Parking Eye ticket at Hartshead Moor service station

STARS

Hello

I have spent a couple of days reading around the various notices on this and other parking forums before sending the following appeal to Parking Eye.

Registered keeper received a PCN re BPA yesterday and was just going to pay the £60.00 I am glad to have seen these threads.
They have only sent the registered keeper a communication by post headed Parking Charge Notice.

This was at the Hartshead Moor Welcome Break East the PCN finishes saying as we don't know the drivers name or current postal address if you were not the driver at the time you should tell us the name and current postal address of the driver and pass this notice on to them.

Driver/ registered keeper has a new job travelling the country and been driving for some time from Sunderland to Ellesmere Port CH65 7BF and was driving back when they realised they were exceptionally tired and having been up since 6.15am realised they required a break and felt unwell, and therefore didn’t even see any signs and drove in to the car park the wrong way and was flustered at this.

They went to the ladies, had something to eat and a coffee (subway) and felt even more unwell. They used the internet to connect to a smart room meeting didn’t think it appropriate to drive back home feeling unwell and hadn’t realised there was a two-hour limit and left.

Is the registered keeper able to appeal with the letter below do you think? Any assistance and support would be most welcomed!

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in Parking Eye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
Public concern has been raised whereby should drivers inadvertently park for more than 2 hours without prior payment they may become liable to penalty charges that are disproportionate, excessive and wholly unreasonable.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - ALWAYS USE THEONLINE APPEAL PAGE BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT.USE ANY EMAIL APPEAL OPTION IF FIRMS OFFER IT.



Many thanks in advance

Helen

Fruitcake

You need to immediately remove the information you have posted about who did what. Parking scammers read these fora and you have given enough information for them to determine the identity of the driver.

You should only ever refer to The Driver and The Keeper who are two separate people as far as anyone is concerned.

If that is the BPA template in blue from the NEWBIES thread, then yes that is what you should use to appeal. This assumes you live in England or Wales.

What happened when you complained to the MSA manager?

STARS

Thank you Fruitcake I've edited my thread!

I will use the template as suggested and I haven't complained to the MSA manager as previous posts/threads have stated its not worth it as they are unlikely to do anything?

Fruitcake

STARS wrote: »

Thank you Fruitcake I've edited my thread!

I will use the template as suggested and I haven't complained to the MSA manager as previous posts/threads have stated its not worth it as they are unlikely to do anything?

Er, not very well. It is still obvious who was driving. (The person who didn't see the signs and drove in.)

It is always worth asking/complaining to the landowner/manager. In your case a firm but polite request might work. The Driver of the car for which you are The Keeper was taken ill at a service station, and that is exactly what MSAs are for. Having a rest when someone is tired or unfit to drive due to illness.

Redx

post #1 still needs editing to remove the identifiers as to who did what

do not use the words "ME , MYSELF and I" , Put THE DRIVER

so WHO had a new job ?

who drives all over the country ?

who went to the loo ?

STARS

I will email the Hartshead Moor manager now - thank you!

STARS

Hello - Update - My appeal was rejected and now I have received an email with attached e-letter.

Reference:ParkingChargeNotice- POPLARef:given details
DearSir/Madam,
ThankyouforyourcorrespondenceinrelationtotheParkingChargeincurredon.......................
Wearewritingtoadviseyouthatyourrecentappealhasbeenunsuccessfulandthatyou havenowreachedtheendofourinternalappealsprocedure.Ourrecordsconfirmthatno parkingwaspurchasedonthedateoftheparkingevent,despitetherebeingpayment methodsavailableonthedayinquestion.Pleasebeadvised:
 Thereisanindependentappealsservice(POPLA)whichisavailabletomotorists whohavehadanappealrejectedbyaBritishParkingAssociationApproved Operator.Contactinformationandfurtherinformationcanbefoundenclosed. popla website
 Asagestureofgoodwill,wehaveextendedthediscountperiodforafurther14 daysfromthedateofthiscorrespondence.IfyouappealtoPOPLAandyour appealisunsuccessfulyouwillnotbeabletopaythediscountedamountin settlementoftheParkingCharge,youwillbeliabletopaythefullamount.Ifyou havealreadypaidthereducedamount,theParkingChargewillbeincreasedto thefullamountandyouwillbeliabletopaythisincrease.
 By law we are also required to inform you that Ombudsman Services ombudsman services website provides an alternative dispute resolution servicethatwouldbecompetenttodealwithyourappeal.However,wehavenot chosentoparticipateintheiralternativedisputeresolutionservice.Assuch shouldyouwishtoappealthenyoumustdosotoPOPLA,asexplainedabove.
Apaymentcanbemadebytelephoningourofficeson03305554444orbyvisiting parkingeye website orbypostingachequeorpostalordertoParkingEye,POBox 565,Chorley,PR66HT.
Yoursfaithfully,
ParkingEyeTeam

Please help and advise what next action I should take please - your support is required and most appreciated too! - Thanks in advance!

Should I just pay £60.00?

Redx

your choice

if you still wish to appeal then they should have provided a popla code, valid for 28 days , in which case revisit the NEWBIES sticky thread and read and follow post #3 (you should already have known this , hence my stock in trade reply)

plus a direct landholder cancellation (agreed through PE) is still your best get out

STARS

Thanks so much for the quick response Redx will check it out now.

Elysander

This was at the Hartshead Moor Welcome Break East the PCN finishes saying as we don't know the drivers name or current postal address if you were not the driver at the time you should tell us the name and current postal address of the driver and pass this notice on to them.

This wording sounds like it could be the non POFA version of Parking Eye's pcn when they miss the deadline for holding a keeper liable. Can you confirm that the pcn doesn't include a reference to Protection of Freedoms Act 2012?

STARS

Hi Elysander, thank you for your post, "I am notified under paragraph 9(2)(9b) of schedule 4 of protection of freedoms act 2012 that the driver of the motor vehicle is required to pay this parking charge in full". so yes its included. looking at Newbies #3 emplate and adding No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice too?