Parking Eye ticket Home Bargains

loulix45

nigelbb wrote: »

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/

I have just read the article you provided through the link, thank you. Although I have genuinely received this just today, how can I prove it?

Stroma

By the envelope, what is the date on it?

loulix45

Stroma wrote: »

By the envelope, what is the date on it?

Gosh, just rescued that from the recycling! No post mark - just a UKMail mark along with delivered by Royal Mail

loulix45

Interestingly, I've just been on the UK Mail website and they state that all post is delivered the next WORKING day which means it was sent yesterday and would never have arrived within the 14 day time allowance. I could theoretically say I received it on Monday 14th as that would be the next working day!

Stroma

It doesn't really matter, they are out of time, they are trying to circumvent pofa 2012 with this, a long track record of doing such stuff. You could ask the dvla when they released your information to them.

loulix45

Stroma wrote: »

It doesn't really matter, they are out of time, they are trying to circumvent pofa 2012 with this, a long track record of doing such stuff. You could ask the dvla when they released your information to them.

With this in mind how do suggest I word my first letter to them? Thank you all so much for your advice!

zzzLazyDaisy

Tip, if you ASK DVLA for this information you will be asked to pay £5 but if you COMPLAIN about the PPC obtaining RK details outside the time frame set by POFA 2012 you will be given the result of their investigation for free

david.dunford@dvla.gsi.gov.uk

Re appeal to PPC, try this

NAME
ADDRESS

DATE

Dear Sirs

PCN Number xxxxx
Vehicle Reg Number xxxx

I am the registered keeper of the above vehicle.

I wish to appeal against the parking charge on the following grounds:

1 The Notice to Keeper is invalid as it arrived through the post today, some 17 days after the alleged parking event. It therefore does not comply with PoFA 2012 and as such your company has forfeited the right to enforce this charge against me as the registered keeper; and

2 The sum claimed is not a 'genuine pre-estimate of loss' in any way, shape, or form.

In the circumstances I expect you to cancel this charge. If you refuse to do so, then you must send me a verification code in order for me to appeal to POPLA (which will mean you throwing away £27 + vat, as you and I both know that POPLA will uphold my appeal).

Yours faithfully

PRINT NAME

Coupon-mad

loulix45 wrote: »

With this in mind how do suggest I word my first letter to them? Thank you all so much for your advice!

You don't need to do any letter, just appeal online (as shown on the PCN) giving a generic email address specially for this purpose - set up a Hotmail address if you don't want them replying on your normal one. It takes 20 mins and is not daunting at all.

Another version, similar to the above:

''Dear PE,
Your Notice to Keeper has arrived today, 12th October and I have kept the envelope which, being delivered by 'UK Mail' tells me that you posted it on Friday 11th October. This means you have failed to establish keeper liability. By law, under POFA 2012, as you know you are required to serve a Notice to Keeper within 14 days of the incident.

The details of the driver will not be provided and in any case I know that your charges fail to meet the BPA code of practice requirement of being a 'genuine pre-estimate of loss'.

The driver was shopping in Home Bargains that day and I attach a copy of the receipt {if you have it, if not then just leave this sentence out}.

If you disagree, send me my POPLA code.''


As I say, don't waste a stamp on them - do it online. Also complain to the Store Manager over the phone on Monday morning, if you were shopping there too.

Then if you do get a POPLA code, come back for advice.

loulix45

Just to let you all know I have appealed online and will update you all when something happens. Thank you all for your advice and taking the time to help. No doubt I will be back for more once the POPLA code comes through!
I'm going to email the DVLA now too to see if they come up with anything. Fingers crossed folks!

loulix45

Hi folks, just thought I'd show you the response I received today from the DVLA after I emailed COMPLAINING that I thought PE had obtained my details outside of the legal time frame....for free! Thanks for the tip zzzLazyDaisy

Thank you for your email regarding the release of information from the records held at DVLA.

Having checked the records held at DVLA, I can confirm that ParkingEye submitted a request to obtain the keeper details of this vehicle on the 30th September 2013. If you feel that your details have been used outside the time frames set by POFA 2012, please clearly explain the circumstances to allow further investigation to take place.

Kind regards

David Dunford

So, as you can see, they were well within the allowed time frame which begs the question as to why it took so long for me to receive the NTK (12th)??!