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ParkingEye Drive in/out fine?

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Comments

  • susi
    susi Posts: 717 Forumite
    Thank you both for your replies, yes BobbyD he had already sent his appeal off before I came on here and found these threads, will wait for CM to take a look to make sure its the correct one....fingers crossed I got there in the end :-)
  • I think you may have misunderstood me?

    Part of the appeal states,

    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:

    and then this point,

    2) The Notice to Keeper is not compliant with the POFA 2012 - no keeper liability.

    I'm just a little unsure if this now is a valid point because your son has already appealed as the driver. It does not matter either way you will still win and that's the whole point, but you must word your appeal to PoPLA very carefully.
  • susi
    susi Posts: 717 Forumite
    Oh right I see what you mean, not much we can do about that now as its already been done, do you know if they get to see the appeal to ParkingEye?
  • No as far as I am aware. This is why I think you can just act as the keeper and not the driver, but I can not be 100% as I am new to this.

    I'm sure someone will advise soon enough, lets just wait and see :)
  • susi
    susi Posts: 717 Forumite
    Can someone take a peek at the last template for me please and let me know if its suitable :-)
  • Bobbydazzler
    Bobbydazzler Posts: 96 Forumite
    Eighth Anniversary Combo Breaker
    edited 22 November 2014 at 2:57PM
    So to be clear, your son is going to POPLA (you have already disclosed to PE he was driving in your PE appeal) not you the Registered Keeper? Or have I missed somewhere your son "IS" the Registered Keeper. If this is the case please ignore the following.

    Again I'm not an expert but you have used the POPLA appeal template as the Registered Keeper.

    Surely this is incorrect unless I have missed something?

    You really need to do some leg work on this yourself.
    I am unable to guide/advise you as I do not have the experience needed.You may get more help from the regulars if you show you are trying to help yourself. Firstly you need to proof read your Appeal.

    The fact that you are appealing as the Registered Keeper when PE already know it was not you should be sounding alarm bells for you. :eek:

    Because it is now with POPLA it may be a fresh start/appeal but I don't think so. Parking eye will surely have your sons appeal with them at POPLA.

    You really need to get this right this time or you can say goodbye to your cash :(

    I'm out of my depth big time on this.

    Can an Expert/Regular advise here please
  • susi
    susi Posts: 717 Forumite
    Thanks BobbyD Ok, here goes, My son got the letter from ParkingEye and sent in an appeal (he thought he would be ok as the parking attendant on the day told him he was ok to stop at the potato van) so basically told them the truth, at this point I hadnt been on here so didnt know any of the info regarding appeals. My son is the registered keeper and the appeal to POPSA will be from my son not myself (Im just gathering the information for him) so both PE and POPSA appeals will be from my son, I understand where you are coming from though with him admitting he was the driver in the first appeal and then sending the second appeal in as the registered keeper (both of which are true of course) but can see where it could go wrong
  • OK that's a lot more clear now.

    Hopefully someone will come along and ok it for you :)
  • Umkomaas
    Umkomaas Posts: 44,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK that's a lot more clear now.

    Hopefully someone will come along and ok it for you :)

    If you're absolutely sure that your son definitely outed himself as the driver, you just need to slightly alter your draft POPLA appeal. If you're not sure, please copy his initial appeal here and we'll advise.

    The alterations you need to make if he has outed himself are:
    Re: ParkingEye PCN, reference code xxxxxxxxxx
    POPLA Code:

    I am the registered keeper and driver of vehicle registration number xxxxx 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

    [STRIKE]2) The Notice to Keeper is not compliant with the POFA 2012 - no keeper liability[/STRIKE]
    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

    Take out appeal point 2) and the corresponding paras in the main body of the appeal and then re-number the bullets and the main paragraphs.

    Seems fine beyond that. But if your son hasn't outed himself he has more protection appealing as the keeper.
    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
  • susi
    susi Posts: 717 Forumite
    Thanks Umkommas, I have just spoken to my son, his appeal was an online one so he hasnt a copy of what he wrote. He did word it that HE picked up his grandad and HE asked the parking attendant so I guess that implies he was driving although it wasnt put it writing he was the driver
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