Parking Eye Charge Notice

Mahone1302

Earlier this month I received a parking charge notice (Notice to Keeper) from Parking Eye by first class post. Although it was issued last month it went to my old address (where my ex lives) as the DVLA are in the process of amending my cars registered keeper address, hence me not picking it up until earlier this month.

If I'm understanding POFA 2012 correctly, this notice may have been issued outside of the legislation? Everything on the notice looks to be as required, however the date of event is listed as 24/04/2016 and the date of issue as 10/05/2016. My understanding of POFA is that if the NtK is posted to the keepers address, it must be posted so that it is delivered to that address within 14 days from the day after the 'parking event'. Now, not only was this letter not delivered within 14 days, it wasn't even issued within 14 days. The date of issue is 16 days after the date of the event, and hence 15 days from the day after the date of event.

Have I understand this correctly, and if so what should my next step be? Ignore it, write to them pointing out the breach of POFA and stating that I'm not liable/won't have any more contact with them, or go through their appeals process?

Just to confirm, there was no notice to driver left on the vehicle at the time of the event. This is an ANPR monitored car park.

Fruitcake

Never ignore a PCN! That is bad, old advice.

You are correct about the NTK not being POFA 2012 compliant, but parking lie won't care about that.

Appeal as keeper using the BPA template in blue that you will find in the Sticky thread for NEWBIES. Very carefully add a comment that the NTK does not meet the requirements of POFA 2012 so they should cancel otherwise you will cost them when you win at PoPLA. I say carefully because you must not reveal who was driving.
Quote the relevant sections of POFA that they have not complied with. Unfortunately they may still pursue this as they are a nasty company, but you must make the initial appeal because parking lie take thousands of people to court each year.

Look at post 2214 here as that is exactly what another poster did to get theirs cancelled.

https://forums.moneysavingexpert.com/discussion/4488337


Also make sure you tell them of your new address, as keeper, but be warned that they may deliberately ignore this and keep sending stuff to your old place.

System

Never ignore a PCN! That is bad, old advice.

Is it? Plenty people do it successfully. You just need to know when you can ignore and why.

Fruitcake

IamEmanresu wrote: »

Is it? Plenty people do it successfully. You just need to know when you can ignore and why.

I agree. It is bad advice if you don't know which ones are safe to ignore, PE not being one of them.

System

PE not being one of them.

Yes, quite.

write to them pointing out the breach of POFA and stating that I'm not liable/won't have any more contact with them, or go through their appeals process?

If the dates show that they cannot invoke POFA but the paperwork says it can, then yes. And send in a letter of complaint to aos@britishparking.co.uk

(Text removed by MSE Forum Team)

Parking companies are audited by the DVLA so "mistakes" are reduced/removed. So flagging up the issues to the BPA/DVLA tends to get these sorted/cancelled.

You are not in Scotland or Northern Ireland are you?
However check to see if the paperwork does mention POFA.

Mahone1302

Fruitcake wrote: »

Never ignore a PCN! That is bad, old advice.

You are correct about the NTK not being POFA 2012 compliant, but parking lie won't care about that.

Appeal as keeper using the BPA template in blue that you will find in the Sticky thread for NEWBIES. Very carefully add a comment that the NTK does not meet the requirements of POFA 2012 so they should cancel otherwise you will cost them when you win at PoPLA. I say carefully because you must not reveal who was driving.
Quote the relevant sections of POFA that they have not complied with. Unfortunately they may still pursue this as they are a nasty company, but you must make the initial appeal because parking lie take thousands of people to court each year.

Look at post 2214 here as that is exactly what another poster did to get theirs cancelled.



Also make sure you tell them of your new address, as keeper, but be warned that they may deliberately ignore this and keep sending stuff to your old place.

Thanks, I'll do this.

IamEmanresu wrote: »

Yes, quite.

If the dates show that they cannot invoke POFA but the paperwork says it can, then yes. And send in a letter of complaint to [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL] with a copy to [EMAIL="david.dunford@dvla.gsi.gov.uk"]david.dunford@dvla.gsi.gov.uk[/EMAIL].

Parking companies are audited by the DVLA so "mistakes" are reduced/removed. So flagging up the issues to the BPA/DVLA tends to get these sorted/cancelled.

You are not in Scotland or Northern Ireland are you?
However check to see if the paperwork does mention POFA.

I'm in England. There is no mention of POFA on the paperwork.

System

I'm in England. There is no mention of POFA on the paperwork.

Revert to plan A. They are not / can't invoke Keeper liability and you were not the driver. Then add the request / requirement to remove all your personal details from their systems and to "cease processing" or explain it to the Information Commissioner's Office.

Umkomaas

Having never been issued this I decided that I'd wait to see if Excel got in touch with me. Touch wood, to date they have not.

They have six years to pursue this to court. If you get a 'Letter Before County Court Claim' (or similarly headed) or real court papers from Excel (not Rossendale), DO NOT ignore them.

Mahone1302

I've had a look at the sticky and the BPA template doesn't appear to be 100% applicable to my situation, so I've amended it. Before I send it off however I thought I'd post it here for opinions. Would this be suitable?

---

6th June 2016

Dear Sirs

Re: PCN No. xxxxxxxx

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

Under schedule 4, paragraph 4 of the Protection of Freedoms Act 2012, for the creditor (yourselves - ParkingEye) to have the right to recover any unpaid parking charges from the keeper of the vehicle (myself), certain conditions must be met as stated in schedule 4, paragraphs 5, 6, 11, and 12. It is my belief that you have failed to fulfill the conditions of paragraph 6; which states that you must have provided myself as the registered keeper with a notice in accordance with paragraph 9. Paragraph 9 states:

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.


The applicable section here is (b) as the Parking Charge Notice that I have received was delivered by post. Furthermore, paragraph 9(5) states:

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.

The Parking Charge Notice sent to myself as Registered Keeper, was issued on 10/05/2016, this is 16 days after the event, 24/04/2016 and as such is 15 days after the 'specified period of parking ended,' as such this is outside of the 'relevant period' of 14 days. As this notice was issued one day after the 'relevant period' had ended, it would be impossible for the notice to have been delivered within the 'relevant period' as required under paragraph 9(4)(b). This I believe means that you have failed to act within the legislation set out in the Protection of Freedoms Act 2012 and as such can not pursue me, as the registered keeper, for any unpaid parking charges.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

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

Yours faithfully,

Mahone1302

IamEmanresu wrote: »

Revert to plan A. They are not / can't invoke Keeper liability and you were not the driver. Then add the request / requirement to remove all your personal details from their systems and to "cease processing" or explain it to the Information Commissioner's Office.

Sorry, what was plan A?

Mahone1302

Umkomaas wrote: »

They have six years to pursue this to court. If you get a 'Letter Before County Court Claim' (or similarly headed) or real court papers from Excel (not Rossendale), DO NOT ignore them.

I won't ignore it - I work within the legal system (criminal as opposed to civil however) so have a good idea of what can and can not be ignored. Are Excel likely to take action now, 4 months after the last correspondence was sent out?