Parking Eye PCN, appealed, confused

LoveNorfolk

They are laughable! Everything I've sent them is what Parking Eye already had, I feel like replying that! Her response:

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]Your comments have been duly noted. [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]We have asked you for more information to review your case, which before our previous response you had not supplied. Since it is not possible to comment without knowing more information, it is not unreasonable to request as such. [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]We will review this and revert to you shortly. [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]Yours sincerely, [/FONT][/FONT]

LoveNorfolk

oskiwowwow wrote: »

Thanks for the posts here, LoveNorfolk. I've just got a reply from the same Joanna Barnes who is denying that PE is in the wrong having used an incorrect address for our NTK etc. She might end up with a lot of problems in her inbox soon! Arrgh. This thread has been helpful too, cheers!

No problem, you have to wonder how on earth people like this work believing they're right!!

LoveNorfolk

Replied this:
[FONT=Calibri,Arial,Helvetica,sans-serif]Dear Joanna,


Everything I have sent you, Parking Eye already had since they were the ones sending the letters!! The parking tickets were sent with both appeals. They had everything they needed. No excuse.
[/FONT]

Redx

thats the idea, keep up the letter tennis and always play the smart one

I like it , lol

LoveNorfolk

Well, she doesn't like that, does she??!

"As the burden of proof is on the accuser, if you wish to submit a complaint about an operator, the onus is on you to supply information should we request it. We are a membership association and do not have the resource to deal with individual parking charge notices. On this occasion, we have decided to contact Parking Eye to confirm their appeals process, as based upon the information supplied, it is indicative that the appeals process has not yet been completed. Please note that this is not deemed to be a breach of the code.

We will revert in due course."

How on earth can the appeals process not be completed after over 80 days!! Jesus wept!

LoveNorfolk

Reply winging it's way to her....

"
Dear Joanna,


You may think it is not indicative that the appeals process has not yet been completed, which may not be deemed breach of the code, but they should respond with a decision within 35 days of receipt of the appeal. They did not. They should also not raise the charge whilst an appeal has not been resolved. Which they did. These you will find are breaches of the code.


I look forward to your response once you have dealt with Parking Eye. May I take this opportunity to give you this further information your member might find useful, should I prevail in this matter, I will be seeking monetary compensation for the time I have wasted on this matter due to the unreasonable behaviour. (CPR27.14.(2)(g))".

oskiwowwow

Sigh. This is all great from your (correct) end, LoveNorfolk... but while I've been considering my next reply to Dear Joanna at the BPA it all makes me wonder whether the time spent is going to be worthwhile?! There are far more pressing issues I've got to deal with. Another sigh.

Thanks again for keeping us updated!

LoveNorfolk

So a reply has come back saying appeal rejected (no surprise), apparently a PoPLA code is being provided. Just got to wait for that and I will have to work with parents on submitting that. It's in the newbies thread right?

"Thank you for your patience.

We note you feel that several points of the code has been breached, however, please be aware that the CoP is not a legal document, we are not a regulatory body, and we do not have legal authority over our members. The appeals process is a guideline for members to adhere to, and since every firm is individual they will have their own internal processes and procedures. The appeals process in the CoP within England and Wales, outlines the following regarding an appeals procedure.

“22.1 Under the Code you must have procedures for dealing fairly, efficiently and promptly with any communication from the motorist. The procedures must give drivers and keepers the chance to appeal a Parking Charge Notice…”

22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to appeal the enforcement action… “

22.8 You must acknowledge or reply to the appeal within 14 days of receiving it. If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist”

In England and Wales, if a parking operator does not know the name and address of the driver they are able to hold the keeper liable under Schedule four of The Protection of Freedoms Act 2012. Additionally, if an appeal is received, parking operators are able to request additional information to process an appeal.

In this case, Parking Eye has explained the appeal has been referred for more information as per their letter dated 15 July, and they asked that you name the driver. To summarise;

· A parking charge notice was issued dated 15 June via ANPR recognition and sent in the post.
· An appeal, not naming the driver, was submitted to Parking Eye on 20 June [they acknowledged receipt within 14 days]
· As the driver was not named, a letter dated 15 July was issued by Parking Eye, it explains the appeal was referred for further information, and the charge was on hold for 28 days; it also requests the driver to be named. [The appeal was placed on hold for a further 28 days]
· No response was received, so a further reminder letter was issued by Parking Eye dated 20 August
· A further appeal was submitted by you 20 August, but unfortunately the driver was still not named
· Parking Eye advised that as of 9 September that, they have processed the appeal, and responded to the Registered Keeper.

Parking Eye have now provided an outcome to the appeal based upon the information they have, within timescales we would expect. Therefore none of the above is considered to be a breach of a point of the code.

Regarding the cost of the parking charge, as would have been explained in the parking charge notice dated 15 June, the charge is £100. The offer to pay at a discounted rate is for a short period only, (in most instances 14 days) and that would be specified on the parking charge notice. Therefore, as the payment was not made, the actual charge of £100 would have been frozen for the duration of the appeal. Therefore the scenario described is not deemed to be a breach of a point in the code. Please also note that Grace periods do not have to be advertised on signage at a site.

In conclusion, as the appeal has now been rejected by Parking Eye, your next course of appeal is to take the matter directly to POPLA. While we appreciate this may not have been the response you may have hoped for, we are unable to advise you further, and we are concluding this case.

Moving forward we recommend that you continue the appeals process directly with POPLA, who will also inform us if they identify a breach of the code so that the appropriate action may be taken. For more information regarding POPLA, please visit www.popla.co.uk."

Umkomaas

In conclusion, as the appeal has now been rejected by Parking Eye, your next course of appeal is to take the matter directly to POPLA. While we appreciate this may not have been the response you may have hoped for, we are unable to advise you further, and we are concluding this case.

They have little idea, do they? Eliciting a POPLA code is the prime objective of sending a forum initial appeal. The response is exactly what was hoped for!

Post #3 of the newbies FAQ sticky starts you on the road to drafting your POPLA appeal. Also do a forum search on 'ParkingEye POPLA' or 'PE POPLA'and read a number of examples from the past 3 or 4 months only, which will give you a number of appeal point paragraphs more or less 'ready made', but do check they make sense in the context of your parking incident.

Also read the latest posts from the POPLA Decisions sticky, especially where Coupon-mad is starting to develop template appeal points for use with POPLA.

LoveNorfolk

I've let my parents know to expect a letter, I will take a look though the PoPLA info when a mo, I'm trying to take a break from my thread as it's stupidly stressing me out, just got to relax lol.

Yeah, I can't believe it took them this long to give a PoPLA code though, but it's pretty much what we're after to progress!!