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Parking Eye Ticket

Hi. I wanted to get advice on a Parking Eye Ticket which I received 3 weeks after the event.

It was in a Morrisons car park in East London. My mother went shopping inside and I stayed in the car and waited for my mother to complete her shopping as I was on the phone and was a personal call. Thus, I did not purchase a ticket for the parking as I was sat in the car the whole time.

The duration was for 1 hour and 10 minutes. The car is not owned by me, it is a company car for the company I work for and they have me as the hirer of the car.

Is there any grounds for appeal. The amount due is £100 discounted to £60 if paid within 14 days.

I will be very grateful for any advice on this matter.

Thanks
«13

Comments

  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    Yes there are grounds for appeal but could you first tell us
    Was the P Eye ticket originally sent to your company and they have passed the parking charge notice to you or are your details on the V5C?
  • HO87
    HO87 Posts: 4,296 Forumite
    Before I go into any detail you say you received the ticket 3 weeks after the event. Can you confirm that you have been passed it from your employer/lease company?
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • mrum1129
    mrum1129 Posts: 14 Forumite
    I have not received any communication from my employer/lease company. My details are not in the logbook, I do not have the logbook.

    I received the PCN directly from Parking Eye in the post.

    The PCN states:

    "We refer you to the notice to keeper which has been given under the Protection of Freedoms Act 2012, Schedule 4, Para 9 (2) (f). We have been made aware by the vehicle-hire/lease company that you were the hirer/lessee of the above vehicle at the time of the event and they have provided your details, together with a copy of your signed hire agreement and statement of liability"
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    So they must have got your details from either (a) the DVLA or (b) your employers via a DVLA enquiry.

    Confirm whose name is recorded as the registered keeper at the DVLA.

    You will get off with our advice, but I am intrigued as to how you deduced that because you were in the car, that absolved you from buying a pay and display ticket.

    Doesn't make a difference to how we deal with it, but it parallels the concept of going to the cinema but not having to pay as you kept your eyes shut through the film.
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    edited 1 May 2014 at 11:05AM
    Ok - that explains it - looks like your company have named you as the hirer.
    Follow the advice in the NEWBIES sticky thread

    https://forums.moneysavingexpert.com/discussion/4816822

    and send the 1st appeal template you will find there to P Eye - it starts

    Dear {company name of this member of ''PPC World''},

    PCN number xxxxxxx
    As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:


    But change the first line to be "As the usual keeper ...." or "As the hirer ......"
  • mrum1129
    mrum1129 Posts: 14 Forumite
    Thanks, I will send the letter and amend it to "As the hirer".

    I should be expecting a rejection letter though right?

    Does it make any difference that they spelt my name wrong on the PCN?
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    Probably makes no difference - as long as it could be classed as a typo and is not a completely different name.

    Yes, expect a rejection with a POPLA code - so you can then submit an appeal to POPLA - see post #3 of the NEWBIES thread for How to Win at POPLA
  • mrum1129
    mrum1129 Posts: 14 Forumite
    Guys_Dad wrote: »
    So they must have got your details from either (a) the DVLA or (b) your employers via a DVLA enquiry.

    Confirm whose name is recorded as the registered keeper at the DVLA.

    You will get off with our advice, but I am intrigued as to how you deduced that because you were in the car, that absolved you from buying a pay and display ticket.

    Doesn't make a difference to how we deal with it, but it parallels the concept of going to the cinema but not having to pay as you kept your eyes shut through the film.

    I didn't believe I was absolved from purchasing. I had a personal call and so just sat in the car to take it and just thought if a parking warden arrived I would just move the car.

    Under what grounds would POPLA grant the appeal? I looked at the thread showing recent POPLA wins and a lot of them show that the parking firm could not provide evidence of genuine loss incurred. I'm concerned they won't accept mine as I didn't purchase a ticket to begin with
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrum1129 wrote: »
    I didn't believe I was absolved from purchasing. I had a personal call and so just sat in the car to take it and just thought if a parking warden arrived I would just move the car.

    Under what grounds would POPLA grant the appeal? I looked at the thread showing recent POPLA wins and a lot of them show that the parking firm could not provide evidence of genuine loss incurred. I'm concerned they won't accept mine as I didn't purchase a ticket to begin with

    You're correct insofar as they do have a genuine loss by your failing to put the 10p (or whatever the amount was) into the slot - but that is the level of the loss (plus a bit for postage and obtaining your details from the DVLA) - but none of that comes to £100. And the key word is Genuine in GPEOL.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Triumphstag
    Triumphstag Posts: 14 Forumite
    Interesting to see that Morrisons are now appearing on the threads, here and elsewhere.
    PE signs appeared in my local Morrison in February and I wrote to their head office to say that henceforth my £100 a week would be going elsewhere, not that they had the courtesy to reply.
    I can see Morrisons becoming the new Aldi or The Range, both companies that I refuse to spend money with.
    Really I feel that everyone should vote with their purse and reward companies that do not treat their customers with contempt and financially punish those that do.
    I also wish that everyone would contact their MP to complain, Parliament passed a flawed, badly drafted bit of legislation and those who put it place should know their voters' feelings. The next election is only a year away and if every MP was put on notice about the private parking issue there is a chance that things would change. However, if you don't raise your voice how will your MP know your feelings?


    Ts
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