Advice re: Parking Eye - starting process after 6 weeks

tubthumped

Good morning all - please excuse another thread on this matter.
I've read lots of info on here and feel pretty clued up, but I just have some confusion at the minute.

I received a 'PCN' for overstaying the 2 hours on Welcome Break, Charnock Richards (by 15 minutes!). The offence was on the 16th October 2014 - I'd just moved house and didn't get around to changing my V5 to my new address - I have since sold the car.
The old registered address was my parents house and they have just returned from a long break and forwarded me 3 letters from parking eye. The third dated 25th November is asking for me to pay the £100 charge as the keeper (me) is now liable and I have 14 days to avoid further action.

In this instance, should I start my correspondence with them using the 'normal' route as detailed with the template letter, or should I try and 'reset the clock' by issuing the name of someone else as the driver at my new address?

I appreciate in advance the help anyone on this forum can provide.

Many thanks
Craig

hoohoo

dont tell lies, but name the driver if they were not the keeper.


otherwise inform them that the address was incorrect and then argue about whether you can use Popla...or wait until you get a letter before clain at your parents and then do the same.

Coupon-mad

Name the driver (as long as it was someone different from the keeper) course it was...name & address. That gets the case rewound to a PCN the driver can appeal and win.

tubthumped

Coupon-mad wrote: »

Name the driver (as long as it was someone different from the keeper) course it was...name & address. That gets the case rewound to a PCN the driver can appeal and win.

Is there a draft you would recommend using in this instance C-M?
I'd imagine Parking Eye will try and wriggle out of allowing this, as i guess they know what will then happen....

Cheers

tubthumped

I have today issued a letter identifying the driver and their address.
This has been submitted through their website and I have screenshots and drafts saved - hopfully they play ball and don't cause me too many headaches over the festive period!

For info, i have submitted the following:

RE: PCN No. *******

Dear Sir

Vehicle Registration Number ********
I am the registered keeper of the above mentioned vehicle.

I am writing to acknowledge your 'Outstanding Parking Charge' letter dated 25 November 2014 and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'. Therefore you must pursue the driver, whose details are:

Daft Girlfriend
********
*******

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis.

Yours faithfully
CD

tubthumped

Quick update: PE have now sent the PCN out to my other-half. Time to start the process on her behalf. Just out to find the template for using the online appeal form....

Umkomaas

tubthumped wrote: »

Quick update: PE have now sent the PCN out to my other-half. Time to start the process on her behalf. Just out to find the template for using the online appeal form....

You may need to crop it down a bit for it to fit within the character limits of their online appeals portal. Take out any bits you think superfluous, but without altering the main thrust.

As long as you have the key headline points included, PE's recent record is to cancel the PCN at this initial appeal stage.

tubthumped

Umkomaas wrote: »

You may need to crop it down a bit for it to fit within the character limits of their online appeals portal. Take out any bits you think superfluous, but without altering the main thrust.

As long as you have the key headline points included, PE's recent record is to cancel the PCN at this initial appeal stage.

Thanks UMKOMAAS :cool:

My girlfriends appeal to PE online is as follows:

I challenge this 'PCN' on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). The signs do not comply with government guidelines for traffic signage on a Motroway Service Area as detailed in 'DfT Circular 01/2008: Policy on Service Areas and other Roadside Facilities on Motorways and All-purpose Trunk Roads in England'.
c). There is no evidence that you have any proprietary interest in the land.
d). There was no consideration nor acceptance flowing from both parties and any contract with myself is denied.
e). This is not a 'parking ticket' - it is an unsolicited invoice.

Regards,
Daft Girlfriend

Any input to this?

Umkomaas

You've very clearly cropped it down! Perhaps you should just add a little more (subject to character limits) from the advised initial appeal template.

In particular the signage - are you sure about non compliance with govt guidelines? Most appellants don't actually see the signs on arrival at MSAs and appeal on this basis, was your gf there during nightfall?, if so something about lack of illumination.

You've hit the main points otherwise, so see how it goes. In any event, even if this first appeal doesn't quite work, we can sort it out at, or prior to, POPLA.

tubthumped

Thanks again Umkomaas - I've dropped the bit about the signage as I'm not 100% on it. Although from what I've researched I'm confident it is valid.

However - the other points should see me through and as you say, we can always sort it at/prior to POPLA if required.

From what I've read on here, it seems PE are dropping cases earlier once they realise a more informed member of the public is at the other end of their bullying.... Fingers crossed :beer:

The_Deep

In these MSAs does the time taken refuelling count towards the two hours?