Parking Eye - NtK Outside of 14 days - Question

amountainhigh

I received a Notice to Keeper (entitled as a Parking Charge Notice) from Parking Eye - it was received 25 days after the alleged infringement date. Looking at the PCN the stated Issue Date is 17 days after the Date of Event, so they hadn't even processed it, never mind sent, it to be be received within the 14 days as I believe is stipulated in the PoFA.

Does this itself mean the PCN is invalid or cannot be upheld??? Or just that they cannot enforce keeper liability?

In which case am I under any obligation to divulge the driver?

In my Appeal application to Parking Eye , do I need to used to standard template that references ALL the usual stuff, or simply that the PCN does not comply with PofFA and is therefore invalid.

Any assistance appreciated.
Thanks in advance

Umkomaas

1. Does this itself mean the PCN is invalid or cannot be upheld??? Or just that they cannot enforce keeper liability?

2. In which case am I under any obligation to divulge the driver?

3. In my Appeal application to Parking Eye , do I need to used to standard template that references ALL the usual stuff, or simply that the PCN does not comply with PofFA and is therefore invalid.

1. No/Yes (but they will try!).

2. No, absolutely, No!

3. Yes/No

enfield_freddy

looks like the postal strike IS affecting them


OP , what is your home town , London , mancherster , Liverpool or else ware ?

ColliesCarer

You are never under an obligation to reveal who the driver was for private parking company charges.

Receiving the Ntk so late, and the issue date being proof that it was, means that you will win either at 1st appeal, or POPLA providing you do not divulge who the driver was.

It doesn't mean the charge is invalid but it does mean they have failed to comply with the statutory requirements of POFA 2012 Schedule 4 and therefore they have failed to establish a right to pursue the keeper.

Use all the usual template points but add to point d) that the Ntk was received out of time for POFA 2012 schedule 4 to apply

Marktheshark

Is the envelope postmarked ?
Thats the important date.

ColliesCarer

Marktheshark wrote: »

Is the envelope postmarked ?
Thats the important date.

OP has already said the issue date in the PCN was 17 days after the parking event so he has them bang to rights

amountainhigh

In response to an earlier question - I'm in London.

There is no post-mark - just a coded line and a reference number - but as pointed the PCN itself states the Issue Date as 17 days after the parking event.

If I don't have to divulge the driver on what basis can they pursue action? I understood that POPLA was my option for appealing, but I'm not appealing- merely pointing out I'm the keeper and cannot be liable as they haven't met PoFA 2012?

Marktheshark

Yes got it now.
Appeal and the via POPLA, Do not trust the county court to follow the law on POFA, they are very "star-stuck" with parking eye at the moment, I am sure they take an autograph book in the court .

enfield_freddy

17 days is bad for them , the reason I asked about location is the postal system they use http://parking-prankster.blogspot.co.uk/2015/05/whistl-suspends-service-ntks-may-arrive.html

ColliesCarer

amountainhigh wrote: »

In response to an earlier question - I'm in London.

There is no post-mark - just a coded line and a reference number - but as pointed the PCN itself states the Issue Date as 17 days after the parking event.

If I don't have to divulge the driver on what basis can they pursue action? I understood that POPLA was my option for appealing, but I'm not appealing- merely pointing out I'm the keeper and cannot be liable as they haven't met PoFA 2012?

You should appeal as registered keeper using the 1st appeal template you will find in the sticky "**NEWBIES!!...." . (poss remove the ranty bits after the a) to e) list)

But leave all points a) to e) in and add to point d) that the Ntk was received out of time for POFA 2012 schedule 4 to apply. State the date of the alleged parking event and the date of issue on the PCN.

e.g. something like
d). Your 'Notice' fails to comply with the POFA 2012 Schedule 4 and breaches various consumer contract/unfair terms Regulations.
A compliant Notice to Keeper is fundamental to establishing a right to pursue the keeper, however, your Notice to Keeper fails to comply in that it was not delivered to the keeper's address within the relevant period of 14 days beginning with the day after that on which the specified period of parking ended. Your own PCN is evidence of this in that the stated issue date is 17 days after the alleged parking event.
Therefore, you have failed to comply with the statutory requirements to establish keeper liability.

enfield_freddy

I presume you are also the poster on Pepippo asking the same question,


if so , a beautiful "gan" special letter has been prepared for you , use it!


if you are not the person on peppipo , follow this link http://forums.pepipoo.com/index.php?showtopic=98839