Parking eye - notice to keeper

Bookworm195

I am after a bit of extra advice. I received a parking notice from ParkingEye As the registered keeper. On reading advice on the forums, I checked the info and have realised ParkingEye sent the notice to keeper out after the 14 days. Looking at others different threads I was going to appeal to them first with just this point or do you Think I should use the template letter & include the point. Sorry to ask but as I read more about it I get more unsure which best way. Also is it right it's best to email rather than send the appeal. Thanks

Redx

use the template letter and add it as an extra point

do not name the driver nor infer who was driving

appeal on their website, for free

ampersand

Take a screenshot as proof if you don't prefer a paper trail [I do, with free COP from any PO]
Any letter with a 1st-class stamp is deemed delivered within 48hrs.
#
Redx - 'imply who was driving' for this one, just in case op uses wrong word.

lalgm1106

PLEASE HELP!!! WHAT DO I DO?? PARKING EYE FINE

I received a parking charge letter in March 2015, i appealed it straight away advising i had tried to use the machines in the car park however they were not working. They replied saying there were other machines that were working so i should have used them. I replied advising i did not know where the other machines were and that if i had gone hunting for them i would have been late for my daughters appt, i also advised that when we had finished the appt i took my daughter straight home as she has been sedated. Not heard anything since and today got a letter dated 07/08/2015 saying that i could not go to POPLA as 28 days had expired and they now want £70 off me in the next 14 days or they will start court proceedings.

What do i do????? I've checked the website of the hospital and its now £3 for the parking that i should have paid if the machines i tried were working!

I don't want to pay it but i don't want to end up in court either for something so stupid!

Herzlos

lalgm1106 wrote: »

PLEASE HELP!!! WHAT DO I DO?? PARKING EYE FINE

I received a parking charge letter in March 2015, i appealed it straight away advising i had tried to use the machines in the car park however they were not working. They replied saying there were other machines that were working so i should have used them. I replied advising i did not know where the other machines were and that if i had gone hunting for them i would have been late for my daughters appt, i also advised that when we had finished the appt i took my daughter straight home as she has been sedated. Not heard anything since and today got a letter dated 07/08/2015 saying that i could not go to POPLA as 28 days had expired and they now want £70 off me in the next 14 days or they will start court proceedings.

What do i do????? I've checked the website of the hospital and its now £3 for the parking that i should have paid if the machines i tried were working!

I don't want to pay it but i don't want to end up in court either for something so stupid!

First, start a new thread.

Next, go and complain to PALS at the hospital and get them to cancel the charge.

Ralph-y

first thing .... calm down.

second have a read through the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

third , please start a new thread as we will only deal with one problem one thread ...

this makes sure that messages / advice do not get crossed over....

Ralph:cool:

Bookworm195

Thanks very much for your reply, I have drafted an appeal putting in the extra about the Notice to Keeper being over the 14 days and wouldn't mind if you could have a look over and let me know if all ok. Thanks

Date xxxxx

Dear Sirs
Re: PCN No. xxxxxxx

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

a).Your Notice to Keeper was not received within 14 days so keeper liability does not apply. The date issued at the top of the PCN xxxxxxx clearly shows it is 17 days after the alleged event xxxxxxx and therefore provides the evidence that I could have not received the PCN within the 14 days.
b). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
c) The sum is extravagant and unconscionable and cannot be justified.
d). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Redx

you have 2 lots of d)

correct it and its good to go

The_Deep

Nonsense I am afraid, why should you include a "drop hands offer", they are out of time, you do nit need to suck up to them. They use PoPLA, so why mention the IAS? Why withdraw the contract? They are out of time.

Guys_Dad

You only need the out of time point. and no other at this stage. When PPCs miss the deadlines and BPA are involved, in general you need only the single point of challenge and no need to get it messed up with the general appeal points.


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

Your Notice to Keeper was not received within 14 days so keeper liability does not apply. The date issued at the top of the PCN xxxxxxx clearly shows it is 17 days after the alleged event xxxxxxx and therefore provides the evidence that I could have not received the PCN within the 14 days.

The purpose of having a specified time scale for keeper liability to apply is that after a period of time, the keeper may not recall who was driving at the time, as is the case in this instance.

I invite you to cancel the charge or provide me with a POPLA code where, I am confident, they will cancel the charge on this point.