POPLA appeal for Parking Eye PCN

themaninthemirror

Redx wrote: »

you put a precis of the appeal in the submission box, and then say "see attached appeal"

By precis you mean this bit?

"Re: ParkingEye PCN, reference code xxxxxxxxxx
POPLA Code:

I am the registered keeper and I wish to appeal a recent parking charge from ParkingEye. I submit the points below to show that I am not liable for the parking charge:

1) No genuine pre-estimate of loss
2) The Notice to Keeper is not compliant with the POFA 2012 - no keeper liability
3) No standing or authority to pursue charges nor form contracts with drivers
4) The signage was not readable so there was no valid contract formed
5) The ANPR system is unreliable and neither synchronised nor accurate"

Then the rest in the attachment as a word doc or pdf? Sorry for asking what is probably a silly question - I would rather make sure than get it wrong!

Thanks for all your help

Redx

yes

but you need to add "see attached full appeal" in the red section, at the bottom

or something similar, that tells them to read the full appeal which contains all of your popla appeal

either format is ok , or a different one such as docx or rtf or whatever

themaninthemirror

Perfect. I will send this off in due course adding the extra line. Thanks for your help Redx & Dee140157 - you have both been very helpful and tolerant of my stupid questions!

:beer:

Coupon-mad

Not stupid questions at all and you have clearly read the sticky thread first which is exactly why it is there. Much better than a thread entitled 'HEEELLLLLPPPP!!'

Out of interest can you check your PCN and confirm to us that PE are still describing the contravention as 'either by not paying or by overstaying' or words to that effect 'either/or'? You can see those are the words that lead me to say the NTK isn't compliant with the POFA 2012, so I want to check they haven't updated their 'P&D car park' PCNs.

themaninthemirror

Coupon-mad wrote: »

Not stupid questions at all and you have clearly read the sticky thread first which is exactly why it is there. Much better than a thread entitled 'HEEELLLLLPPPP!!'

Out of interest can you check your PCN and confirm to us that PE are still describing the contravention as 'either by not paying or by overstaying' or words to that effect 'either/or'? You can see those are the words that lead me to say the NTK isn't compliant with the POFA 2012, so I want to check they haven't updated their 'P&D car park' PCNs.

In the grey box at the bottom of the PCN - third paragraph says:

"By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to ParkingEye Ltd (as the Creditor)."

Does that help?

Coupon-mad

By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted

Those are the same magic words which mean that point #2 of the template 'No keeper liability as the NTK isn't compliant with paragraph 9 of the POFA' is still correct! I thought as much, still as clear as mud what the driver is supposed to have done and how much of the P&D fee is unpaid, if any. It's all good to go!

themaninthemirror

Phew! I'd already submitted the appeal - luckily PE are creatures of habit with wording of their PCN's! lol

Thanks for your help and the other guys too. fingers crossed for some positive news.. do you know how long the process takes- did i read somewhere about 56 days?

Coupon-mad

About six to eight weeks. Then Chris Adamson or Shehla Pirwany at POPLA will write to you a standard response (by email maybe) telling you that PE have not responded to show 'what the terms in fact, were'. And so they will confirm that you've won!

themaninthemirror

Great, thanks Coupon-mad!