Parking eye fine, help!

platterfish

Hi all,

In February I had a courtesy car provided by a garage fixing my car. Today I have recieved a parking charge notice From Parking Eye that has been forwarded to me from the garage.

My partner who uses the same car park everyday and uses the pay by phone app do do so. On the day in question he unintentionally forgot to pay for Parking at the time of entering, he realised just before leaving and purchased using the app sufficient parking to cover the time stayed, he didn't think anything of it and assumed that it would be fine as he had paid on that day.

The parking charge notice is stating we need to pay 54.00 by 28/3/14 before it rises to 90.00. I'd like to appeal the charge based on the fact we made a payment using the app on that day and that it was an unintentional mistake but I am unsure of how to go about doing this, how to put this across to them or whether there would be any point in fighting it. Do I pay before appeal?

Any help would be appreciated, and I can provide more details if needed.

Thanks

ColliesCarer

As it was a courtesy car and the firm were the registered keepers - your Other half will need to be named as the driver so that keeper liability is removed to avoid the possibility they will pay.
Then it's fairly simple matter of your OH submitting an appeal as the driver to P E - followed by a POPLA appeal - but the grounds for their appeal are very important and you will find them on the NEWBIES sticky thread on first page of the forum - take a look and come back with any queries once you've had a read
p.s. the circumstances on the day are largely irrelevant

Redx

for a start , its not a fine , its a parking charge invoice (only a court or a judge can fine you) - you wont find the word FINE anywhere on the paperwork

secondly, you need to tell this "garage" to inform PE of the drivers details, so that they get a PCN in their own name and at your address

then you adapt the template in this newbies thread https://forums.moneysavingexpert.com/discussion/4816822 to appeal it, if necessary appealing to popla once they give you a code (if they dont cancel it)

so please get this done asap , tell the garage they are supposed to follow the BVLRA guidelines, and name the driver with the drivers address

Stroma

You appeal as the keeper of the vehicle on the day, not the driver, that could have been yet another person. The keeper can appeal as it's in pofa 2012.

ColliesCarer

Below in blue is a template letter you can make out for the garage to send
to name the driver and discharge their liability

EDIT - Apologies crossover - so given STROMA's useful advice - ignore the letter below





[Private Parking Company Name]
[Insert Address]

[Insert Date]

[Insert the reference quoted on their PCN/NTK]

Dear Sir

Vehicle Registration Number [insert reg number]

I represent the registered keeper of the above mentioned vehicle.

I am writing to acknowledge the Parking Charge Notice (notice to keeper) [insert date] and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the usual keeper of this vehicle, whose details are:

[INSERT NAME]

[INSERT ADDRESS]

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis.
Please note: as this is a company vehicle then the usual keeper may not have been the driver. (Include this?)

Yours faithfully

PRINT NAME

Coupon-mad

Be aware that this letter is for the GARAGE to send. It is not enough to remove any liability, for the Garage to just pass the letter to you. If they ask 'why should we sign that?' then either send it without them signing it, or explain that they are still liable under POFA2012 if they don't name the driver. And that you'll pay the postage and will obviously assume responsibility from now on if they will simply name you/your OH, officially as the driver.

platterfish wrote: »

Hi all,
The parking charge notice is stating we need to pay 54.00 by 28/3/14 before it rises to 90.00.

It doesn't state YOU have to pay as it's not addressed to you yet.

platterfish

Stroma wrote: »

You appeal as the keeper of the vehicle on the day, not the driver, that could have been yet another person. The keeper can appeal as it's in pofa 2012.

Thank you for all your replies,

I'm a bit useless with this so bear with me,

To clarify, I should ask the garage to name me as the keeper on that day (not the driver?), this will reset the timescales and issue with my own PCN for which I can appeal.. using the templates in the newbies thread. I do not need to pay before appeal. If they decline the appeal will I have to pay the full PCN amount as opposed to discount.

Additionally, I don't need to include the full details of what happened on the day as these are irrelevant and I should stick with the template. Is this correct?

ColliesCarer

platterfish wrote: »

Thank you for all your replies,

I'm a bit useless with this so bear with me,

To clarify, I should ask the garage to name me as the keeper on that day (not the driver?), this will reset the timescales and issue with my own PCN for which I can appeal.. using the templates in the newbies thread. - Appeal now anyway - see details below - you can get the garage to issue the letter later

I do not need to pay before appeal. Absoultely not

If they decline the appeal will I have to pay the full PCN amount as opposed to discount - They usually re-offer but why are you worrying about paying - follow the advice and you have a greater than 99% chance of paying nothing - zilch - nada

Additionally, I don't need to include the full details of what happened on the day as these are irrelevant and I should stick with the template. Is this correct? - see response below

As the garage have already passed you the Notice to Keeper then I would say appeal now as the Keeper on the day to that notice - sounds like you should be within their 28 day appeal window. Make sure you include your address so that all further letter comes to you and not the garage.

Take a look at this thread by an OP in a similar boat - there's a template appeal letter I posted for them in there too. modify it to suit your circumstances - which you can mention in an appeal to the parking company if you wish but make sure you do not reveal the driver by doing so - also your circumstances should not be used when you get to the POPLA stage.

https://forums.moneysavingexpert.com/discussion/4930352

platterfish

ColliesCarer wrote: »

As the garage have already passed you the Notice to Keeper then I would say appeal now as the Keeper on the day to that notice - sounds like you should be within their 28 day appeal window. Make sure you include your address so that all further letter comes to you and not the garage.

Take a look at this thread by an OP in a similar boat - there's a template appeal letter I posted for them in there too. modify it to suit your circumstances - which you can mention in an appeal to the parking company if you wish but make sure you do not reveal the driver by doing so - also your circumstances should not be used when you get to the POPLA stage.

https://forums.moneysavingexpert.com/discussion/4930352

Thank you.

I have seen the template in the post and will modify accordingly. Should I include that a ticket was bought on the day, albeit after the parking had complete. I have a receipt for this, which shows a payment on that day so should I send this also.. or shall i not bother (just realised - he paid for 30 mins less than he stayed!)

Thanks

ColliesCarer

Yes you can raise that to the parking company- if you send a receipt make sure all personal details are blanked out and phrase it in a way that admits nothing.

When you get to the stage of doing your POPLA appeal - then the circumstances won't matter and in fact they specifically exclude circumstantial evidence (what's termed mitigation)

platterfish

ColliesCarer wrote: »

Yes you can raise that to the parking company- if you send a receipt make sure all personal details are blanked out and phrase it in a way that admits nothing.

When you get to the stage of doing your POPLA appeal - then the circumstances won't matter and in fact they specifically exclude circumstantial evidence (what's termed mitigation)

Thank you, I really appreciate your help.

I am sending the template to PE found in the newbies section, I have included a point 1) A ticket was purchased on the day for the vehicle. And I will include the receipt, which shows the payment, although there is 30 minutes payment missing and the times are for later in the day!