Parking Eye ticket Home Bargains

loulix45

Hi all,

I've received a parking charge notice today for £85 from Parking Eye as I overstayed by 29 minutes. I have a question for all you very knowledgable people and would be very grateful for some advice! I received it today 12/10/2013 and the event took place on the 25/09/21013 - shouldn't I have received the notice within 14 days? Does this give me a leg to stand on with an appeal?

I have no defence really other than I was visiting family and the last time I went to this particular store they didn't have this system and so I presumed it was just the same.

Thank you in advance for any replies.

zzzLazyDaisy

Was this a windscreen ticket followed by a NtK, or an APNR PCN (with photos of the car entering and leaving?

Is the RK or car park in Scotland or NI?

Umkomaas

loulix45 wrote: »

Hi all,

I've received a parking charge notice today for £85 from Parking Eye as I overstayed by 29 minutes. I have a question for all you very knowledgable people and would be very grateful for some advice! I received it today 12/10/2013 and the event took place on the 25/09/21013 - shouldn't I have received the notice within 14 days? Does this give me a leg to stand on with an appeal?

I have no defence really other than I was visiting family and the last time I went to this particular store they didn't have this system and so I presumed it was just the same.

Thank you in advance for any replies.

What date has PE put on the letter? Service is deemed to have been effected 2 days from that date.

loulix45

Hello and thank you for your super quick reply! It was in Wales and an APNR PCN. I was actually parked next to a car exactly the same as mine - colour and everything and have double checked the registration just to make sure!!

loulix45

Hi, it's the 01/10/2013 but that's 6 days later!

esmerobbo

Hmm home and bargain in Wales!

Loulix45 you have a PM.

Umkomaas

loulix45 wrote: »

Hi, it's the 01/10/2013 but that's 6 days later!

Yes, ParkingEye and most other PPCs have electronic access to the DVLA database and can instantly acquire your details (they pay the DVLA £2.50 a pop and the DVLA earns millions each year from supplying them with your personal data).

You now need to be aware of how all this stuff works. I've prepared a walk-through of the process, one I did some weeks ago to save me having to type it out every time I answered a query on how to challenge a parking charge. Most of it will apply to your case. Work through it, if you need anything explaining that you're not sure of after reading and following the processes, get back to us on this thread.

A WALK THROUGH THE PROCESS

Firstly, you don't have to pay the charge, it is not a fine, it is not a penalty, it is a speculative invoice from a Private Parking Company that has no statutory authority. However, you will need to go through a few hoops to get rid of it.

The first thing you MUST do is to start to understand what all this stuff is about. The only way to do this is to spend a day or so reading this forum - the most recent threads, say from the past month. If you see the advice 'IGNORE' you MUST ignore it. Ignoring a Parking Charge Notice will bring you months of fun and games that I can assure you, you don't want to be dealing with.

In a nutshell this is the process you will need to follow.

1. Read recent threads.

2. If the parking incident was at a retail park/shop go back to the store the Parking Charge Notice relates to and see THE manager, complain about a genuine customer being harassed and ask that they cancel the ticket. Show him/her any receipts for the day in question. If they are unable to do this ask for the name and address of the MD/CEO, as you will now write to them (and DO it!).

3. If it was a general car parking facility you need to find out who the landowner is (Google search) and send off a letter of complaint to them.

4. If you have receipts for the day (or bank/credit card statements) proving purchases, send (redacted) copies of them to PPC with covering letter stating you were a customer on the day, and shopping at their principal's establishment was the only cause of any overstay.

5. If 2, 3 or 4 above don't work, then you're into the more formal stuff.

6. If it was a windscreen ticket, do not contact the PPC at this point, you must wait for the 'Notice to Keeper' (NtK) to arrive. This should be no sooner than 28 days after the incident and no later than 56 days after it. Theses dates are very important, and you must retain all tickets and letters you receive.

7. If it was an ANPR camera incident and the first correspondence you've received is the NtK, this needs to be received within 14 days of the incident; as above, dates very important, retain all paperwork.

8. Once you receive the NtK the process below will need to be followed.

9. Soft appeal to the PPC (you'll understand this when you start reading the threads).

10. Likely rejection, so in your soft appeal you ask that a POPLA code be given to you if your soft appeal is rejected.

11. Lots more reading about POPLA Appeals (read the 'sticky' at the top of the forum index 'POPLA Decision', especially the last couple of months' reports of victories - it will give you a good idea of which points win at POPLA).

12. Draft POPLA Appeal and let us see it for further advice before submission.

13. Send to POPLA.

14. Await POPLA (positive) result with PCN cancelled - we're running at 100% success rate on the forum. A POPLA decision is binding on the PPC, but (in the event of an unlikely loss), not binding on you.

---

Please confirm a couple of things (if they are not already contained in your opening post)

a. Was the incident, and do you live, in England or Wales?
b. Is the car a lease/hire or company vehicle (important as the process will be slightly different and you will need to act quickly)?
c. Are you under 18?

---

Now - final, but IMPORTANT points.

* Never say who might or might not have been the driver on the day - there is no obligation on you to do so (some PPCs will ask you to name the driver/motorist before they can deal with your appeal - DO NOT comply with their wishes). In any correspondence with the PPC, always refer to the driver in the third person, never say 'I didn't see the signs' or 'my wife didn't see the signs', you say 'the driver didn't see the signs'.

* Always be aware of any deadlines, PPCs impose them (but most of these are challengeable), but if they are reasonable do keep to them. The important one is the POPLA deadline - strictly 28 days from the date the rejection letter containing the POPLA verification code is sent to you by the PPC. Miss it and you miss the one golden opportunity you have to totally kill this charge. I cannot stress that enough.

Sorry this is a bit long, but it does more or less cover most bases.

loulix45

Wow, thank you for that. It all seems very daunting.....I cannot go back to the shop as I live 175 miles away and I have no proof that I bought anything as I had a wander round and only bought some sweets and a drink - cash!
I suppose my biggest defence would be the fact that I received the notice 17 days after the incident?

esmerobbo

loulix45 wrote: »

Wow, thank you for that. It all seems very daunting.....I cannot go back to the shop as I live 175 miles away and I have no proof that I bought anything as I had a wander round and only bought some sweets and a drink - cash!
I suppose my biggest defence would be the fact that I received the notice 17 days after the incident?

That and the charge made having no bearing on any loss caused.

Stroma

No your biggest defence is that the pre estimate of loss is nowhere near what they are saying at popla. You don't live in Scotland by any chance do you?

nigelbb

loulix45 wrote: »

Wow, thank you for that. It all seems very daunting.....I cannot go back to the shop as I live 175 miles away and I have no proof that I bought anything as I had a wander round and only bought some sweets and a drink - cash!
I suppose my biggest defence would be the fact that I received the notice 17 days after the incident?

They can only chase the keeper of the vehicle if they don't know the name of the driver (which they cannot know unless you tell them) & jump through a variety of other hoops including delivering the Notice To Keeper with 14 days of the parking 'crime'. This they have failed to do so now they can only chase the driver whose identity they cannot know unless you tell them (BTW don't tell them).

See here for details of what they must do to pursue the vehicle keeper (but haven't) http://www.parkingcowboys.co.uk/keeper-liability/