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Parking Eye PCN - issued three months later.

Hoster
Hoster Posts: 18 Forumite
Tenth Anniversary Combo Breaker
edited 22 July 2013 at 6:49PM in Parking tickets, fines & parking
Hi first time poster here,

Yesterday I got a PCN from PE because a driver of my car is alleged to have overstayed in a carpark by about 45 minuets (It was a car park at a retail park that allows 3 hours of free parking)

I've spent a few hours reading through threads on this forum and the gist seems to be that since October last year the best plan is to appeal against PE, however I have a few questions:

The incident happened on the 23rd March 2013 but the invoice wasn't issued until the 28th June. Some of the replies on other threads imply that there is a two week deadline for the PPCs to issue an invoice, otherwise their claim becomes invalid, is this the case?

If so should I write to challenge their charge, stating this and asking for a POPLA code, or should I just ignore them altogether?

Thanks for all the information posted in this forum btw - it's very useful. I was going to pay the reduced 'fine' but I dimly remembered reading something about how these private parking fines have no legal validity, so I did a few Google searches and whadaya know :D
«134

Comments

  • Umkomaas
    Umkomaas Posts: 43,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can you scan and post up here a copy of the letter, with all personal, car number, location details obliterated.

    Here's the way to do it:

    https://forums.moneysavingexpert.com/discussion/1690399

    Normally PE are usually on the ball with their paperwork, hopefully this wil be an exception and we can advise you how to kill this off quickly.

    Look forward to seeng the scan.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    They are out of time with this, which means they are in breach of the protection of freedoms act 2012, I would write to them with a challenge




    Name
    Address

    Date

    Dear Parking ,

    In reference to the speculative invoice xxxxxx dated xxxxxx, the keeper denies all liability to your company as your Notice to Keeper is in breach of the Protections of Freedoms Act 2012. If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 3 of the BPA Code of Practice.

    The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code, furthermore the keeper is fully aware that you must pay £27+Vat for this, so don't forget!

    The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the time-frame stipulated above.

    Yours Faithfully

    Your name (printed)
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Hoster
    Hoster Posts: 18 Forumite
    Tenth Anniversary Combo Breaker
    I just got an error message telling me that I cannot post links because i'm a new user,

    So I've removed the http: from the front of the url and replaced the . with the word dot

    //i121.photobucketdotcom/albums/o233/trade-surplus/PE_PCN_redacted.jpg

    Sorry for the inconvenience!
  • Hoster
    Hoster Posts: 18 Forumite
    Tenth Anniversary Combo Breaker
    Thanks for the advice Stroma!
  • Umkomaas
    Umkomaas Posts: 43,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    http://s121.photobucket.com/user/trade-surplus/media/PE_PCN_redacted.jpg.html

    Looks cut and dried for me - OOT (out of time) - over to Stroma!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • WebDev
    WebDev Posts: 7 Forumite
    edited 3 July 2013 at 12:03AM
    Hoster wrote: »
    Hi first time poster here,

    Yesterday I got a PCN from PE because I overstayed in a carpark by about 45 minuets (It was a car park at a retail park that allows 3 hours of free parking)


    The incident happened on the 23rd March 2013 but the invoice wasn't issued until the 28th June. ...
    Similar happened to me. Whomever used my car, parked 11 May 2013 & overstayed by 10 mins, first correspondence (notice to keeper) received same day as yours. I wonder if they have been trying to catch up on a backlog?
  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would send Broadsword's suggested letters as shown here in pepipoo:

    http://forums.pepipoo.com/index.php?showtopic=80531

    We really must fight back more than we currently do, and these sort of direct complaints are the way forward IMHO.

    Also copy in the BPA to this complaint as explained here, to try to get sanction points against the firm:

    http://parking-prankster.blogspot.co.uk/


    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Well you've just identified yourself on a public forum with that scan. Parking Eye who very closely monitor this forum now know exactly who you are, and what advice you are getting.

    So to save the cost of stamp, parking eye please cancel this invoice now, you know you ain't got a chance as you are weeks out of time with this, you will lose at popla and you'd be mad to try this at the small claims.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Hoster
    Hoster Posts: 18 Forumite
    Tenth Anniversary Combo Breaker
    i121.photobucketdotcom/albums/o233/trade-surplus/PE_round2-1_Redacted.jpg

    (Again, as a new user I'm not allowed to post links so I have replaced the . in the .com with the word dot)

    Here is the first page (redacted) of the letter they sent me - I've been accused of making 'generic queries' and yet the letter they sent me is addressed Dear Sir/Madam. Pot, kettle, black etc.

    They sent me a POPLA form - I'm going to rehash the argument I put forth in the initial appeal: it's out of time, goes against paragraph 9.4 of the PoFA etc. Is this the way to go or do we adopt a different strategy for POPLA?

    Thanks and kind regards,
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Hoster wrote: »

    http://i121.photobucket.com/albums/o233/trade-surplus/PE_round2-1_Redacted.jpg

    (Again, as a new user I'm not allowed to post links so I have replaced the . in the .com with the word dot)

    Here is the first page (redacted) of the letter they sent me - I've been accused of making 'generic queries' and yet the letter they sent me is addressed Dear Sir/Madam. Pot, kettle, black etc.

    They sent me a POPLA form - I'm going to rehash the argument I put forth in the initial appeal: it's out of time, goes against paragraph 9.4 of the PoFA etc. Is this the way to go or do we adopt a different strategy for POPLA?

    Thanks and kind regards,

    Yep welcome to the twisted world of parking eye, they have the audacity to accuse you of making a generic appeal, but they do exactly the same about 680k a year

    Anyway you have a good start, read around for popla appeal wording there is loads on the forum. Don't submit anything until we have a look at it
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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