Parking Eye Parking Charge Notice

Geronimo7

I've been reading a lot of stories on this forum, and have found it very interesting and helpful.

3 weeks ago I got one of these Parking charge notices through the post. I haven't done anything about it yet, and was hoping for some advice.

I was driving on a motorway late back from work and became too tired to drive. Decided to pull over at a services, and fell asleep for 5/6 hours. This was not my intention but it was what happened, and for the safety of myself and other drivers I'm glad I did this. I saw no signs and was unaware that I was supposed to pay for this. It was around 3am, and the services were empty and very quiet.

A week or so later got this parking charge notice (not penalty charge notice) for £100 or £60 if I paid within 14 days, which I haven't paid, so I now owe £100 and I feel it is just morally wrong. Anyway, I read loads of posts, and decided to do nothing so far. I have 2 more days before my time is up, and I'm just starting to worry...a bit.
Any advice? Should I appeal?
I didn't buy a ticket so I suppose I'm in the wrong, but if this is infact an illegal fine by 'Parking Eye' then I don't want to pay it as I'm sick of of being ripped off.

Guys_Dad

If, as you say, you have read a lot of threads on here, then why, with all due respect, are you asking "Any advice? Should I appeal? "

You know the collective answer.

Well, Parking Eye are issuing Court Papers like they are going out of fashion, so you would be likely to get one eventually if you do nothing.

So the question is "What should I write in my appeal?"

At this stage you simply appeal with a soft appeal. The original soft appeals suggested by us are getting rejected without a POPLA Code being issued, so you need an appeal that gets you a POPLA appeal or the charges cancelled.

I would send in the following.

" The keeper has noted your letter of xx/xx/xxxx. On the night in question, the driver felt unwell and pulled into the service station in question.

Being sick and unfit to drive, he rested until he recovered. To do otherwise would have been illegal as one should not drive when impaired medically.

Upon returning to the service station, the driver believes that the signs on entry, at speeds leaving the motorway, are not sufficiently large or well lit to enable a driver, particularly a tired sick one, to absorb the content and, therefore, make a contract with yourselves. You will also be aware that each service station has its own terms and conditions which vary substantially.

As a result, the keeper requests, on behalf of the driver, that you cancel this charge or, failing that, issue the keeper witha POPLA code in order that the charge may be challenged.

Yours faithfully,"

Geronimo7

So, I took your advice and this is what has come back. Not sure how to move forward with this.

Dear Sir Madam,

Thank you for your correspondence.

we are writing to advise you that your recent appeal has been referred for further information.

You have stated you were not the driver of the vehicle at the date and time of the breach of terms and conditions of the car park, but you've not indicated who was.

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the drivers name or current postal address, if you were not the driver at the time, you should tell us the name and the current address.

You are warned that if, after 29 days from the date given, the Parking Charge is not payed in full, and we do not know the name or address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the protection of Freedoms Act 2012, and is subject to our complying with the applicable conditions under schedule 4 of that Act.

So there you go, no popla verification code. What should I do next?
Thanks.

Coupon-mad

How about this, nice and jokey but all true:


'Dear Parking Eye Team,

RE MY APPEAL REGARDING FAKE PCN NO XXXXXXXX
Hope you are enjoying the forum threads about you, must make you all feel big and special. Shame it will soon cause you to lose contracts but that's what happens when a mere agent gets aggressive with customers. Do me a favour and stop wasting my time with template delaying tactics pretending you can forget the need to send a rejection letter by begging for the name & address of the driver. I do not have to name the driver and I am perfectly entitled to my POPLA appeal stage as I am the registered keeper. There is nothing about my case that would allow you to take more than 35 days to actually cough up my POPLA code in my circumstances.

I am aware that Parking Eye persuaded the BPA to let you faff about for longer than 35 days without rejecting an appeal - but only under exceptional circumstances. Your choice to send a template stalling response in my case is laughable and will be reported to the BPA and the DVLA and indeed drawn to the attention of the POPLA Chief Adjudicator, as yet more sharp practice and a breach of the current BPA CoP.

As the registered keeper I will remind you once again of my perfectly clear challenge, copied again below in case you have lost it in your haste to press that button for the 'PE special' template rejection EYE01 'faffing about with no POPLA code' response.

My appeal, final reminder for POPLA code!
On the night in question, the driver felt unwell and pulled into the service station in question.

Being sick and unfit to drive, he rested until he recovered. To do otherwise would have been illegal as one should not drive when impaired medically.

Upon returning to the service station, the driver believes that the signs on entry, at speeds leaving the motorway, are not sufficiently large or well lit to enable a driver, particularly a tired sick one, to absorb the content and, therefore, make a contract with yourselves. You will also be aware that each service station has its own terms and conditions which vary substantially.

As a result, the keeper requests, on behalf of the driver, that you cancel this charge or, failing that, issue the keeper with a POPLA code in order that the charge may be challenged.

I would also add that in a Motorway Service Area there are certain government-imposed rules about all traffic signs. If you don't know what a TRSGD-compliant traffic sign is - not to mention a BPA CoP-compliant sign - then I will explain it further at POPLA stage along with all the usual arguments.

You and I both know Parking Eye have made no 'loss' by a driver being taken ill in a Motorway Services car park. You may as well cancel your fake PCN.

(up) yours,

THE KEEPER'

Guys_Dad

I would refer them to the BPA Code of Practice section 22.4 that clearly specifies that the keeper has equal appeal rights as the driver and should be treated the same.

Under these circumstances no further information is needed so please decide your actions on my previous letter.

Coupon-mad

Guys_Dad wrote: »

I would refer them to the BPA Code of Practice section 22.4 that clearly specifies that the keeper has equal appeal rights as the driver and should be treated the same.

Under these circumstances no further information is needed so please decide your actions on my previous letter.

Yep, that would be less rude than my version!

Geronimo7

Okay so I've followed the advice, and I got the form, so how do I proceed with the POPLA challenge. Shall I repeat what i said in the appeal to Parking Eye, or is there a specific approach to appealing to POPLA. Thanks.

Coupon-mad

There is a pattern to a winning POPLA appeal, yes, and it's NOT the same as you sent before:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

and read the 'POPLA decisions' thread at the top of the parking forum but start at the END of it...work backwards on that thread seeing how easy it is to beat Parking Eye and what the winning points are, time and time again!

zzzLazyDaisy

Also please report PE to BPA and DVLA for unlawfully obstructing your right as registered keeper to appeal and for demanding that you name the driver and ask them to investigate this practice. Enclose a copy of that letter from PE with your complaint.

Steve.C@britishparking.co.uk
elizabeth.symonds@dvla.gsi.gov.uk

Umkomaas

Geronimo7 wrote: »

Okay so I've followed the advice, and I got the form, so how do I proceed with the POPLA challenge. Shall I repeat what i said in the appeal to Parking Eye, or is there a specific approach to appealing to POPLA. Thanks.

I thought you said you'd been doing a lot of reading on this?

You will definitely have to do a lot more now to produce a credible POPLA appeal.