Parking Eye - PNC Lease car

Steve_Lease_car_driver

Hi, Newby here.


I have had the mis - fortune of receiving a PCN from Parking Eye. £100 for 10 minutes !!


I have read the newby forum and seem to be in a very similar position to Mick Fleetwood who posted on the 13 January 2015.


Like Mick I drive a lease car, was sent a Parking Eye charge notice , for being 10 minutes over the FREE 1hr parking. This was on the 20 December 2014, but only received the notice on the 12 January 2015. (23 day gap)


The small print states the same "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."


Obviously from the other threads I have read, it seems pointless sending any mitigation like the queue getting into the car park and finding a space took the best part of 10 minutes due to it being the last Saturday before xmas, and it took the best part of 5 minutes to leave. (giving me 55 minutes of parking !!)


I have contacted my lease car company and asked if they have sent my details, they have confirmed they would have. I have also requested that I will deal with PE and put an appeal in, so that the lease car company does not pay anything on my behalf. I believe the letter of appeal Mick has drafted looks ideal to use for my situation. Would it be OK to use the body of this appeal (obviously with my details !) to start the appeal with PE ?


Thanks for any help or advice.


Steve the lease car driver

bod1467

I can't remember his appeal, but you can at least use the standard appeal from the NEWBIES thread.

Redx

the mick thread is here https://forums.moneysavingexpert.com/discussion/5152080

bod1467

I know the thread - I just wasn't going to go hunting out his appeal wording.

Mick_Fleetwood

Hi Steve,

Yes it sounds like a similar situation to me. As per my challenge letter, PoFA 2012 Sched 4 states that the Notice to Keeper (NTK) has to be received within 14 days (starting the day after the incident).

However, the sticking point here may be that they will have issued the NTK to the Registered Keeper (which will be the lease company) in order to get the details of the Keeper. I have no idea whether that NTK was received by the lease company within the time limit.

Please feel free to use the wording (or a variation) of my challenge, but be aware that I am no expert, and have no legal training, and may well be unsuccessful in my own appeal!

All the best!

bod1467

The memorandum of understanding by BPA and BVRLA says that the PPC should send out a PCN to the person named by the lease company; that person then has their own appeal window.

Forget the date of the alleged infringement, you received the notice on 12/1 ... what date was on THAT letter? (Your 28 day appeal window started from that date).

Mick_Fleetwood

bod1467 wrote: »

The memorandum of understanding by BPA and BVRLA says that the PPC should send out a PCN to the person named by the lease company; that person then has their own appeal window.

Forget the date of the alleged infringement, you received the notice on 12/1 ... what date was on THAT letter? (Your 28 day appeal window started from that date).

My understanding is that there are two deadlines:

1) The NTK should arrive within 14 days of the date of the alleged incident.

2) You then have 28 days from the date they issued the NTK to lodge your appeal.


My point (in my previous reply) is that IF the basis of your appeal is that the NTK is non compliant with PoFA 2012 (as they missed their 14 day deadline), then that may be incorrect, as they will have issued that NTK to the lease company (possibly within the time limit, possibly not, but you will never know!)

bod1467

Fair point ... if Steve confirms some dates then it may not be the NtK that he has received; it may be the equivalent to the NtD after the lease company has named the "driver".

(I think we're saying the same thing).

Steve_Lease_car_driver

Hi,


Just to say thanks for all your help. I have amended/tailored Mick's letter for my own circumstances. I have contacted my lease car company, but have not got any further dates of contact. They said that they would have given my name and address to PE. So as for dates I only received the NK on the 11th January, the offence being the 20 December.


I am due to send it via PE's website attached as a word document and also send it by first class post with proof of postage.


I will update the thread when I get something back.


Here goes nothing ! (or I pay nothing !)

Steve_Lease_car_driver

Hi Everyone,


Just like to update on my PCN with PE. I sent my appeal via the PE website and sent a copy first class mail with proof of postage.


No acknowledgements received AND I got a reminder through the post to pay before the deadline for the lower charge expired.(which was last Monday). £60 !


Last night I opened an email from PE stating that the charge has been cancelled and there is no outstanding charges on this account from the Parking Eye Team. (Kind Regards !)


So THANK YOU everyone, including Mick Fleetwood. I hope you get the same response to your appeal. ( I also look forward to seeing you and the band play this year on the UK tour !!)


I have printed off and kept all correspondence regarding this ticket, do I need to wait for a letter from PE stating the same or will the email be the final word from them ??


Thanking you again


Steve Lease car driver

Mick_Fleetwood

Steve_Lease_car_driver wrote: »

Hi Everyone,


Just like to update on my PCN with PE. I sent my appeal via the PE website and sent a copy first class mail with proof of postage.


No acknowledgements received AND I got a reminder through the post to pay before the deadline for the lower charge expired.(which was last Monday). £60 !


Last night I opened an email from PE stating that the charge has been cancelled and there is no outstanding charges on this account from the Parking Eye Team. (Kind Regards !)


So THANK YOU everyone, including Mick Fleetwood. I hope you get the same response to your appeal. ( I also look forward to seeing you and the band play this year on the UK tour !!)


I have printed off and kept all correspondence regarding this ticket, do I need to wait for a letter from PE stating the same or will the email be the final word from them ??


Thanking you again


Steve Lease car driver

Great News Steve!
I too have been notified via Next (as I complained to them too) that PE have agreed to drop the matter, although I will still be looking out for written confirmation of such from PE.


FM: My wife and I saw them on Honeymoon in Chicago last year, and were lucky enough to get tickets to see them in the UK later this year. They were unbelievably good when we saw them in Chicago, so you are in for a treat!!!

All the best.