Parking eye Swindon. Fleming way, PCN now cancelled!

jlemaitre

Hi

I received a Parking Eye invoice yesterday for overstaying 16 mins in a free max 2 hour stay car park. I have read the newbie thread and noticed this

''Any omissions can be argued to mean there is 'no keeper liability' established. Same, if the NTK arrives late.

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to) the a postal PCN has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 57 if there was a windscreen ticket. Some firms (e.g. Civil Enforcement, CP Plus, Smart Parking and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable if you point that out to POPLA. So you can see why the keeper is the person identified in your appeal !''

I did not receive a windscreen ticket. The NTK arrived yesterday and my overstay occurred on the 17th December. Should it have arrived within 15 days ? as it didn't does this strengthen my case?

Thank you in advance

pappa_golf

you will probably find there is a big blank space where once was written that they were going to rely on pofa , , 16 mins seems a bit low on anpr , as you have a grace period both on entry and exot , and the cameras are at the enterance

where did this happen?

jlemaitre

Thank you for the reply.

It happened at Fleming Way retail park in Swindon (there is a The Range there plus Halfords).

Coupon-mad

What is the 'issued date' of the PCN?

Does it have a blank space at the bottom and no mention of the POFA/keeper liability, like the example shown ion post #3 of the NEWBIES thread?

jlemaitre

It does mention POFA but the letter was issued on the 28th of December. I guess this covers them?

DoaM

The postal PCN needs to arrive by day 15. If something is posted first class and with proof of posting then it is deemed delivered two working days later. (In your case 30/12 ... I doubt PE retain proof of posting though).

Is there anything on the envelope that shows the class of postage? Is there any franking to indicate actual posting date? (Just because the letter says 28/12 doesn't mean it was posted 28/12).

jlemaitre

Nothing on envelope.Just a plain brown envelope with no franking mark or postage on it.

Coupon-mad

Appeal it online, as 'registered keeper' by saying this, which serves as a suitable appeal where they have not allowed a fair grace period:




I challenge this 'PCN' as keeper of the car and as the document was only served to me yesterday, 3.1.17, ParkingEye (you) have failed to meet the deadline required for the POFA 'keeper liability' that you refer to in the Notice.

I also assert that a purported (unproven) 16 minutes all told, falls well within the allowable time both before and after parking, taking into account this particular car park and the busy pre-Christmas period which meant cars were queuing on arrival and at the end after loading their purchases, before being able to exit onto the road. I remind you that this event is more than covered by the 'at least 10 minutes' observation period on arrival plus the defined separate and extra added 'grace period' time (of five to ten minutes or more, which depends upon the facts) that must THEN be allowed to leave, according to Kelvin Reynolds, the BPA's Director of Policy & Public Affairs:

http://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to me or my vehicle, from this point forward, since the lack of fair grace and observation periods (BPA CoP breach) and your failure to meet the 14 day deadline for service of the Notice, means you have no reasonable cause to continue to process my data from this point. You can take the matter up with the driver if you have evidence of the identity of that person, but you cannot pursue me further.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code, or cancel the charge. I have kept proof of submission of this appeal and look forward to your reply which I hope will reflect the 'good practice' policy promised by your BPA colleague, Mr Reynolds.

In order to assist a swift resolution in getting this charge cancelled, I attach a receipt/bank statement* proving that the occupants of the car were genuine patrons of the facility.




* definitely prove spending, especially if over £30 - almost always gets an early cancellation with PE

jlemaitre

Hi Coupon-mad.

Thank you for the reply. Very kind of you to take the time to type all that out for me. I have just finished a draft appeal myself from a few templates I have seen online - asking for their contract with the land owners, their BPA membership, photos of the car park etc etc.

Do you suggest I incorporate your above reply into this or just send your reply?

DoaM

Just send C-m's reply ... and include the evidence of spend at that location (if you have such). A receipt copy is better than a bank statement, as a receipt doesn't provide any chance of inferring the appellant was the driver. (PE might argue as to why the keeper appellant is providing their own bank statement as proof of spend).

jlemaitre

Thanks DoaM.

Sadly I don't have a receipt or a bank statement as we paid in cash for a few small items.

Do you think we have a chance of the PCN being cancelled? I want to just pay the £60 and be done with it, however my partner is staunchly against this.