parkingeye

tom63uk

Hi i have been through the process of appealing against parkingeye before and was successful but can not find on the sticky whether it is the same process for Scotland as i was parked in gretna green welcome break services. Thanks in advance

Dee140157

Read the sticky again and see what it says about Scotland.
The question is do you live in Scotland or England/Wales?

tom63uk

i live in england but was in scotland

Guys_Dad

Then you come under the jurisdiction of the English courts.

tom63uk

Thank you Guys Dad so same as before then

Dee140157

This is one of those I am unsure about so clarification for me would be good.

In Scotland there is no keeper liability. So I assumed PE couldn't apply to DVLA for NTK for Scottish PCNs. If they can, they presumably would have to pursue the keeper through the English courts for a parking incident that occurred in a Scotland.

Can they do either of these? If not hen surely then advice would still be to ignore?

Sorry OP, but I want to be absolutely clear here that appealing is the right advice.

Guys_Dad

Dee140157 wrote: »

This is one of those I am unsure about so clarification for me would be good.

In Scotland there is no keeper liability. So I assumed PE couldn't apply to DVLA for NTK for Scottish PCNs. If they can, they presumably would have to pursue the keeper through the English courts for a parking incident that occurred in a Scotland.

Can they do either of these? If not hen surely then advice would still be to ignore?

Sorry OP, but I want to be absolutely clear here that appealing is the right advice.

The BPA does have a section on parking in Scotland and, from what I can see, they can't apply POFA keeper liability but can go to the DVLA and can take the motorist to court in England.

I don't think that POPLA is available either in your case, but if you do get a NtK you appeal as normal and innocently ask for a POPLA code then tell POPLA that keeper liability doesn't apply to you as the contravention was in Scotland.

If the PPC says that POPLA doesn't apply to you, your counter is "OK. Then neither does keeper liability"

The_Slithy_Tove

Guys_Dad wrote: »

The BPA does have a section on parking in Scotland and, from what I can see, they can't apply POFA keeper liability but can go to the DVLA and can take the motorist to court in England.

Even if they could use English courts to pursue alleged charge from an incident in Scotland (not sure that they can), as you say, they can only take the DRIVER to court, but they can only get the registered keeper details from the DVLA. They don't know who the driver was, so they are scuppered.

tom63uk

These are letters i have now received off parkingeye but never got a popla code as requested. Not sure of which way to go now..........

Letter 1

Dear Sir/Madam
Thank you for your correspondence in relation to the Parking Charge incurred on 3rd August 2014 at 03.31, at Welcome Break Gretna Green car park.
In relation to your claim that our charges are disproportionate and therefore not a genuine pre-estimate of loss, we refer you to the below cases that indicate that the Parking Charge amount is fair and reasonable. Furthermore we have calculated this sum as a genuine pre-estimate of loss as we incur significant costs in managing this car park to ensure motorists comply with the stated terms and conditions and to follow up any breaches of these. These costs include (but are not restricted to);
Erection and maintenance of the site signage;
Installation, monitoring and maintenance of the Automatic Number Plate Recognition systems;
Employment of office-based administrative staff;
Membership and other fees required to manage the business effectively including those paid to the BPA, DVLA and ICO;
General costs including stationery, postage etc.
The sum and the calculations which have been made in setting it, has been approved and agreed by the landowner (or the landowner’s agent). This sum was also clearly laid out on the signage at the site, and by remaining on site, we contend that the motorist has accepted all of the prevailing terms and conditions of that contract, including the charges for breach of contract.
We also note that a number of your queries are of a generic nature, a number of which we have seen before

Letter 2

Dear Sir/Madam
Thank you for your correspondence in relation to the Parking Charge incurred on 3rd August 2014 at 03.31, at Welcome Break Gretna Green car park.
In order to park beyond the initial free period, payment for additional parking time must be made inside at the site and your registration plate entered into a parking terminal as per the regulations on the signage. Our records do not show that a registration plate matching your registration was entered.
In order for Parking Eye to cancel this Parking Charge, we will need valid evidence indicating that you did not break the terms and conditions stipulated on the signage.
The Parking Charge has been placed on hold for 14 days in order for you to provide additional / further evidence.
Alternatively, payment can be made by telephoning our offices on 0844 247 2981 or by visiting parkingeye.co.uk parkingeye.co.uk[/url] or by posting a cheque or postal order to the address detailed below.
If this charge has been paid and you choose to provide further evidence relating to your appeal, please forward this to us for consideration.

Umkomaas

Much will depend on your initial letter to them. If you've used terms such as 'I parked' or 'I didn't see the signs' then you've probably outed yourself as the driver and lost some of the RK protection afforded under PoFA 2012.

If you've used terms such as 'the driver parked' or 'the driver did not see the signs', then we're possibly dealing with a different scenario.

Are you able to paste up your original letter to PE please?

tom63uk

i copied the letter off the sticky thread for parkingeye