PCN Private Eye, Holy Trinity Car Park Newquay

grungething

Hi all,

By reading an older post I believe Private Eye have 14 days to issue a PCN on a private P&D car park. I am hoping the fact the date issued was 15 days after the event will be enough for a concrete & successful appeal. Is this right?

Many thanks

hoohoo

Its a slam dunk win that the ticket was issued after 15 days. However, PE will still be able to pursue the driver so go back and edit you post to remove that information.

If you appeal by post get a proof of postage. If by web (not recommended) get a screenshot.

Dear PE ,
I am appealing as keeper. The NTK was not received within g14 days and so keeper liability does not apply. Additionally the charge is a penalty (please see the recent ParkingEye v Beavis result which establishes this on the facts of this particular case)If you disagree, please issue a POPLA code.

Marktheshark

Have you kept the proof of postage, otherwise known as the envelope.

grungething

Thanks HooHoo for such a prompt response.

I have received a Parking Charge Notice (PCN), is that the same as an Notice to Keeper (NtK)?

When you say pursue the driver is this something they can follow up in the future? If so how do I prevent this?

Is it really this simple to just write this:
Dear PE ,
I am appealing as keeper. The NTK was not received within g14 days and so keeper liability does not apply. Additionally the charge is a penalty (please see the recent ParkingEye v Beavis result which establishes this on the facts of this particular case)If you disagree, please issue a POPLA code.

Just seems too straight forward!!!

Many thanks

grungething

We have the envelope (Out the bin) but it has not date on it.

The PCN states the date of event though and the date issued is 16 days after that.
This should be clear evidence.

hoohoo

grungething wrote: »

We have the envelope (Out the bin) but it has not date on it.

The PCN states the date of event though and the date issued is 16 days after that.
This should be clear evidence.

The PCN is the same as the notice to keeper. The date on the PCN is enough evidence. In any case, the date is required to be the date they posted it, so if they posted it earlier they still are not compliant.

It really is that simple. PE are fairly pragmatic unlike some of the more idiotic operators and will probably cancel. If they do not, more reasons can be put in at the POPLA stage but for now you might as well focus them on an appeal point which always wins at POPLA

Prevent them from pursuing the driver by never stating who the driver is.

grungething

The PCN is worded:
'Parking charge is now payable to ParkingEye Ltd (as the creditor), by the driver.'
and
'As we do not know the driver's name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass the notice to them.'

So all the above is irrelevant as they failed to notify me (the keeper) within 14 days so I do not have to provide the details of the driver, therefore they will never be able to pursue that avenue?

All I do is write a simple statement like you stated:
Dear Parking Eye ,
I am appealing as keeper of the vehicle in question. The Notice to Keeper was not received within 14 days and so keeper liability does not apply. Additionally the charge is a penalty (please see the recent Parking Eye v Beavis result which establishes this on the facts of this particular case). The date issued at the top of the PCN clearly shows it is 16 days after the event and therefore provides the evidence that I could not have received the PCN within the 14 days.
If you disagree, please issue a POPLA code.

Apologies, but I find this so complicated!

Appreciate your help.

Guys_Dad

Slightly revised


Dear Parking Eye ,
I am appealing as keeper of the vehicle in question.

The Notice to Keeper was not received within 14 days and so keeper liability does not apply. You are permitted to pursue the driver, but the keeper has no compunction to name the driver , even if he knew. The date issued at the top of the PCN dd/mm/yy clearly shows it is 16 days after the alleged event dd/mm/yy and therefore provides the evidence that I could not have received the PCN within the 14 days.

Additionally the charge is a penalty (please see the recent Parking Eye v Beavis result which establishes this on the facts of this particular case).

If you disagree, please issue a POPLA code which I will be pleased to use.

grungething

Thanks or all your help. I sent the letter as described above but have since received a PCN reminder.


I sent recorded delivery and have proof that it was received and signed for, however 8 days later and I received a reminder.


Is it best I send another letter with reference to the previous one in order to prevent them from saying they have not received one? I am tempted to ring them but am thinking it will be best to keep the letters as a paper record.


I was thinking of sending the same letter but placing at the end: This is my second later and would like notification of a successful appeal or a POPLA code.

Thanks again for all your help

Guys_Dad

I would enclose a photocopy of the signed for receipt as well.

bod1467

But don't bother with recorded this time - a free certificate of posting from the PO carries just as much weight.