Tower Road Newquay alledged overstay

Acid1101

Hi
I have just received a notice to keeper from Parking Eye for a stay at a car park in Newquay in Cornwall. The notice informed me that the car registered to me had stayed in the car park for 2hrs and 1 minute whilst only paying for 2hrs parking. Parking eye noted that the car entered the car park at 11:00 and left at 13:01. Inside the car there is a ticket for parking that starts at 11:07. There was a queue at the machine and also had to explain to a Spanish family about how to use the machine which took further time. As far as I am concerned the car left 6 minutes prior to the ticket expiring and had no intention of exceeding the stay that was paid for.

The date of the event was 17/04/17, whilst the date the PCN was issued 03/05/2017. The notice was received at the registered keepers residence on 5/05/2017. I cannot see anywhere on the notice mentioning 'keepers liability'

I am about to appeal using the letter as described in the NEWBIES post, but was wondering if I should include the above or wait to see if this goes to POPLA? Thanks in advance.

Redx

use the blue text template appeal

also state in it that any alleged "overstay" by the driver is covered by clause #13 of the BPA CoP that allows for 2 periods either side of the parking time

ie:- time to park up , read the signs and pay , plus over 10 minutes to leave once the parking period has finished

ps:- all the above dates may be wrong , clearly the 17 may is incorrect for a start , as is 2107

Acid1101

Thanks Redx, the dates were my typos. cheers for pointing it out.

Redx

looks like they failed the POFA2012 test too (14 days to get the NTK to the keeper)

so 2 failures there , both in your favour

Acid1101

Hi Redx, thanks for your prompt reply. Can I ask should I submit an appeal as per the blue template verbatim or should I change it to include these two failures?

Also a view on the following would be welcomed.
The back of the PCN has a section called Further Information, which states that they have already had the registered keepers details provided to them by the DVLA as the vehicle was parked in breach of the terms and conditions of a private car park.

The appeal template informs Parking Eye not to undertake this activity or I may sue them for a Data Protection Act breach. Is this not already a potential breach?

Redx

yes you can include both items

only the ICO can confirm or deny a data breach has occurred

in this case you ware warning them about future actions that mey ensue due to them contacting the DVLA for keeper details

at this point NOTHING is proven , so just like they are sending you an invoice alleging that you owe them money and they may go to court for it , you are alleging they may have broken the DPA and may go to court for it

its like blind mans bluff , or poker

Acid1101

Because they are NOT claiming 'keeper liability' (probably because they are aware it is beyond the 14 day and therefore omitting it from the PCN on purpose) does that mean that they can only pursue the driver for payment?

Redx

it does if they knew who the driver was, so they are inviting the keeper to name the driver

we normally recommend that the keeper does not do this , it is their job to find out those details and pursue the driver, so you are under no obligation to help them achieve this unless there is a valid reason for doing so

hence why I said point out both "breaches" in your initial keeper appeal, so they know that you know the score and you have entered those "breaches" right at the outset , in writing , which could sway a judge in your favour as keeper if they pursue you

Acid1101

Hi
I have received a response to my initial appeal, Parking eye have said that they are putting it on hold for a further 28 days in order for me to provide them with the details of the driver. After 28 days they may decide to send me a POPLA number if I have not sent them the details of the driver.

Is this normal procedure?
thanks

Coupon-mad

Yes and you just ignore them, the POPLA code will follow.