PCN Private Eye, Holy Trinity Car Park Newquay

grungething

Hello again,

I have received confirmation from Parking Eye that my appeal was 'unsuccessful due to the fact that parking tariffs apply at this car park'. Seems a little generic and not related to my appeal, but either way I guess I should be happy the fact I have received a POPLA verification code.

Basically after reading the forum and trying to understand the process I have put together the following that I am looking to send to POPLA. As I believe this case should be pretty clear cut due the fact of the keeper being notified outside the 14 day time frame I am unsure whether to write up extra points included in the standard template.

Re: ParkingEye PCN, reference code xxxxxxxxxx
POPLA Code:

I am the registered keeper and I wish to appeal a recent parking charge from ParkingEye. I believe I am not liable for the parking charge as the Notice to Keeper (NTK) is not compliant with the POFA 2012.
The date of the incident was dd/mm/yyyy and the date the issued was dd/mm/yyyy. This can be seen at the top right hand corner of the Parking Charge Notice (PCN) that I have attached to this appeal letter. This is 16 days after event and therefore provides evidence that the keeper could not have been notified within the 14 days stated within the POFA 2012. Therefore keeper liability does not apply.

Kind Regards


Other points I am not sure to bother with???
1) No genuine pre-estimate of loss.
2) No standing or authority to pursue charges nor form contracts with drivers.
3) The signage was not readable so there was no valid contract formed.
4) The ANPR system is unreliable and neither synchronised nor accurate - evidence does not discount two visits shown as one.

Plus one final thing, do I need to state in the POPLA appeal "the keeper has no compunction to name the driver , even if they knew"?? Or is this only a matter for Parking Eye?

Thanks again. After all this at least I might be able to help a few people with some advice too!

Quentin

See here about changes regarding POPLA appeals


http://www.popla.org.uk/update.htm

hoohoo

As POPLA is changing hands, nothing is certain.

Add these other points when you are allowed to appeal. (Currently you can just register that you want to appeal)

1) Signage not adequate to meet consumer information requirements
2) Charge not genuine pre-estimate of loss
3) UTCCR 1999 applies an this is an unfair contract term.
4) No standing or authority

Redx

include everything, in an expanded format, not the template letter , also include the extra details given above too

search for recent 2015 popla appeals against PE that were approved for sending to popla, then plagiarise them

you have to query everything, accept nothing, make them prove their case on each and every point

register your ref number at popla so the ombudsman services can contact you (as its changing)

I repeat, do not use the template letter, that is for the PPC only

a popla appeal is more detailed, as will be an ombudsman services appeal

grungething

Blimey, just when I thought I was starting to understand the process!! Will get back to reading recent posts again!

Thanks again all.

Redx

start with this one

https://forums.moneysavingexpert.com/discussion/5273210

and this gives you a good idea of current wording and the set out, with not a gpeol LAST on the list, followed by the BEAVIS paragraph

https://forums.moneysavingexpert.com/discussion/5307735

Guys_Dad

Your out of time point should be a slam-dunk on its own. Or it would be with "Old POPLA".

POPLA gave the Keeper the benefit of the doubt when they stated that they were not driver and declined to name driver of the day and PPC had lost keeper liability under POFA.

IAS do not. They work on the balance of probabiities that keeper was driving. We wait to see what "New POPLA" decides to do.

Fruitcake

OP, I suggest you edit your original post title and content as I do not believe the proprietors and publishers of the satirical magazine Private Eye run a parking scam, unless times are so hard that they have had to diversify.


The company you are dealing with is called Parking Lie.

ampersand

#11 . op-the reason for never using RD., extra £1.10 apart, is that pp scumpanies can simply refuse to sign. Any 1st class stamped letter is deemed delivered within 48hrs and a CoP is free, as bod tells you.