Parking Eye - Purley Way

Kousoku

Hi,

I'm a newbie here and glad I found this forum. I have been reading all the stickies and recent threads on appealing Parking Eye PCNs.

I received a Notice to Keeper through the post from Parking Eye last Thursday (15/01/2015) for a parking event which took place on Boxing Day. This was generated by ANPR and this NtK is the first I learnt of this PCN. The "Date Issued" and "Date" fields printed on the NtK is 10/01/2015.

Although I didn't receive the NtK until 15/01 (20 days after date of the event), there isn't a postmark on the envelope to suggest when they sent it. As I understand from the Protection of Freedoms Act 2012, the NtK in such an instance must be received by me within "the period of 14 days beginning with the day after that on which the specified period of parking ended." I am assuming that day 1 of the 14 days is the day after the event? Please could someone confirm this?

If my assumption is correct, I need to have received the NtK by 09/01/2014 (being day 14) for this PCN to be valid. Even if I can't prove unequivocally that I didn't receive the NtK until 15/01, surely the "date issued" and "date" fields printed on it (10/01/2015) is beyond the 14 days anyway?

If that's the case, could my appeal be on this basis alone? Or should I write an appeal based on the various other points laid out in the various templates people have kindly produced on this site?

Thanks in advance for your help!

Redx

you are basically correct, except that to comply with POFA 2012 the pcn has to arrive by day 15 , where day 1 is the day after the event

it doesnt make the invoice less valid, except PE cannot invoke pofa 2012 if they havent adhered to it, so you have an extra appeal point as RK , for popla or any court case (if it came to that) , so you cannot just assume its totally invalid as many PPC`s dont even use POFA 2012 anyway

appeal using the template in the newbies thread, try not to add to it as you dont want to give away who was driving , but you can remove the "rant" part if you so wish

you could add a point about the NTK not being compliant with pofa 2012 due to not receiving it within 14 days (ignore the xmas holidays which could be their excuse)

they will likely reject the appeal and issue a popla code, so if that happens use this extra appeal point to popla, along with the usuals as well (again from the NEWBIES thread)

hope that helps

Kousoku

Thanks for the quick and detailed reply Redx. I will draft an appeal and post back here for feedback if that's ok. Thanks again.

Kousoku

I will be submitting the following appeal to PE online. Any further comments/feedback gratefully received, thanks.

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I challenge this 'PCN' as keeper of the car, on the following grounds:

a) The sum does not represent a genuine pre-estimate of loss. It is a disguised penalty and not commercially justified.

b) As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.

c) There is no evidence that you have any proprietary interest in the land.

d) Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.

e) There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

This is my full and final appeal, either accept this appeal and cancel the PCN or reject with reasons including POPLA code within 35 days. This is submitted online so I have kept a copy and this communication is clearly received by you unless proved otherwise.

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jojo01

Which shop on the Purley Way OP? I visit shops along there fairly regularly and want to be sure I don't visit a store that employs one of these PPCs!

Kousoku

jojo01, sorry for the late response. I haven't been on the forum for a while. This was from the Toys R Us car park.

I have also received an email from PE stating that the charge has been cancelled. Thanks all for your help.

jojo01

Thanks OP, and glad to hear the charge has been cancelled.