Parking Eye Fine... Am I the registered keeper?

Doughty1408_2

I recieved a parking eye fine yesterday which I knew I was going to receive and was issued the 9th July . The story....

I drive a company lease car (Arval) On the 5th June I parked at home bargains Pwllheli for 1 hour 40 mins and 17 seconds according to the ANPR system. I recieved a letter from my employer on the 24th June stating I had been fined and to wait for fine from the PPC who is parking eye.
I've read the newbie thread and the Internet and a few points I'm confused by.

1) am I the registered keeper for the vehicle or are Arval? Either way does the issue date of the 9th July means they haven't issued the fine in time?

2) the fine states I stayed in the car park for 1 hour 40 minutes and the signage says a maximum of 1 hour 30 minutes. As there is a grace period of 10 minutes does this void the fine?

I do have a receipt and a bank statement from home bargains which I already intend to use for the appeal process along with my partner having to breastfeed my youngest child before I could leave the car park.

Your feedback is much appreciated

pappa_golf

you are the "keeper" , might not be the driver , Aviva are the registered keeper , however the BPA have set grace period guidelines , both on entry and exit , and PE will have set the cameras on the entry/exit , not the car park times


PE will have written to Aviva in the 14 days allowed , Aviva have replied within the required 28 days and then PE have sent you a letter


note their wording


"the fine states I stayed in the car park for 1 hour 40 minutes "


you are allowed a grace period on entry and at least 10 mins on exit

Doughty1408_2

So I dont have a leg to stand on for the the POFA 2012 and the registered keeper as I'm assuming they contacted them within the 14 day period. However for the time in car park of 1 hour 40 minutes I should be including this in the appeal.l?

I will also request them to justify the fine in my appeal too. I missed that off the previous.

pappa_golf

you are not the registered keeper .


go and talk to the managers of shops , get them to get it cancelled

Doughty1408_2

As I live 100+ miles from the store I won't be able to. I've already had the standard e-mail back from Clare stating go through the appeal process.

Coupon-mad

Doughty1408 wrote: »

So I dont have a leg to stand on for the the POFA 2012 and the registered keeper as I'm assuming they contacted them within the 14 day period.

How do you conclude that?

Cases where the car is leased/hired are among the EASIEST to win.

You are the hirer/lessee when it comes to doing the online appeal to PE but don't do that until you get your own PCN.

DO NOT say who was driving, of course.

You have so solid a case that I wouldn't be surprised if PE cancel straight away when you appeal, when you get your own PCN in the post, which you will. Main thing is to be the 'hirer/lessee' which PE do offer as an option.

Doughty1408_2

It was a question not a statement. Apologies coupon!

I have already recieved my PCN yesterday so will look at beginning the appeal process. I just didn't want to base my appeal on statement that are incorrect.

I think with a receipt, bank statement, the 10 minute period and my partner breastfeeding I stand a chance.

Coupon-mad

So do I, especially as you also have a single-page PCN that does NOT include hirer/lessee paperwork (see paras 13/14 of Schedule 4 of the POFA). That's the reason you appeal as hirer/lessee.

So you have another winning point at POPLA stage which PE can't beat, can't undo. They should be stuffed even if they reject the appeal but be careful not to give the driver away by talking about your partner feeding the baby and implying that the only other person was you.

The_Deep

Personally, I would omit the infant nutrition and make a single point appeal on grace periods, how can you lose?

Coupon-mad

'infant nutrition'!

nigelbb

The_Deep wrote: »

Personally, I would omit the infant nutrition and make a single point appeal on grace periods, how can you lose?

Quite easily. The current crop of POPLA assessors (& by extension their managers & Ombudsman Services) are ignorant &/or poorly trained & frequently come up with perverse decisions contrary to the law & the BPA Ltd CoP.

The grace period argument will be open to debate as the car was timed at 17 seconds over the minimum ten minute grace period at end of parking laid down in the BPA Ltd Cop. On arrival the CoP says that the motorist should be allowed the a reasonable grace period to decide if they are going to stay or go. Reasonable would seem to imply more than 17 seconds but the actual amount of time that is reasonable is not defined.

The absence of necessary documents with the Notice to Hirer is not debatable & is always a guaranteed win at POPLA.

Personally I wouldn't go for a single point appeal on either grace period or missing documents but appeal on both.