Parking Eye - incorrect name on "invoice"

shuttleworth96

Another Parking Eye query!

"Invoice" received but with incorrect keepers name i.e. keepers first name and middle name only (no surname) . What difference does this make?

Also is it to late to appeal if the 28 days have passed?

Thank you in advance

Stroma

A few quick questions

1) is this england or wales?
2) did you get the notice to keeper within 14 days?
3) are you over 18?
4) are you the registered keeper?
5) have you contacted the parking company?

thanks

Guys_Dad

zzzlazydaisy is better placed to advise, but if the NtK is in the wrong name, and all correspondence is in that name, then if it went to court, I believe that it would be chucked out as the named person does not exist.

Stroma

That may not happen Guys Dad, it depends what it says on the log book for the vehicle, if it on there wrongly then the parking company cannot probably be held on that.

But saying that if this person replies in their full name then quite possibly the parking company will update the details.

zzzLazyDaisy

Guys_Dad wrote: »

zzzlazydaisy is better placed to advise, but if the NtK is in the wrong name, and all correspondence is in that name, then if it went to court, I believe that it would be chucked out as the named person does not exist.

Personally I wouldn't rely on the court taking that approach. If the recipient is in fact the RK, and if s/he did in fact receive the letters despite the surname being missing, then if it did get to court there is a high possibility that, at the hearing an application for leave to amend the defendants name would be granted, on the basis that it was a mere administrative error and granting the application would not have any adverse effect on the administration of justice.

I agree such an approach might not meet anyone's view of fairness or common sense, but it is an approach that judges do sometimes take (and anyway even if the case then goes against the defendant, who is going to spend thousands of pounds appealing this point?)

However, if the 28 days has passed, you can always send it back with a copy of the log book showing the correct name, and point out that this PCN has only just come to your attention
owing to the fact that it was incorrectly addressed and ask them to either cancel it or re-issue it in the correct name, as you have genuine grounds for appealing the charge. If they re-issue it, that will re-start the POPLA clock and you can then appeal.

If they refuse then you write back with a formal complaint about how they have denied you the right of appeal and the possibility of referring the matter to POPLA which is the appropriate form of ADR set up by the parking industry to deal with these complaints, and should this matter proceed to litigation at some point in the future you will be raising this matter with the court in the strongest possible terms. Which could be a useful piece of evidence should the case ever go to court.


D

shuttleworth96

Thank you for your replies.

Stroma

1 . England
2. Yes
3. Yes
4. Yes
5. No

zzzLazyDaisy

Also, what was the car park connected with (retail park / retailer / hospital etc)?

shuttleworth96

The car park is a pub car park.

Stroma

Okay you need to make an appeal to parking eye, just do it on mitigating circumstances, like you didn't see the signs, you were a patron at the pub, they didn't give a grace period to leave, or the loss they are claiming far exceeds any possible loss.

Once they turn that down they should give you a code to use at popla, there we can help you get this cancelled completely, we win 100% of the time if people follow our advice.

Have you complained to the pub yet? Is it a national chain? Complain at their head office and Facebook presence as well if so