Parking eye morecambe

Mrscake

Quick update, all three appeals came back from POLA all refused, they have dismissed the 14 day time frame for notice delivery as the postal system is not under parking eyes control, on all three they say payment was not made, which is utter BS so presuming i will have a notice to court soon , i wont be going and my wife insist we pay the £300 .
Thank you for all your help particularly north lakes who put together my appeal and took the time out to pop down and take photos.
Kindest regards

Coupon-mad

Why oh why did you not come back and show us your POPLA draft? You were not meant to send the same short appeal to POPLA

they have dismissed the 14 day time frame for notice delivery as the postal system is not under parking eyes control,

In fact, the postal delivery is under their control, PE choose to use Whistl or iMail. We know for certain that the 'date issued' (which has even been shown to be Christmas Day and Good Friday before!) is simply defaulted to be the day after the computer produced the NTK. It is not claimed to be the 'date posted' (so POPLA cannot look at it and assume so) and in fact it is almost certainly NEVER the date of posting which is fully within PE's control when using these third party posting services.

But it's too late, your POPLA appeals are in the bin. I so wish you had come & shown your POPLA appeal here first.

i wont be going and my wife insist we pay the £300 .

If the defendant won't be attending court (why not? it's not a criminal matter, is more of a meeting, has no effect AT ALL on credit rating and, after all, you are not in the wrong, YOU PAID AND DISPLAYED!) then you would have to pay...unless the landowner will cancel these unfair PCNs? But why on earth would you not fight this? You say you paid:

we bought tickets for all the days we parked! And left within the bought time limit.

So how about a strong email to ParkingEye requiring them to double check for your payments made within ten minutes of arrival; suggest that quite possibly a typo was made with the VRN on each occasion which is not a reason to penalise drivers to the tune of £300! If you are disabled or elderly, say so and stress how this is making you feel and that you intend to write to your MP. Tell them it is vexatious and unreasonable to pursue these charges when you DID pay and display:

enforcement@parkingeye.co.uk

Try it, please follow our advice now and try to get these cancelled.

Also send a letter to your MP, this weekend, get them on board. You do not have to pay just because you lose at POPLA but you need to now grab this firmly by the scruff of the neck to get these unfair charges cancelled.

HTH

Northlakes

This is very annoying as the legislation is quite clear as to keeper liability, the relevant passage from POFA is,

(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service
for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so
that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14
days beginning with the day after that on which the specified period of
parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to
have been delivered (and so “given” for the purposes of sub-paragraph (4))
on the second working day after the day on which it is posted; and for this
purpose “working day” means any day other than a Saturday, Sunday or a
public holiday in England and Wales.

I think the OP has got to go back to the chief adjudicator on this providing the driver has not been named accidentally.

I think we have another untrained adjudicator at work trying to get through appeals in the allocated 30 minute time slot.

Elysander

Mrscake wrote: »

Quick update, all three appeals came back from POLA all refused, they have dismissed the 14 day time frame for notice delivery as the postal system is not under parking eyes control, on all three they say payment was not made, which is utter BS so presuming i will have a notice to court soon , i wont be going and my wife insist we pay the £300 .
Thank you for all your help particularly north lakes who put together my appeal and took the time out to pop down and take photos.
Kindest regards

Did your POPLA appeal include 'no standing or authority' ? If so, what did Parking Eye provide in their evidence pack to confirm they had authority?. Parking Eye lost at POPLA in April of this year by providing POPLA with an unreadable copy of the alleged contract for this car park.

http://forums.pepipoo.com/index.php?showtopic=103577&st=60

Marktheshark

Start a complaint with POPLA and demand an investigation.
keep it simple :
The adjudicator is over ruling legislation with opinion.

POFA 2012 sets out in law the keeper liability.
POPLA like everyone else in this country are subject to abide the same laws.
Make the point that adjudication that is incorrect in statutory legislation can ever be binding.
complaints@popla.co.uk

Northlakes

This is the draft POPLA appeal which I hope the OP used as a basis of his appeal.

https://www.dropbox.com/s/6dmeilh0l0ugj4g/POPLA%20appeal%20draft%20Late%20NTK.doc?dl=0

This does include the no standing argument.

Mrscake

Northlakes wrote: »

This is the draft POPLA appeal which I hope the OP used as a basis of his appeal.

https://www.dropbox.com/s/6dmeilh0l0ugj4g/POPLA%20appeal%20draft%20Late%20NTK.doc?dl=0

This does include the no standing argument.

It is indeed the one i used, i will add, their evidence included graphics of the signage as opposed to the actual signs, and i still couldnt read the small print,there was NO evidence provided as to if they had planning permision to put up the signs, there was however a signed by the land owner permission to operate but also not a hope in hell of reading it. And my wife is disabled and it is taking its toll and £300 hit is massive to us.
I appreciate its not a criminal case but we cant afford to be getting into courts and fighting these thugs, already lost three appeals. I didnt put up a draft as i didnt want to show my hand and it was a great defence i thought, i thought alone the 14 day would and indeed should have been enough to pass the appeals.

Coupon-mad

And my wife is disabled and it is taking its toll and £300 hit is massive to us.

So that's why you need to grab this by the scruff of the neck now. You PAID AND DISPLAYED and your wife is disabled so tell PE that. I've given you the email address to use. This is not an 'appeal' this is you emailing PE's enforcement team to demand that they double-check because all you can think is that a typo in the VRN occurred, possibly as a feature of age/eyesight issues/disability like here:

http://www.dailymail.co.uk/news/article-3708573/Elderly-man-threatened-bailiffs-slapped-160-fine-1-parking-ticket-MISTYPED-registration-number-shopping-disabled-wife.html

we cant afford to be getting into courts

It doesn't cost you anything at all to defend these charges and they cannot add solicitors fees. Paying £300 now would be awful. Please try to rescue it now with a real effort by email. And involve your MP on Monday, please.

Personally I think any complaint to POPLA is pointless. They were wrong to assume that PE can't be liable for the post (they can as they use an external company where PE themselves maintain the choice of when batches are posted). The truth is, the 14 day timing is set in stone in the Act and a Judge would give you a fairer hearing. But let's try to avoid that.

Show us your planned email to ParkingEye pressing them again to look for those payments and telling them of any age/eyesight problem the person who paid might have AND your wife's disability - and how this awful experience is affecting you so much that you will take it up with your MP if the charges are not cancelled by Monday.