Umkomaas

Hence my suggestion that they have breached POFA. That's a real appeal point and they then have no excuse for misinterpretation.

Apart from the fact that PE are the advocates of the 35-day Phillybuster and surely their first question will be.

'Please show us precisely where in PoFA 2012 you are accusing us of a breach'.

There's 228 pages in PoFA 2012.

Guys_Dad

Umkomaas wrote: »

Apart from the fact that PE are the advocates of the 35-day Phillybuster and surely their first question will be.

'Please show us precisely where in PoFA 2012 you are accusing us of a breach'.

There's 228 pages in PoFA 2012.

Fair point. let's see if they do.

nicoladthomas

Thank you all for the replies, I will do as advised and will keep you posted.

Many thanks

Nicola