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PCN - Southampton Town Quay

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Comments

  • Leighsaa
    Leighsaa Posts: 21 Forumite
    edited 31 December 2014 at 3:06AM
    Hi everyone, hope you've all had a lovely Christmas. I'm just touching base to let you know that I've still not heard anything. Fingers crossed the last thing I sent to PE using Coupon-mad's advised reply above did the trick :) Anyway best wishes for the new year to all and I'll post again if I have something to update. leighsaa
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's quite unusual for PE not to send some paperwork if they've cancelled a PCN.

    Just to give you some degree of closure on this why not put your PCN reference number into their 'Pay Your Parking Charge' portal and see what that shows?

    https://payments.parkingeye.co.uk

    You haven't changed your address since the issue of the original PCN?
    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
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    PE recently won a court case regarding this site. I expect that they will be emboldened by this and will resurrect your case in due course.
    Dedicated to driving up standards in parking
  • Leighsaa
    Leighsaa Posts: 21 Forumite
    Hi Umkomaas, thanks for the portal link. I input my reference number and got the error message "invalid reference number." I tried it a couple of times - with & without the / I'm still at the same address and haven't received any contact from PE to accept or reject the appeal since September.

    I wouldn't be surprised if you was right hoohoo
  • jkdd77
    jkdd77 Posts: 271 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The DVLA does give the impression of being in the pocket of the PPC 'industry'.

    I understand from Pepipoo that at least one poster e-mailed the DVLA about this and was told that PE may enforce using RK liability if they don't enforce using the byelaws.

    This is wholly incorrect as a matter of law, and I suspect that the DVLA know this.

    There is an argument that, if a claim is brought against a RK based solely and specifically on RK liability, then the claim should be dismissed if RK liability is found not to apply and PE invited to bring a new claim against the driver. However, I can imagine many judges simply asking the defendant if he/she is the driver, and, if so, finding against him/her on that point.

    Notwithstanding this, it should still be possible to defeat PE with a strong defence focusing on the absence of landowner rights, the penal nature of the charge, and the non-applicability of 'commercial justification.
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Leighsaa wrote: »
    Hi Umkomaas, thanks for the portal link. I input my reference number and got the error message "invalid reference number." I tried it a couple of times - with & without the / I'm still at the same address and haven't received any contact from PE to accept or reject the appeal since September.

    I wouldn't be surprised if you was right hoohoo

    I can't give you any guarantees that this is the end of it for you, but my hunch (no more than that) would be they've moved on to chasing some of the weaker prey and won't resurrect this.

    If they still had the case 'open' why would they deny you the opportunity to pay them money by not leaving your PCN portal access available to you.

    As I said a hunch, but if I'm proved wrong and you get a LBA or MCOL papers, come back for more advice.
    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
  • And if, god forbid, you do, make sure not to have the case heard in Southampton.
  • Hi, what was the outcome of this appeal please?

    And does anyone have recent pictures of this car park and the signage?

    Thanks!:money:
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Angie8111 wrote: »
    Hi, what was the outcome of this appeal please?

    And does anyone have recent pictures of this car park and the signage?

    Thanks!:money:

    The OP hasn't been on the forum for almost a year.

    If you Google 'Town Quay ParkingEye signs' and look at IMAGES then you should find some that people have put up as part of forum threads, so you should check the date when clicking through to those forum pages.

    Do not respond to pm's offering to 'help' off forum.

    Keep all queries to your own thread you started and we will assist.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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