Received letter before action from parking eye Recorded Delivery

Umkomaas

You are referring to 'the driver' throughout the appeal. Are PE pursuing you as the driver or the Registered Keeper. If it is as the RK you need to take every 'driver' out of the appeal and replace with 'RK'.

I'm not sure why you are asking PE to confirm whether they are paid by the landowner for signs?

In your first appeal point about pre-estimate of loss, you have not asked that PE produce this to POPLA. As this is the current PE-slayer you must make a specific request that POPLA require a full breakdown of loss from PE for them to be able to justify the £100 charge.

A final point. Personally, I'm not overly keen on the cross references to legal cases. I'm not sure it adds anything to the picture and does make lots of POPLA appeals look very templated. Just my own preference I guess.

Other than that, from my side of things, it looks ready to go.

Not sure what your deadline date is, and I know you're wanting to send it off today, but if you've got another 24 hours spare, leave it so that others have a chance to comment.

Well done on your research work and getting a comprehensive appeal together. I expect POPLA will deliver you a nice Christmas present (or maybe an Easter one) - big backlogs, makes the M25 look like a country lane :rotfl:

Willyoulearn

Thanks Ukomas for your comments.

As I mentioned In a previous post, the original PCN was issued to my daughter, the RK. I then wrote to PE naming myself as the driver and they re-issued the the PCN to me. However, when I (the driver) wrote requesting a POPLA code, they sent the code to my daughter the RK.

I have put both our names on the POPLA form, as suggested by Coupon-mad.

Coupon-mad

Willyoulearn wrote: »

Thanks Ukomas for your comments.

As I mentioned In a previous post, the original PCN was issued to my daughter, the RK. I then wrote to PE naming myself as the driver and they re-issued the the PCN to me. However, when I (the driver) wrote requesting a POPLA code, they sent the code to my daughter the RK.

I have put both our names on the POPLA form, as suggested by Coupon-mad.

I think I would add a final short paragraph explaining this then (seeing as they have all your details already it's not giving PE any info they don't have already). You can state that it's actually illegal to pursue the registered keeper, when the Operator has a confirmed name and serviceable address from the driver - and so they had no business writing to the rk again on xx/xx/13. This was a specific breach of the POFA 2012 and is also misleading and an unfair business practice. As such, neither of you can now be sure which of you PE are thinking they are holding 'liable' nor whose name they might be trying to match up with the POPLA code, so for the avoidance of doubt you've both signed below.

Willyoulearn

Thanks Coupon-mad, I have added a paragraph explaining the situation.

I will be checking this forum to see how everyone gets on with their appeals, hopefully the law will change with regards to PPC's, the sooner the better!

Willyoulearn

I am amazed and confused.

My daughter has just opened a letter, it was from Parking eye, it says:

"We refer to the Parking Charge incurred on xxxxx at xxxxx at xxxxxx car park.

We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account."

My daughter received the original PCN as the RK, I identified myself to PE as the driver and they re-issued the PCN to me. I appealed requesting POPLA code. POPLA code was sent to my daughter (should have been sent to me). Appealed to POPLA in my daughters name (as code was issued to her) including paragraph explaining situation and again naming myself as driver.

Can I assume charge has been cancelled in its entirety, or can I expect more correspondence from PE as they are cleary dazed and confused!

Will POPLA appeal still go ahead or will PE cancel that as well.

Comments appreciated.

Umkomaas

I'm puzzled too. Maybe they were tidying up the paperwork regarding their pursuit of your daughter as the RK, as her charge would be cancelled. The big question is whether it's part of their process in now chasing you.

I guess there's no real way of knowing other than phoning PE and that might just trigger an interest that is possibly not there currently. As they say 'Let sleeping dogs lie'

Time will tell, and as far as POPLA is concerned, I'd just let that run and see what transpires.

Willyoulearn

Thanks Umkomaas

I (the driver) have had no correspondence from PE since the re-issued PCN. I will definitely be letting sleeping dogs lie, as you say. I have followed all necessary procedures and have copies of all correspondence, so I think I have everything covered.

I imagine PE's administrative costs must be adding up.

zzzLazyDaisy

Umkomaas wrote: »

I'm puzzled too. Maybe they were tidying up the paperwork regarding their pursuit of your daughter as the RK, as her charge would be cancelled. .

I am willing to believe that PE could be stupid enough to do that.

But in reality there is only ONE charge - the question is whether they are attempting to enforce that charge against the RK or the Driver.

So it would be reasonable to write to RK to say that they will take no further steps to enforce the parking charge against the RK (though that is a courtesy above and beyond normal PPC procedure as far as I am aware!) but if they actually said the CHARGE is cancelled, then there is nothing left to enforce against the driver.

Sorry! I am a pedant!

Stroma

Wonder what they would do if he denies being the driver? And the RK was responsible for the vehicle ? Just idle thinking lol

Coupon-mad

Willyoulearn wrote: »

I am amazed and confused.

My daughter has just opened a letter, it was from Parking eye, it says:

"We refer to the Parking Charge incurred on xxxxx at xxxxx at xxxxxx car park.

We can confirm that this Charge has been cancelled and there is no outstanding payment due on this account."

My daughter received the original PCN as the RK, I identified myself to PE as the driver and they re-issued the PCN to me. I appealed requesting POPLA code. POPLA code was sent to my daughter (should have been sent to me). Appealed to POPLA in my daughters name (as code was issued to her) including paragraph explaining situation and again naming myself as driver.

Can I assume charge has been cancelled in its entirety, or can I expect more correspondence from PE as they are cleary dazed and confused!

Will POPLA appeal still go ahead or will PE cancel that as well.

Comments appreciated.

As Daisy says, that's clearly a cancelled charge. End of scam. :T

I reckon they saw your solid POPLA appeal, knew it was one they would lose and decided to bail out. Maybe they saved the POPLA fee by doing so straight away. I would like to think this helped to focus their tiny minds:

Coupon-mad wrote: »

I think I would add a final short paragraph explaining this then (seeing as they have all your details already it's not giving PE any info they don't have already). You can state that it's actually illegal to pursue the registered keeper, when the Operator has a confirmed name and serviceable address from the driver - and so they had no business writing to the rk again on xx/xx/13. This was a specific breach of the POFA 2012 and is also misleading and an unfair business practice. As such, neither of you can now be sure which of you PE are thinking they are holding 'liable' nor whose name they might be trying to match up with the POPLA code, so for the avoidance of doubt you've both signed below.