Parking Eye Charge Notice

Redx

EXCEL do take people to court but will string it out as long as possible, so expect demands from any of their "legal team" incarnations, of which there are many (including BW LEGAL amongst others)

do not assume "it is over" until the 6 year statute for MCOL has passed

Fruitcake

Mahone1302 wrote: »

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,' [STRIKE]as such this is [/STRIKE] and is therefore outside [STRIKE]of [/STRIKE]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 [STRIKE]I believe [/STRIKE]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,

I've done a few tweaks that I think may make it scan a bit better.

Mahone1302

Thanks. I'll leave this here until 4pm and if by then nobody has noticed any issues with the letter, I'll get it fired off to PE.

Coupon-mad

Hope you submitted it online, describing the appellant as 'registered keeper'. No snail mail letters to PE.

Mahone1302

Indeed I have! Now to wait for their response.

Coupon-mad

Which will be a rejection letter & POPLA code (or very often, firstly, a begging letter desperately wanting to know who was driving because you've sussed they can't hold the keeper liable)! If you get that, just wait for the POPLA code.

Mahone1302

Predictably they have rejected my appeal! I've been given a POPLA code. What now? Appeal to POPLA down the same lines that I appealed to PE?

Umkomaas

Mahone1302 wrote: »

Predictably they have rejected my appeal! I've been given a POPLA code. What now? Appeal to POPLA down the same lines that I appealed to PE?

Not really. You work through post #3 of the newbies sticky, read through the most recent posts from the POPLA Decisions sticky (April 2016 to date) and do a search on 'ParkingEye POPLA', again April 2016 onwards.

Copy and paste from previous examples into your own draft - but be certain that what you c&p reflects accurately the circumstances of your case.

Post your completed draft here for appraisal and fine tuning.

Coupon-mad

Mahone1302 wrote: »

Predictably they have rejected my appeal! I've been given a POPLA code. What now? Appeal to POPLA down the same lines that I appealed to PE?

Revisit the NEWBIES thread post #3 (about POPLA, which is what I would expect you to have looked at next instead of coming here) where it tells you to search the forum for the word 'POPLA' with the name of the parking firm, of course, to find recent examples.

We are not writing this from scratch but nor will you have to as long as you only base your draft on recent, relevant 2016 POPLA appeals you find when you search. Start looking, start copying & pasting and do NOT read any old examples.

Mahone1302

Thanks. I've had a read and I've got some ideas of what to put in my appeal. Am I right in thinking that PE should have sent me an evidence pack with the appeal rejection letter?