Naming the driver - Parking Eye

PikaPorker

Hi,

Advice needed please.

My car is registered to my father. A few months ago I overstayed in a Parking Eye controlled car park. My father received the usual letter which I told him to ignore. He has since received another with the headline LETTER BEFORE ACTION and it states it will issue court proceedings unless the sum of £100.00 is paid. But after doing some reading here about this particular company. Should I write to Parking Eye telling them I'm the driver and they should deal with me? I'm a tad wary about ignoring them now.

So would you advise me to own up to being the driver so I can appeal to them (and get rejected) obtain the POPLA number for an appeal and go from there?

Stroma

Write this to them to reset the clock and get a popla code


Name
Address

Date
Ref


Dear Parking Eye


In reference to your letter dated xxxxx, as the registered keeper I'm informing you that I wasn't the driver on the day that the vehicle was parked at xxxxx car park.

The name and address of the person who was responsible for the vehicle is:

Name
Address

The matter is now closed as I have given a serviceable name and address in line with the Protection of Freedoms Act 2012. Also any spurious claims in my name will be fully defended, and a copy of this letter will be used in defence


Sincerely

Your name (printed)

Coupon-mad

Yep, DO NOT write it in your name saying you were driving, do as Stroma says and write it as if from your Dad, naming the driver. So in fact it's not signed off with 'Your name (printed)' it has to be from YOUR DAD'S NAME.

Then when you get a Notice to Driver in the post you can appeal. If you do it your way an 'own up' you will NOT get sent a Notice to Driver (only a rejection with no POPLA at all as you'd be too late!!) so you need to stay out of it until you do get the first Notice in your name.

PikaPorker

OK, chaps.

I sent the letter in as advised signed off by my father.

Last week I received PCN from Parking Eye addressed to me at my home address. So do I now respond with the below appeal which I've cut and pasted from another post? I've deleted point number 5.

Dear Parking Eye
Re PCN

I have just received your Parking Charge Notice dated .... and deny any liability for this unlawful penalty.

As you are aware it is necessary for both parties in any dispute to exhaust all possibilities of resolution prior to the commencement of court proceedings . I suggest that you issue me with a POPLA verification code for me to refer the matter for independent adjudication . In addition I require

1. The name and address of the party who contracted with Parking Eye for the provision of their services
2. The name and address of the landowner if different from 1
3. An itemised breakdown of your losses as a result of this parking incident
4. An itemised breakdown of the landowner's losses as a result of this incident
5. An explanation of how the requirements of schedule 4 of POFA making the keeper liable have been satisfied.

Alternatively you could simply cancel the charge .

Kind regards

Stroma

So now there are two tickets yes ?

nigelbb

Hang on. You just said that your received a PCN in your name but you proposed reply is as though they had sent you an LBA. If it was indeed a PCN there should be details of the appeals process including to POPLA if PE reject your appeal.

PikaPorker

Stroma, I have been sent a Parking Charge Notice for £100 for the original overstay. This has been sent to named and addressed to me after a letter was sent from my father naming me as the driver at the time. Only this letter from them addressed to me so far.

Nigelbb, sorry, I think I may have panicked and jumped the gun. I'm getting a bit stressed at work and don't have much time to read the posts thoroughly. I take it that response is for a later letter from PE?

bazster

If you follow our advice you will never get a Letter Before Action, this will be killed off at POPLA!

What you do now is write back stating that you don't wish to pay the charge as you think it is a ridiculous sum for a short overstay and you don't see how it can possibly have cost them £100 (or indeed anything). You'd like them to now cancel the charge, but if they refuse would they send you a code so you can appeal to POPLA.

Incidentally, you never said what sort of car park this is. If it's a supermarket or some other retailer, demand to see the manager and demand that the charge be cancelled.

PikaPorker

bazster wrote: »

If you follow our advice you will never get a Letter Before Action, this will be killed off at POPLA!

Yes, just need some guidance in what to write in my response (appeal) to PE after their initial PCN.

bazster

PikaPorker wrote: »

Yes, just need some guidance in what to write in my response (appeal) to PE after their initial PCN.

See my edited post above

PikaPorker

bazster wrote: »

See my edited post above

Thanks! Will do.

The car park was in a motorway service station a fair drive from where I live. It would cost me £100 in petrol to get there to see the manager