Parking Eye Ticket Waterhead

Kyle83

Hi All

My predicament is I work for a coach company and was dropping off a a group at waterhead according to my job sheet and picking up 1h30 later a different group, however when i pulled in I dropped off unloaded and then after 15 mins the next group came out.
I loaded them and went. I was parked for about 35 mins and wasn't aware of any signs or the use of ANPR technology from parking eye having checked on google streetview there doesn''t appear to be any.

Anyway the ticket to keeper was issued i instructed my manager to ignore it he did and it went through to £175 and a court cost situation however he made me sign a piece of paper saying I would have the amount deducted from my wages if it went through to court. At the end the Owner/Director got involved and said no I either pay it or we will send them the driver details we will not goto court under any circumstances and will not risk a CCJ on the company understandably. I said well send the my details despite saying that there will be no CCJ and her ignorance rejecting that it is not a criminal matter and everyone saying there cant be a CCJ she abrubtly pointed out her authority and said send them my details.

Anyway the offence was on the 20th of September I recieved a letter dated the 9th December I was away in the US from the 6th till 12th the letter offered 5 days to pay at £60 or it goes up to £100 by the 14th so in effect i has 2 days the first time around when it was to keeper they gave 14 days grace can they alter it for a driver?

So now I am faced with the prospect of appealling but on here it says dont appeal as a driver only the keeper obviously if i ignore it it will go back to my boss but im under the impression this time they will pay it at 175 and just start taking it out of my wages what can I do as I know this illegal how should I fight this one.

All I want to do is get a POPLA code and fight it through that as i know it will get thrown out especially when i throw in EU drivers hours laws as well and I dont think it was my fault as i was told to park there. BTW the ticket was only for £1 originally to park but I didnt have any money on me.

Thanks very much
Kyle

bod1467

Read the NEWBIES sticky thread. You'll still have plenty of appeal points.

Appealing as keeper is easier, as additional appeal points are valid. But you'll still have enough to get this killed off ... for example No GPEoL (see the NEWBIES thread) probably still applies. Maybe also No Authority. (These 2 are the silver bullets that always win at POPLA).

PS - is Waterhead a Motorway Service Area (MSA)? If yes then search this forum (search is at the top-right) for MSA.

Redx

despite the post above I am a bit confused here

you are not the RK, the firm is, so they should have named you as the driver

if they have done this YOU should have received an NTD from the ppc as the driver and so you can then send in a soft appeal to the ppc to try to get the charge dropped, or to issue a popla code

so if you have a NTD, then appeal it to the PPC within the timescale allowed, including a request for a popla code if the appeal is refused

then appeal it at popla

if you already have a popla code, appeal to popla


that is how it should have been done, and your firm is no longer liable under POFA as they named the driver (well thats it in E+W I believe anyway)

ps:- you cannot win at popla on mitigation, only on points of law

ps- this rang a bell with me as I thought PE had been booted out of the lake district ?

more details here http://www.thewestmorlandgazette.co.uk/news/10103794.Lake_District_National_Park_Authority_ditches_Parking_Eye_at_car_parks/

so do they actually have any authority to issue tickets there I ask myself ?

Kyle83

Hi Both

Thanks or getting back to me so just to clarify Waterhead is a Lake District car park and of Parking Eye are not being used there anymore the grounds of appeal could be just that they dont have authority to act on behalf of the landowner but surly if I used that they would say at the time of the alleged offence they had authority or shall I just say I expect the full contact details of the landowner to supplied I'm not sure what to do regarding this new turn of information has there authority crazy to exist or do they just pass it on to the new people in charge of the car parks?

Thanks

Kyle83

Sorry about the punctuation and lack of spelling. I meant cease instead of crazy and I'm on my iPhone now and it's a bit laggy when typing.

Coupon-mad

Kyle83 wrote: »

Hi Both

Thanks or getting back to me so just to clarify Waterhead is a Lake District car park and of Parking Eye are not being used there anymore the grounds of appeal could be just that they dont have authority to act on behalf of the landowner but surly if I used that they would say at the time of the alleged offence they had authority or shall I just say I expect the full contact details of the landowner to supplied I'm not sure what to do regarding this new turn of information has there authority crazy to exist or do they just pass it on to the new people in charge of the car parks?
Thanks

Just send a normal online appeal like you will see a dozen linked examples of, in the 'Newbies read this first' thread.

Choose one and adapt it and in your case state you were the driver. You can include the fact that you understand that PE does not have a contract at this site to enable them to enforce tickets and that there has clearly been no pre-estimate of loss seeing as it's been in a newspaper that PE were stopped from enforcing because of the profits they were making out of legitimate visitors to the Lake District. State that if they insist on taking this further when it is a site where they have no current contract and no landowner backing, you will report them to the BPA and you will charge for your time and costs in the POPLA process (example of 'extra wording' is in the Newbies thread about charging for your time appealing a case that has no merit).

Make sure you include your name and postal address and tick the box as 'driver' in your case (so they have no reason to revert to the company at all).

At the end the Owner/Director got involved and said no I either pay it or we will send them the driver details we will not go to court under any circumstances and will not risk a CCJ on the company understandably. I said well send the my details despite saying that there will be no CCJ and her ignorance rejecting that it is not a criminal matter and everyone saying there cant be a CCJ she abrubtly pointed out her authority and said send them my details.

She wasn't ignorant, she was right. If the company had not sent your driver details PE could have sued the company. POFA 2012 changed things a bit and registered keepers can be 'liable'.

Kyle83

Ok guys Thanks for your advise I shall complete this tonight and will see what happens.

I will post the outcome when it is received.

Thanks Again

Kyle83