Parking Eye notice - SUCCESS!!!

Mick_Fleetwood

Hi all,

Newbie here. I have read the stickies and also searched the forum for similar cases, but would still like some specific advice if you would be so kind?

My company has received a Parking Eye notice this morning for a 25 minute over stay in a retail park carpark on 22nd November 2014. The car is a company car, leased by the company (and the company is the registered keeper i think)

I am wondering what grounds I should appeal on?

a) "The driver" spent around £100 in Next (I hope to find the receipt when I get home later), and also visited the other 4 or 5 retailers on that site. Therefore we consider £100 for a 25 minute overstay to be extremely unreasonable, especially as the carpark is a free carpark for customer use. (I would follow this up with written complaints to Next and possibly the other retailers on that site).

or

b) The date of the heanus crime was 22nd November 2014, and the date of issue shown on the document is 7th January 2015. As the document refers to PoFA 2012 Schedule 4, surely they have exceeded the 14 days notice period they are required to adhere to?

(they also state "If, after 22 days from the date given......, the parking charge has not been paid in full, we will have the right to recover any amount that remains unpaid from you."
Having read through PoFA 2014 Schedule 4, I believe 28 days is actually correct, although I may be wrong?)

Many thanks in advance.

Yours frustrated

Coupon-mad

(they also state "If, after 22 days from the date given......, the parking charge has not been paid in full, we will have the right to recover any amount that remains unpaid from you."

DOES IT?? Please show us?! Remove the http from a link to a pic of that wording! You can't yet post working links but you can break the link by removing the http.

Appeal online on both counts and the at the charge is not a GPEOL (see the NEWBIES thread for acronyms). They will cancel and the receipt helps.

Redx

of course its unreasonable, that is why thousands of people have been fighting these invoices for many years

read the NEWBIES sticky thread, has all the info you could possibly require

ideally complain to the landowner and get a cancellation asap too , the sooner the better, but that is a parallel front to fighting this headon against PE themselves

once you have wised up you will see just how unreasonable this is , not just to yourself but hundreds of thousands of other people too

Mick_Fleetwood

Coupon-mad wrote: »

DOES IT?? Please show us?! Remove the http from a link to a pic of that wording! You can't yet post working links but you can break the link by removing the http.

Appeal online on both counts and the at the charge is not a GPEOL (see the NEWBIES thread for acronyms). They will cancel and the receipt helps.

Here is a link to an image of the letter (with vehicle reg. blacked out).

.dropbox.com/s/7bpoyy3x3hmkb18/IMG_4012.JPG?dl=0


As a newbie I'm not able to post the full link, just add https : // www.

Coupon-mad

https://www.dropbox.com/s/7bpoyy3x3hmkb18/IMG_4012.JPG?dl=0

How interesting - looks like a major typo (and a big booboo) on this particular template letter which probably only affects cases where they've contacted the lease firm first, as the wording says. Thanks for that nugget of info - I will look for that again in other cases! Yes it should read 28 days and they are indeed too late anyway to hold the keeper liable. But also point out the driver spent a lot in Next and show the receipt.

Mick_Fleetwood

Coupon-mad wrote: »

How interesting - looks like a major typo (and a big booboo) on this particular template letter which probably only affects cases where they've contacted the lease firm first, as the wording says. Thanks for that nugget of info - I will look for that again in other cases! Yes it should read 28 days and they are indeed too late anyway to hold the keeper liable. But also point out the driver spent a lot in Next and show the receipt.

That's good news. Thanks for all your advice. I did read the other threads and the PoFA 2014 Schedule 4, but just wanted to check I had interpreted them correctly before going ahead.

Thanks again!

Mick_Fleetwood

Hi again everyone,

Having looked at the paperwork all again, it seems I may have been barking up the wrong tree with the 14 day time limited on issuing a NTK.

As the car is a lease car, I'm guessing they issued the NTK to the lease company. The lease company disclosed that my employer is the registered keeper. I have no way of knowing if the NTK was received by the lease company within the prescribed time or not.

So... I think that means that the paperwork that my employer received is not an NTK, as that will have gone to the lease company. Am I right in coming to this conclusion?

In this case, can I still appeal on the grounds that their notice fails to comply with the PoFA 2012 etc. or is this ambiguous?

I will still be appealing on the GPEOL front, as I have found the Next receipt for £55 for the day and time in question. (I will also be writing to Next, and telling PE that I will be doing so).

If I have a good chance of winning on the GPEOL front, I don't want to risk undermining that by adding the PoFA 2012 into the mix....

Any advice appreciated.

Redx

the notice to the RK is the NTK , I assume here that this is the leasing company
as you are not the RK it doesnt apply to you

you are appealing as keeper, unless you are the RK in which case you are dealing with the NTK and appealing it as RK

so it all depends if YOU are the RK, or not (I think not, as the leasing company is normally the RK)

assuming the leasing company are the RK, then if they have passed it to you to deal with as keeper (even via your employer) , then you are appealing as keeper, not as RK

so POFA 2012 only applies between the PPC and the RK

bod1467

I've not looked to check ... does POFA specifically say Registered Keeper (or otherwise reference data held by the DVLA)?

Mick_Fleetwood

bod1467 wrote: »

I've not looked to check ... does POFA specifically say Registered Keeper (or otherwise reference data held by the DVLA)?

Definitions are, according to 2 (1)

• “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;
• “notice to driver” means a notice given in accordance with paragraph 7;
• “notice to keeper” means a notice given in accordance with paragraph 8 or 9 (as the case may be);

The wording is:

(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

bod1467

So you are the keeper in respect of the POFA definition then. You may not be the person named on the V5C document, but you are the person who keeps the vehicle.