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Another way to dispute a Parking Eye ticket?

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Hi, just got a parking ticket for being in a retail park in Derby, was there for 4 1/2 hours shopping in Homebase/Maplins etc,apparently there were signs saying 3 hours parking only- I didn't expect any in a retail park, or actually notice them or a ticket machine. For Gods sake ,why can't I spend as long as I want shopping ,stopping for lunch in Costa etc,I'm spending my money there!
Anyway, rant over, they sent me a ticket by post and I read on here that it is supposed to be sent out within 14 days, my 'offence' was on the 26/3/16 and date of issue of ticket is 12/4/16-so 17 days. Should I just write back telling them this (I won't mention who the driver was!) and refuse to pay?
On another note, if I was to give them the drivers name and address but they can't trace or find him/her ,what would they then do,as I've fulfilled my obligation to name the driver? Just say for the sake of it that the driver was a member of the travelling community with no fixed abode, or a friend who had moved abroad etc, can they then attempt to sue me as the registered keeper?
I would like the quickest way out of this as I don't have time to go through all the appeals and such that I read about. Thanks in advance,Paul.
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Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 21 April 2016 at 5:03PM
    was the vehicle involved registered to YOUR name at YOUR address , or was it a hire, lease or curtesy car ? had you in fact updated your details (v5) with the DVLA recently


    put your gun away until you can see the target


    you can name someone else , you can give the name of a person living abroad as well , however do you really want to lower yourself to their standards (PE that is)


    remember , perjury can even hurt MPs
    Save a Rachael

    buy a share in crapita
  • Ralph-y
    Ralph-y Posts: 4,685 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    "I would like the quickest way out of this as I don't have time to go through all the appeals and such that I read about. Thanks in advance,Paul."

    you have two choices

    1 get the retailers to cancel ....

    or

    2 appeal

    parkinglie love people ignoring as they then get to take them to court!

    do the appeal to parkinglie and include the receipts .... they often do cancel genuine customers

    after reading the newbies thread

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

    good luck

    Ralph:cool:
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I would like the quickest way out of this as I don't have time to go through all the appeals and such that I read about.

    If there was a quick way round this don't you think it would be on here already!

    Of course the quickest way to get it over and done with is to pay the scammers what they ask for, but no one will advise that on here!
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    The out of time appeal point should be a winner. Spell out why you, as keeper, are not liable but please read the NEWBIES sticky so that you don't make any basic errors.
  • Coupon-mad
    Coupon-mad Posts: 151,653 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 April 2016 at 11:18PM
    ...they sent me a ticket by post and I read on here that it is supposed to be sent out within 14 days, my 'offence' was on the 26/3/16 and date of issue of ticket is 12/4/16-so 17 days. Should I just write back telling them this (I won't mention who the driver was!) and refuse to pay?

    You can tell from the PCN if PE are claiming keeper liability and they are probably not. They tend to use a much shorter set of wording with a white space below it when they know they are posting a NTK too late. And you don't count only to the date on the PCN; using the statute, instead you count to when you received/were served with the NTK, which was this week...so over 20 days.

    If you see the shorter wording on the NTK with a white space like something is missing on the front page, then it is. The POFA part is removed and PE already know they haven't served it in time and can't rely on the POFA.

    After your appeal, expect them to send a desperate letter asking again for the driver's name and address (because they have nowhere else to go with it). Ignore that, DO NOT throw away a perfect defence, do not name the driver who would have a far lesser chance at appeal/defence.
    I would like the quickest way out of this as I don't have time to go through all the appeals and such that I read about.
    Send the usual template appeal from the NEWBIES thread but adding the fact the NTK was served too late for keeper liability. Also include anything to get them to cancel the PCN early, to give them an easy door out (e.g. receipts if the 'driver' has those or a bank statement, or a Blue Badge if applicable to the occupants of the car). PE cancel loads of these at first stage; certainly receipts can close it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • armcosurfer
    armcosurfer Posts: 22 Forumite
    Hi again, ok ,PE has sent me a letter saying that my ''recent appeal - (on the grounds that they sent out the PCN outside of the 14 day period allowed by the Protection of Freedoms act 2012) - has been unsuccessful''. The date of the 'event' was 26/03/2016 and date the PCN was issued is 12/04/2016, I received it a day or so after this. How can they reject this if the evidence is clearly against them? Are they just trying to badger me into paying or do they have any possibility of winning at POPLA?
    They have given me a POPLA Ref number etc. Where do I go from here? Cheers.
  • Northlakes
    Northlakes Posts: 826 Forumite
    Ninth Anniversary Combo Breaker
    One thing that you soon learn habiting this forum is that PE are tenacious even if they are clearly in the wrong. They are just after your money.

    To PE, even though you shopped and spent money at that location (and presumably you have told them that and shown receipts and contacted the landowner to try and get a cancellation?)

    You're now at the POPLA appeal stage but don't go rushing at this, get it right by reading the successful appeals on this forum and the completed cases on Pepipoo.

    Your appeal as 'keeper' will be built round several appeal points not just the late arrival of the PCN which will be,

    1) Keeper liability
    2) Signage
    3) No standing
    4) Reliability of ANPR

    So search and read all the latest forum posts on here and pepipoo and start assembling a detailed POPLA appeal.

    Which retail park was it in Derby, as another appeal point may become available to you if the location is known to us?
    REVENGE IS A DISH BETTER SERVED COLD
  • armcosurfer
    armcosurfer Posts: 22 Forumite
    edited 4 June 2016 at 3:22PM
    Hi,the location was Wyvern Retail Park, Derby. Also just noticed, the PCN does not have the 'warning' POFA paragraph at the bottom of the letter as I've just seen in other PCN's, is this in my favour?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Hi again, ok ,PE has sent me a letter saying that my ''recent appeal - (on the grounds that they sent out the PCN outside of the 14 day period allowed by the Protection of Freedoms act 2012) - has been unsuccessful''


    Also just noticed, the PCN does not have the 'warning' POFA paragraph at the bottom of the letter


    parking eye tell lies
    Save a Rachael

    buy a share in crapita
  • Northlakes
    Northlakes Posts: 826 Forumite
    Ninth Anniversary Combo Breaker
    I'm surprised at Wyvern retail park they allow 3 hours parking as it's so near Derby County, Pride Park football ground.

    I suggested in my earlier post that you contact any retailers on this site you spent money at. Did you do that as PE just want money from you and will say anything to get it? This is the easiest way to overcome a PE, PCN.

    An appeal to the site managers might be a useful step,

    David Comb
    dd 020 7518 0454
    david@harveyspackfield.co.uk
    https://www.harveyspackfield.co.uk

    This site is a bit like other free retail parks such as Riverside, Chelmsford so you might look some of these POPLA appeals to base yours on.
    Was it a pay and display or free? Have you got pictures of the signs?
    REVENGE IS A DISH BETTER SERVED COLD
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