Parking Eye PCN

BrendanHale

Hi,
I have received a PCN from the above organisation relating to a trip to Newquay by my partner a month ago.
I have had a browse through the site and learnt much, however could someone clarify a couple of points for me please?

1. the date of the incident and the date of the issue of the PCN are 22 days apart. Is it safe to assume that Parking Eye have failed to issue the PCN within the required time frame and this PCN is therefore null and void?

2. Although the PCN gives time of entry and time of exit , along with 2 grainy photos as evidence, it does not state how much parking time was paid for. As I was not the driver on the day in question, I have no idea how much was put in the machine, and neither does my partner. Surely for a breach of contract to be alleged, Parking Eye have to state by how long they consider the driver to have overstayed? All they have done is tell me that my car entered a car park, and 3 hours and 10 mins later, it left!

I am not planning to pay anything, nor will I pass it to my partner.

Any comments gratefully received

Thanks

Brendan

Redx

BrendanHale wrote: »

Hi,
I have received a PCN from the above organisation relating to a trip to Newquay by my partner a month ago.
I have had a browse through the site and learnt much, however could someone clarify a couple of points for me please?

1. the date of the incident and the date of the issue of the PCN are 22 days apart. Is it safe to assume that Parking Eye have failed to issue the PCN within the required time frame and this PCN is therefore null and void?

2. Although the PCN gives time of entry and time of exit , along with 2 grainy photos as evidence, it does not state how much parking time was paid for. As I was not the driver on the day in question, I have no idea how much was put in the machine, and neither does my partner. Surely for a breach of contract to be alleged, Parking Eye have to state by how long they consider the driver to have overstayed? All they have done is tell me that my car entered a car park, and 3 hours and 10 mins later, it left!

I am not planning to pay anything, nor will I pass it to my partner.

Any comments gratefully received

Thanks

Brendan

1) very little if anything makes a parking charge invoice null and void , but they failed POFA 2012 in which case there is no keepr liability (but you still have to go through the motions)

do not name the driver or infer who was driving, otherwise POFA becomes a moot point !

so NO , its not null and void, just fails the time under POFA (some companies dont even bother using POFA 2012 anyway, the newbies thread tells you that)

2) is a good point and one they always fail to adhere to , their anpr checks time on site, not parking time, not that they care about it , but its another appeal point

just use the template letter from the newbies thread (I trust you have read it ?) and get a popla code

then you can use various appeal points to popla

anpr photos are grainy, their sole purpose is to get your VRN, not a passport style photo

Guys_Dad

To be clear, they can still pursue the matter as far as court goes but can not pursue the keeper, only the driver.

A simple appeal stating that you were not the driver, but as they have failed to adhere to POFA 2012 timescales, you are not liable as keeper and have no obligation to name the driver, as they well know.

You can add that their administration failures are not your problem and give them no excuses to ignore POFA. Inform them that if they pursue this, you will inform the BPA and DVLA, as well as POPLA in your appeal. Suggest better luck next time.

Be sure to put dates of contravention and PCN in the appeal

BrendanHale

Thanks for the responses, I shall indeed use the template later and get it off to them over the weekend.
Regards
Brendan

Guys_Dad

If you use the template letter as it stands, you will get turned down as they have seen it time and again, but you will get the POPLA code.

If you use my suggestion, short and sweet, you have a good chance of getting it cancelled on PPC appeal.

Belt and braces - us the Out of time as your main appeal point but add,

"If you do not accept this, then I would add the following....." and put in the template points, but keep them separate from your out of time paragraph.

BrendanHale

Hi,
Update to the above.

As expected, I received a rejection letter dated 21 Aug 15.
I got a POPLA code.
The wording of the rejection is as follows:

We are writing to advise that your recent appeal has been unsuccessful due to the fact that parking tariffs apply at this car park. On further investigation our records show that insufficient time was paid for on the date of the parking event. However, as a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence.

There was also a long list of FAQs and a resume of the Beavis ruling 2014 countering my Pre estimation of loss argument.
I have also received a separate letter from Parking eye, dated 21 Aug 15 rejecting my claim of an invalid invoice due to the fact that I have not formed a legally binding contract with Parking Eye.

They completely ignored the statement in my initial appeal that pointed out that their PCN was outside the 14 days notification period as laid down in POFA 2012.

Any thoughts, O wise ones?

Regards
Brendan

Redx

yep, draft a popla type appeal for the Ombudsman Services using recent popla appeal examples found using the search box and suitable search words

register the popla code asap on their website, so the OS can get back to you

Northlakes

Search the various threads for a POPLA appeal relating to the PE Newquay site. Search the POPLA results on here and the completed cases on PEPIPOO. There are plenty.
When you have drafted an appeal post it up and the various experts will direct you further.
No standing is the current winning point and should come first.

Redx

NTK not arrived IN TIME so NON-COMPLIANT would be point #1

then NO STANDING as point #2

not a gpeol comes last , followed by the Beavis paragraph due to the fact its still at the Supreme Court

BrendanHale

Thanks for the replies....
I'm sorry - no standing... can you expand for me please.

Also,
Should i email Parking Eye and request a copy of their contract with the landowner as proof that they have a right to operate? I realise as I type that this answer may lie in other Newquay threads...and should I also request evidence of the amount of time purchased and therefore the length of time that the ticket over ran. They have only stated the times of entry and exit so far. My initial appeal stated this omission.
Thanks again.

Redx

no standing means they are not the landowner and have no contract allowing them to issue a pcn or take you to court - so no authority

a landowner could do so, they have "stannding" - a legal term

in your appeal , its no contract

no , do not write to PE , they wont give it to you anyway

use it in your popla type appeal, demanding the Ombudsman Service "see" the unredacted contract and not a witness statement , plus you will also argue about the parking times and anpr validity etc too

read recent popla appeals, then you will get the gist, after that come back with questions, but hopefully you wont ask irrelevant ones when you have drafted a popla appeal

so save it for said appeal , and register your popla code asap