Parking Eye PCN, appealed, confused

LoveNorfolk

My parents received a NTK from Parking Eye for alleged over staying by 16 mins. I helped them send an appeal online (basically outlining the 10 min entry time and similar exit time as the cameras are at entry and exit to car park so they can't prove you were parked), screenshotting the confirmation. Since then they received a letter begging them to reveal the driver, which was not replied to. They have since received another letter saying the amount is outstanding still of £100 and that if they pay by 21/8/16 it will be reduced to £60. So they have a day (lol) to pay it before it goes up upon receiving the letter.

My parents have read the letter to me over the phone and there is no mention of a POPLA code within this letter, so I'm wondering whether to send them an email stating that an appeal has been sent (including the screenshot) and that they have not made a decision on the appeal nor sent a POPLA code?

Time scale:

Date of alleged contravention: 9/6/16
Date of NTK: 15/6/16
Date of appeal sent online: 20/6/16
Date of begging letter: 15/7/16
Date of last letter: 20/8/16

Any advice appreciated.

beamerguy

LoveNorfolk wrote: »

My parents received a NTK from Parking Eye for alleged over staying by 16 mins. I helped them send an appeal online (basically outlining the 10 min entry time and similar exit time as the cameras are at entry and exit to car park so they can't prove you were parked), screenshotting the confirmation. Since then they received a letter begging them to reveal the driver, which was not replied to. They have since received another letter saying the amount is outstanding still of £100 and that if they pay by 21/8/16 it will be reduced to £60. So they have a day (lol) to pay it before it goes up upon receiving the letter.

My parents have read the letter to me over the phone and there is no mention of a POPLA code within this letter, so I'm wondering whether to send them an email stating that an appeal has been sent (including the screenshot) and that they have not made a decision on the appeal nor sent a POPLA code?

Time scale:

Date of alleged contravention: 9/6/16
Date of NTK: 15/6/16
Date of appeal sent online: 20/6/16
Date of begging letter: 15/7/16
Date of last letter: 20/8/16

Any advice appreciated.

Forget the begging letter, its a sham to find out who the driver is, makes it easier for them. All they need to know is the keeper of the car. NEVER SAY WHO WAS THE DRIVER.

They must now send you a POPLA code so can appeal.
You are right about the entry and exit period allowed which you will highlight at your POPLA appeal.

To take the stress off your parents, you can do this for them, but as the registered keeper.

It is really up to your parents if they wish to support this scam

Umkomaas

Your parents (you can write it, the keeper to [squiggle] sign it) should write to say that the appeal has been made, there is nothing further they wish to add. PE must either accept the appeal and cancel the charge, or reject it and issue a POPLA code.

Before firing that off can you check the NtK - does it have a paragraph in it stating they will pursue the keeper under PoFA 2012 if the name of the driver isn't provided - or, is this (usual) paragraph from their NtK missing (they are issuing this type now)? Maybe why they are desperately attempting to wheedle out the driver, otherwise without this information and a non-compliant NtK, they've no one to pursue.

LoveNorfolk

I appealed to them on my parents behalf as the RK. No driver was mentioned. They do not want to pay and are willing to go to court.

They entered and bought a ticket within 3 mins of the 10 minutes stated on the sign. They needed more time so purchased another ticket, having to wait 5 mins after it ran out to buy another due to the queue. This they purchased then left when it ran out. So between the ticket running out and exiting the car park is 11 mins which is 1 min over. The camera is on exit, it can take ages to get out due to queuing to leave and the HGV's that go through the car park to make deliveries.

Do you recommend we write rather than email?

beamerguy

LoveNorfolk wrote: »

I appealed to them on my parents behalf as the RK. No driver was mentioned. They do not want to pay and are willing to go to court.

They entered and bought a ticket within 3 mins of the 10 minutes stated on the sign. They needed more time so purchased another ticket, having to wait 5 mins after it ran out to buy another due to the queue. This they purchased then left when it ran out. So between the ticket running out and exiting the car park is 11 mins which is 1 min over. The camera is on exit, it can take ages to get out due to queuing to leave and the HGV's that go through the car park to make deliveries.

Do you recommend we write rather than email?

Great stuff fight them for such a petty offence. You might like to get a picture of the queuing that goes on to back up your case
Emailing is the way to do it

LoveNorfolk

Of the people queueing or the traffic? I can try as I work not too far, but it's it happening when I'm there! Still, the BPA says they should allow a min of 10 mins for someone to leave.

LoveNorfolk

Umkomaas wrote: »

Your parents (you can write it, the keeper to [squiggle] sign it) should write to say that the appeal has been made, there is nothing further they wish to add. PE must either accept the appeal and cancel the charge, or reject it and issue a POPLA code.

Before firing that off can you check the NtK - does it have a paragraph in it stating they will pursue the keeper under PoFA 2012 if the name of the driver isn't provided - or, is this (usual) paragraph from their NtK missing (they are issuing this type now)? Maybe why they are desperately attempting to wheedle out the driver, otherwise without this information and a non-compliant NtK, they've no one to pursue.

I'm awaiting them bringing the NTK to read as I can't remember what it said, so will check that. I've had an Excel one that wasn't wored correctly which is still ongoing.

beamerguy

LoveNorfolk wrote: »

Of the people queueing or the traffic? I can try as I work not too far, but it's it happening when I'm there! Still, the BPA says they should allow a min of 10 mins for someone to leave.

Yes, the code is in place but most of the PPC's take little notice as they are so desperate to get their hands on your money.

This must be impressed to POPLA. Really cannot see PE taking you to court for a minute ?

Umkomaas

LoveNorfolk wrote: »

I'm awaiting them bringing the NTK to read as I can't remember what it said, so will check that. I've had an Excel one that wasn't wored correctly which is still ongoing.

It will be a bit different to the Excel one. Excel conflate their NtK to hint at keeper liability (to confuse the recipient) but they fail to meet the necessary criteria to hold the keeper liable. When challenged (by those 'in the know'), they will admit they are not using PoFA, but to the uninitiated ......

Whereas PE deliberately omit the PoFA paragraph where, for whatever reason, they know they can't legitimately pursue the keeper.

LoveNorfolk

They have put a paragraph in about POFA, but like Excel they don't state liable just they may recover? Here it is:


Either way 1 minute over technically is very petty. But the main thing is they have not given a rejection nor a POPLA code within the 35 days set out the BPA?

Redx

just fill in the online appeal as KEEPER once more , stating that as keeper you have already appealed once and they should either cancel or issue a POPLA code

PE monitor time on site , not parking time , and if you assume 10 minutes to park up and read the signs and pay , plus MORE THAN 10 minutes to leave the site , the grace time of clause #13 of the BPA CoP is abided by

this will be one of your many appeal points when you get the POPLA code

appeal today , now , online , using your previous appeal (as keeper , not driver) and state that clause #13 protects you as keeper and will be used at popla

so its cancel or popla code time

do it today, online, on their website