Parking Eye Fine - Fistral Beach

siross

Hi all,

I've had another letter from PE which is 99% the same as the last one, basically stating that I've said I'm not driving but I should tell them who is blah blah. The only difference is the third paragraph which originally read:

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

Now reads:

"You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park and you have indicated that you do not know who was."

Is this another automated letter that's been crossed with my further correspondence? I'm worried that this is in light of my most recent correspondence because they've put the charge on hold for another 14 days...

Simon

kirkbyinfurnesslad_2

Personally I would change tact, do another appeal just in order to get the popla code.

I can't see the value personally in not naming the driver these days under pofa, it makes it quicker to get the code . We know how to win at popla so why go through this merry dance

hoohoo

siross wrote: »

Hi all,

I've had another letter from PE which is 99% the same as the last one, basically stating that I've said I'm not driving but I should tell them who is blah blah. The only difference is the third paragraph which originally read:

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

Now reads:

"You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park and you have indicated that you do not know who was."

Is this another automated letter that's been crossed with my further correspondence? I'm worried that this is in light of my most recent correspondence because they've put the charge on hold for another 14 days...

Simon

By this time I would think that PE would get the point. Reply that you will not be entering into further correspondence. PE have 14 days to either uphold your appeal or provide a POPLA code. If any other letter arrives or they do not reply within 14 days you will make a complaint to the DVLA and BPA that they are needlessly procrastinating.

bod1467

Surely such a complaint should already have been made?

siross

I was wondering whether they were procrastinating or whether this was just another automated letter that had crossed my correspondence. My second correspondence to them was as follows:

I find your response unjustified, unhelpful and misleading, your letter says 'if you were not the driver at the time, you should tell us the name and current postal address' which misstates the position as a parking company is only allowed to 'invite' a registered keeper to name the driver. There is no 'should' about it, I am certainly not obliged to name the driver and as keeper I am perfectly entitled to my POPLA code, so send it by return or cancel this charge without further stalling.

I also note that you have completely failed to address the appeal point raised. I remind you that in my challenge I stated “The Registered Keeper denies any liability for the parking charge incurred as on the day in question the driver did not see any signage upon entering the car park due to insufficient lighting. Therefore no contract was formed between the driver and Parking Eye.

Please therefore cancel the aforementioned charge forthwith or supply a POPLA code for appeal whereupon further appeal points will also be added including the charge being an unenforceable penalty due as it fails to redress any genuine pre-estimate of loss incurred by the alleged breach"

If you are unwilling to accept this appeal point and cancel the ticket, then please send me a POPLA code

4consumerrights

Siross - they are definitely procrastinating!

Have you not reported this to the BPA and DVLA yet - contact details in Newbies sticky thread.

Send another message to Parking Eye:

Dear Sirs,

I find your continual correspondence a deliberate attempt to avoid providing me with a POPLA code for appeal.

You are refusing to accept my appeal as Registered Keeper which under the BPA CoP which should abide by, I am perfectly within my rights to challenge this parking charge as keeper and both BPA and POFA only invite the Keeper to name the driver.

This appeal against liability was originally made on the 7th November and now nearly a month later you are still refusing to supply the POPLA code. Further formal complaints about non-compliance are now being made to BPA and DVLA and I suggest that you cancel this charge immediately to avoid further embarassment.

I now consider your actions also to be a form of harassment when you are apparently denying my legal rights to the full appeals process allowed. I am now calculating my claim for damages and should the POPLA code not be sent by return, then I shall pursue a claim against you directly.

Yours faithfully


name
Reg Keeper


Send by email.
and report everything with copy docs to the BPA etc.

Coupon-mad

Send the responses you have had, to the BPA and DVLA by email and ask 'how is this an example of 'driving up standards' in this shoddy industry when (in flagrant disregard to POPLA rules as recently reiterated in the POPLA newsletter) they are refusing to issue a POPLA code and just faffing about demanding to know who was driving when as keeper I am entitled to appeal and get a POPLA code with the first rejection. Mr Dunford do you agree with me that this is not acceptable; why should I write yet again to beg my POPLA code?'

...send it to Steve Clark of the BPA and David Dunford of the DVLA, email addies on the NEWBIES sticky thread.

Here's the POPLA newsletter if you want to quote it at them:

http://parking-prankster.blogspot.co.uk/2013/11/popla-november-2013-newsletter.html



HTH

nigelbb

4consumerrights wrote: »

I now consider your actions also to be a form of harassment when you are apparently denying my legal rights to the full appeals process allowed.

Sorry but that is ludicrously over the top as the motorist has no legal right to an appeal against a private parking ticket which is only a speculative invoice.

4consumerrights

Originally Posted by 4consumerrights
I now consider your actions also to be a form of harassment when you are apparently denying my legal rights to the full appeals process allowed.

nigelbb wrote: »

Sorry but that is ludicrously over the top as the motorist has no legal right to an appeal against a private parking ticket which is only a speculative invoice.

Yes it is a speculative invoice but I disagree with you regarding the legal right to challenge even so.

POFA 2012 legislation gave the legal right to pursue the registered keepers. One of the provisos was that there had to be an independent appeals service to appeal the charge. This is well documentated on the BPA website

http://www.britishparking.co.uk/Independent-Appeals-Service
and
http://www.britishparking.co.uk/Parking-on-private-land-FAQs

This OP is appealing as a registered keeper and is being obstructed by PE who are refusing to give the POPLA code to complete the appeals process open to him. Thus as the appeals process was conditional on POFA legislation his legal right to appeal is being hindered.



Otherwise we shall agree to disagree.:)

nigelbb

4consumerrights wrote: »

Yes it is a speculative invoice but I disagree with you regarding the legal right to challenge even so.

POFA 2012 legislation gave the legal right to pursue the registered keepers. One of the provisos was that there had to be an independent appeals service to appeal the charge. This is well documentated on the BPA website

http://www.britishparking.co.uk/Independent-Appeals-Service
and
http://www.britishparking.co.uk/Parking-on-private-land-FAQs

This OP is appealing as a registered keeper and is being obstructed by PE who are refusing to give the POPLA code to complete the appeals process open to him. Thus as the appeals process was conditional on POFA legislation his legal right to appeal is being hindered.



Otherwise we shall agree to disagree.:)

The story is that the government insisted on an independent appeals body as the price for limited keeper liability in POFA when clamping was outlawed but it was never enshrined in legislation. The only reference to an appeals process in POFA is that if there is one it must be described.

I am sorry but I think that it just weakens the argument to try & claim there is a legal right to an appeal when there is not.

It's far better to bang on about the real grounds i.e. an appeal to POLA is required by the BPA Ltd CoP & that adherence to the CoP is a condition of membership of the AOS & without that membership the DVLA will not sell the keeper details to the PPC.