ParkingEye charge - Pokemon hunting

Redx

mamamia11 wrote: »

Thank you catfunt - long enough! I'm afraid I was outside the grace period of 15 mins - 43 and 50 minutes. Lots of Pokemon!

Sorry Redx , I don't understand:

"1) yes , plus I think the land is not relevant for POFA2012 anyway"

see the last post by edna basher for the explanation

mamamia11

Edna_Basher wrote: »

Correct - the car park at Town Quay is not relevant land under POFA 2012 which means that ParkingEye's claim is limited only to the driver - you have no obligation to tell them who that was.

However, you still have to go through a two stage process to get your two charges cancelled (the same, separate process for each charge):

1. Submit your initial dispute with ParkingEye (which you can do online). ParkingEye will reject your challenge and will provide you with a POPLA code.

2. Use this code to escalate your dispute to POPLA. With assistance from this Forum you will submit the winning words and ParkingEye will be required to cancel the charge. Job done.


MSE user hoopertr0n is a couple of weeks ahead of you - here's a link to their thread.

https://forums.moneysavingexpert.com/discussion/5503359

Thank you all so much for your guidance. I think I am about ready to send my appeal, but would be grateful if someone could skim through it before I do - you will see that I have added a second point regarding delivery of PCN, but tell me if you think it is unnecessary, or if I have got it wrong.
"
Dear Sir,

Parking Charge Ref. [xxxxxx/xxxxxxx]: Vehicle Registration [AA11AAA] - Formal Dispute

I refer to the above Parking Charge Notice (“PCN”) issued by ParkingEye Ltd (“ParkingEye”) as a Notice to Keeper in respect of an alleged contravention of the terms and conditions of parking at Southampton Town Quay by the driver of the above-detailed vehicle on [Date of Incident].

I confirm that I am the keeper of this vehicle for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally dispute the validity of this PCN on the following grounds:

1. As ParkingEye is already aware, parking at this location is subject to the statutory control of the ABP Port of Southampton Byelaws meaning that Southampton Town Quay is not relevant land for the purpose of POFA. Consequently, ParkingEye has no statutory right to claim unpaid parking charges from me in my capacity as the vehicle's keeper.

2. The PCN was not delivered within the relevant period specified in POFA paragraph 9.5, “a period of 14 days beginning with the day after that on which the specified period of parking ended”. Paragraph 9.6 states that “A notice sent by post is to be presumed…to have been delivered on the second working day after the day on which it is posted”. As the date of the incident was 19/07/2016, and the PCN was issued on 03/08/2016, the delivery date can be presumed to be no earlier than 05/08/2016, 17 days after the incident.

Please provide within the timescales specified under the British Parking Association Ltd Code of Practice, written confirmation that ParkingEye has cancelled this PCN. Alternatively, should you still believe that ParkingEye has a valid claim against me, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate my dispute to POPLA.

Thank you for your cooperation and I look forward to receiving ParkingEye's notification that this charge has been cancelled.


Yours faithfully,"


One other question - I have seen somewhere the advice to send it via the ParkingEye website, but also directly to them by email, and by snailmail. Would you advise this also, or is it unnecessary?

DollyDee_2

Do it online through Parkingeye's website - take a screen shot before submitting.

SPGO

Did you hear anything from them yet/did you send the appeal? I am in almost the exact same situation but from 22nd July (will post a separate thread obviously) so was interested in your progress!

Stupid, wonderful pokemon!

Redx

SPGO wrote: »

Did you hear anything from them yet/did you send the appeal? I am in almost the exact same situation but from 22nd July (will post a separate thread obviously) so was interested in your progress!

Stupid, wonderful pokemon!

PE have 14 days to respond and 35 days to process any appeal

their website acknowldges the appeal AFAIK , so its too early for any reply IMHO

start a new thread, appeal , and wait your 35 days too , so start the process and dont wait around and "time-out"

mamamia11

Appeal sent and acknowledged, now waiting for response.

mamamia11

Edna_Basher wrote: »

Correct - the car park at Town Quay is not relevant land under POFA 2012 which means that ParkingEye's claim is limited only to the driver - you have no obligation to tell them who that was.

However, you still have to go through a two stage process to get your two charges cancelled (the same, separate process for each charge):

1. Submit your initial dispute with ParkingEye (which you can do online). ParkingEye will reject your challenge and will provide you with a POPLA code.

2. Use this code to escalate your dispute to POPLA. With assistance from this Forum you will submit the winning words and ParkingEye will be required to cancel the charge. Job done.


MSE user hoopertr0n is a couple of weeks ahead of you - here's a link to their thread.

https://forums.moneysavingexpert.com/discussion/5503359

Hello again!

As you said they would, ParkingEye have rejected my challenge (their letter dated 6 Sept) and have provided a POPLA code. They tell me "We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure. Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available on the day in question. As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence."

I would be most grateful for any advice you can offer regarding my POPLA appeal - I don't want to get this wrong!

catfunt

Have a search on this forum for recent POPLA appeals, i.e in the last six months or so.
Plenty of examples. The "POPLA DEcisions" thread is a good place to start and should link you to some successful appeals. Try and find one that references "not relevent land" so far as the POFA is concerned.

Also, revisit the NEWBIES thread.

pappa_golf

hit the "not relevent land" hard , POPLA are putting all cases that cite this on hold for a month whilst they decide if they can adjudicate in those circumstances


now if they say by law land is non applicable land for POPLa , then the likes of PE (in the BPA) and VCS (in the IPC) are going to be struggling , as the law of the land (and DVLA KODOE) state that an alternative appeal system must be available


catch 22 for them


if it goes in there favour , then a CC judge (unbiased?) can decide later

king312

Obviously listen to the advice of frequent posters in regards to the appeal.

It is absolutely no surprise your internal appeal was rejected, it is not a jynx, it is how they make money, don't take it personally. As I am essentially a newbie whom has been very lucky with another ParkingEye fine, I will reiterate the Sanshrew advice from the stickies, if you are not also doing it: Contact Leisureworld/port/council too and see if they can cancel it. A two-pronged doduo tactic ;-)