Parking Eye - Time Limit for NtK

tlc275

Hi,

Can someone please just clarify something for me - Long story short, My husband (as the registered keeper) received a charge from Parking Eye (I stayed 17 minutes too long in a carpark in Chelmsford).

I have been reading through tons of different info and forums here and on other sites and came across this:

2) Where a NtK is sent via the post (and no NtD was issued at the time of the parking event) then the PPC must serve the NtK on the registered keeper within 14 days. If the NtK is either posted or received outside the 14 days then the PPC has failed to comply with the statutory requirements of PoFA and the registered keeper cannot be held legally liable for the driver’s debt.

Can someone clarify what this means? I parked in the carpark on 31st July, the NTK was sent to my husband on 8th September does this mean we can get out of paying on this basis? Or have I misinterpreted the above paragraph?

Thanks in advance,

Teri

Marktheshark

make sure "hubby" now knows what their signs look like and knows to keep out and stay away from any car park where this firm operate.
If this does not sink in, you are going to be giving a lot of your money to theis firm and fighting court cases and getting CCJ's

What you should do with this is appeal to PE on no keeper liability, get a POPLA code and then appeal to POPLA.
You would be foolish to belive a judge will take any notice of the law, they are very smitten with this firm, it is owned by firm who is a senior member of the law society.

You wont get ANY justice from the courts.

Hence why you read the stickies, appeal and then do POPLA.

Umkomaas

If you'd have appealed it at the time, probably yes, via POPLA. But you've missed PE's self-imposed 28 day appeal window. You could be well on your way to receiving debt collector letters, even court papers.

But you do need to check out the new EU regulations on ADR (Alternative Dispute Resolution) to familiarise yourself, you may need to go down that route if PE up the ante.

Was this the Riverside Retail Park? If so, you need to check out Beavis -v- ParkingEye at the Supreme Court.

pappa_golf

is the car registered at your home address , or is it a hire/lease car , and secondly have you recently moved house?

salmosalaris

Just check you are not dealing with a reminder and an NtK was delivered in time
If not


Dear PE
Re PCN

I am the registered keeper of vehicle xxxx
You will be aware that your NtK was delivered outside of the 14 day timescale as required by schedule 4 of POFA .
I therefore cannot be held liable for your supposed charge.
If you do not accept but reject this challenge then please issue a POPLA validation code for me to refer this for independent adjudication . . Any excuse that I am out out of time for appeal is invalid as that is a time restraint imposed by yourself , unlike the statutory timeframe imposed by POFA for the delivery of an NtK .
Alternatively you may wish to cancel your charge .
I expect a reply within 7 days

(Up) yours
Xxx

4consumerrights

tlc275 wrote: »

Hi,

Can someone please just clarify something for me - Long story short, My husband (as the registered keeper) received a charge from Parking Eye (I stayed 17 minutes too long in a carpark in Chelmsford).

I have been reading through tons of different info and forums here and on other sites and came across this:

2) Where a NtK is sent via the post (and no NtD was issued at the time of the parking event) then the PPC must serve the NtK on the registered keeper within 14 days. If the NtK is either posted or received outside the 14 days then the PPC has failed to comply with the statutory requirements of PoFA and the registered keeper cannot be held legally liable for the driver’s debt.

Can someone clarify what this means? I parked in the carpark on 31st July, the NTK was sent to my husband on 8th September does this mean we can get out of paying on this basis? Or have I misinterpreted the above paragraph?

Thanks in advance,

Teri

I do hope you are not mixing up the original parking charge notices (notice to keeper) and a keeper liability letter ?

As from the dates provided as described from the date of parking it is likely that a keeper liability letter could have been dated 8th September.

However, 8th September is over three months ago... so what is the latest correspondence you have now received?

tlc275

Hi, thanks all for your responses. Sorry, I should have elaborated more in the initial post.

We had just moved house, the original ntk was sent to our old address, which then took a few weeks to get to us. To be completely honest, I did plan to appeal it at the time but I cocked up, in the chaos of having just moved it completely slipped my mind. They then apparently sent a further letter to us at our new address, which we have never received.

We then got this "Letter Before County Court Claim" to our new address. It states in there:

"On the 8th September 2015 we notified you that, as the registered keeper of this vehicle, you had become liable for this Parking CHarge, which was issued following a breach of the terms and conditions and Riverside Retail Park, Chelmsford on the 31st July 2015. This notified you that the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) for Keeper Liability has been satisfied. Please note that this charge is levied for breach of Contract"

It then goes on to say that they did not receive an appeal within 28 days outlined and that they have since contacted us further at a new address. It also states the original parking charge is attached but it is not.

I read the paragraph above that they notified us initially on the 8th September, which is well outside the window, am I wrong?

salmosalaris

Ignore my letter in the above post .
It sounds like the NtK was delivered in time , the 8th September refers to the date they advised that the keeper became potentially liable ,

You need to reply to their LBA
Need a little bit of information on the "parking event " so can formulate a proper reply. I presume it was an overstay , if so how long ?
This will be a tricky one because it is the same car park as Beavisf so there will be little point arguing most points

catfunt

When was the original NtK issued?
If it really was 8th Sept then it is out of time.

salmosalaris

@catfunt
I'm afraid you are wrong . You are confusing Notice to Keeoer with a letter advising of Keeper liability

And I see you've edited your post , good that prevents confusion .

tlc275

No, definitely no windscreen ticket. I was thinking of requesting the original documentation particularly as it was not attached in their most recent letter (despite stating it was). Would this buy me some time?

Yes it was an overstay of approximately 20 minutes (think it was actually about 17 but I do not have the details to hand). I was shopping in the centre with two children (which always takes longer than a "normal" trip!) , If I recall correctly, it was very busy and therefore took some time to actually park, and we had to queue to get out as its a one way car park and there was a bit of congestion by the Macdonalds drive through which you have to get past in order to get out. If I can find receipts/proof or purchases from the stores there will that help do you think?

Thanks,

T