ParkingEye - PCN Issued over 14 days

carolinen07

Afternoon everyone,

My OH has received a PCN from Parking Eye for parking 31 minutes over his 5 hour time limit due to an urgent call from work.

I have read, and will be sending over, the letter with the information detailed on the NEWBIE sticky regarding the PCN; however would just like to put a question out there.

I have been trying to find the amount of time in which we are to be notified of the PCN. The incident happened 31st July 2015 and this notice was issued 21.08.2015 and received 25.08.2015. Therefore there was a total of 25 days in which they have taken to inform us of the PCN.

Does anyone know if this is relevant? I have tried to google but I can only seem to find the time in which the payment requires to be made.

Thanks in advance!

I would also like to note the Operators Handbook I found on a website:

http://forums.pepipoo.com/index.php?showtopic=82044

This lists the rules / guidelines that Parking Enforcement companies / councils etc. have to adhere to. May provide useful to someone?

Redx

yes its relevant

your appeal should tell PE that they have failed to meet the 14 day criteria under POFA 2012 so the keeper denies liability and will not be revealing who was driving

thie POFA 2012 point is also relevant when your appeal goes to the Ombudsman Service when they reject your appeal and give you a popla code

ie:- the keeper isnt liable , only the driver, who you are under no obligation to name (so dont)

ManxRed

I take it there was no ticket left on the windscreen at the time?

Mind you, even if there was they've still screwed up the dates.

carolinen07

Hi both Redx and ManxRed.

Redx - That's great - I will add this to the template letter. If anything, this will be the clincher as I'm aware you can get out of speeding tickets via this time frame? Just wanted to ensure that it was relevant in this instance too!

I have made sure that the letter states 'registered keeper' and not 'I the driver' or anything that can be incriminating!

ManxRed - It was an ANPR system. I have already looked at the arguement against the timeframe of this if they reject my letter ....

Thanks guys. I'll keep posted of the letters. Have also put link to the Handbook if this is of any use?! x

Umkomaas

It might be the clincher with speeding tickets, but in the game of private parking, nothing is ever certain.

Whilst they may do, I wouldn't make any assumptions that PE will roll over. Hope I'm wrong, but regulars here have seen too many hopes dashed. Don't be disappointed if your initial appeal fails, there's plenty more ammo available to you.

carolinen07

Hey guys

Update on this. They have, of course, rejected the appeal yet have sent a standard template response. They have not addressed any of my issues; specifically the failure to notify within 14 days

Am I best to now request the POPLA code as All forums indicate; or re-issue the letter regarding the 14 day notification. Or perhaps both?

Will take a read of the forums to refresh but any further suggestions (that are not already noted in forums as don't want folks wasting time duplicating ) ) would be grand.

Will keep posting update and any correspondence if anyone needs this going forward.

Umkomaas

Wasn't there a POPLA code included in their letter of rejection? In which case, it's time to make a complaint to the DVLA and BPA (email addresses in NEWBIES FAQ sticky, post #6).

The BPA (and DVLA) gave the following written warning to PPCs - this warning is still current:

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

So refer to this in your complaint and ask the BPA how many sanction points will be issued to PE as a result of their breach of these instructions.

enfield_freddy

before we go any further ,
is the V5 for the vehicle registered in your or Other halfs name at your currant address?
have you recently moved there?
and is this a hire/lease/company vehicle?

carolinen07

Hi Umkomaas - An initial letter was sent to refuse the payment. Their response was a 'rejection of invalid invoice' letter which basically states:

ParkingEYe is a car park management business contracted by the owners of private land to manage its usage in line with landowner's directions.

All invoices issued to PE in relation to any alleged loss, cost, or expense or payments sought in relation to payment, appeal, or any other issue by motorists are categorically rejected.

You have not formed a legally binding contract with PE, under which any right to invoice for payment for goods or services may arise; there as stated your invalid invoice is rejected.

A further letter then states that the appeal 'has been rejected due to the fact that parking tariffs apply at this car park'.

They have then advised:

- There is an independant appeals service POPLA which is available ..... POPLA appeals and info can be found at xxxx

- If you appeal to POPLA and appeal is unsuccessful you will not be able to pay discounted price.

this is the extent pretty much of the letter.

In my original letter I did not request a POPLA code though - would I still be entitled to complain? If so - I'll get right on this today!! Always good to know as as much as you read all these posts I, at least, can never get to the end of it as there is always lots of new information!

Additionally - Will I need to again write to them to inform them this is the route I have taken?

Enfield freddy - The car is a leasehire car. He is the registered keeper and we have resided at the home for a few years. My main issue was that they had not sent the notice within 14 days (we received it about 29 days later!)

C x

The_Deep

My main issue was that they had not sent the notice within 14 days (we received it about 29 days later!)

Indeed, I really do not see that they have a leg to stand on, if they have timed out, they have timed out, why do they waste money thusly?

Surely a single point appeal is all that is needed.

Umkomaas

1. Are you sure there isn't a 10-digit verification code within the letter?
2. Did they not attach a pre-prepared POPLA appeal format with the code in the bottom left-hand corner?
3. Did the link they provided not take you to a pre-populated POPLA online appeal form?