Parking Eye PCN Tower Road Newquay

jackg1988

Hello everyone!

Sorry for starting a new thread but I've read loads of information and not sure where mine exactly lies.

My company have received a PCN from Parking Eye for the vehicle which I have access to and I am pretty sure I can appeal. Here's there grounds for the notice:

Car entered the car park at 15:22PM (they actually bought a ticket at 15:28 so there's the grace period argument gone!)
Car left the car park at 18:47PM
Tariff paid was for 3 hours only.
Overstayed by 24mins (6 of these were prior to purchasing the ticket).

I believe I have a couple of avenues to pursue here:

This has been addressed to my company NOT the driver.
The event happened on 21/4/17. The notice was issued on 1/6/17. The notice was received on 6/6/17 - this totals 41 days from event to issue!
There were two children under the age of 3 present which required a lot of time to take out of the car and put back in the car as well as loading the pram - should a relevant grace period not have been applied?

Note: there is no mention of the POFA 2012 comment where the keeper will be liable after 29 days.

My question is - should I approach this with the blue write up on the "Newbies" thread?
Should I just bat it back as being 41 days to notification - however they have more than likely contacted Audi, who have handed over my companies details so does this 41 days still apply?
If I log in on the PE website it calls it the "Driver Portal" - this isn't some clever ploy to get you to admitting to being the driver is it?

Thanks in advance guys. I think what some of you are doing on this forum is nothing short of heroic! Not all heroes wear capes eh?

Cheers Jack

Redx

yes use the blue text template (or read the edna basher templates if they are more relevant)

never admit or infer who the driver was

the lease/hire/company car aspects are covered at the bottom of post #1 of the NEWBIES sticky thread by edna basher

grace periods are covered by the BPA CoP , so no they do not have to give extra time if they dont want to, nor will they do so because there is no profit in upholding an appeal , they only want money, nothing more

grace periods could be say up to 10 minutes beforehand , so your grace time there is fine , then its OVER 10 minutes to leave after the parking period finished

if they failed POFA2012 and also if they failed to get the hire/lessee details and paperwork then they may well have failed the part edna basher talks about too

when you logon to the PE site, choose KEEPER from the dropdown menu , paste the appeal into the box

ps:- they have no idea who the driver is, or was, hence why they have addressed it differently, but as you say it is likely that a company cannot be the driver

jackg1988

So sorry that I didn't find that Company Vehicles bit!!

I have read Edna basher's post and think the template provided is fantastic!! I have doctored this to suit mine but a little nervous! Haha

If I pursue the appeal based on this then do I have to continue along the same appeal with POPLA?

What are the additional documents that are mentioned? Do I need to concern myself with these?

I've not had any correspondence from Audi saying that they're not liable and that's why they've given them my companies address? The PCN is specifically addressed to my company which would imply they have.

Thanks again for your advice!

Redx

it sounds like AUDI have named the "hirer" , the company , but it also sounds like copies of the hire agreement were not issued or claimed by the PPC so this would be in your popla appeal (or court case if it got that far)

popla appeals are dealt with in post #3 of that same sticky thread (did you miss that as well ?)

I would suggest that you clisk on edna bashers name and read all of his posts over the last 12 months , because he is well used to this scenario in defending his company against the p@rasites (as I understand it)

therefore he may well have posted popla appeals too

here is one recent example of good advice and info

https://forums.moneysavingexpert.com/discussion/5650101

and read this "company vehicle" thread as there may be some good info in it , even though its at court stage

https://forums.moneysavingexpert.com/discussion/5412761

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/71975600#Comment_71975600

An Edna Basher special, for companies to use.

jackg1988

Sorry Redx I am trying to take all this info in!! I really appreciate your help!

And thanks to CM for your reply too, but I think you're going to like this.... they haven't mentioned anything about POFA 2012 on this PCN similar to the thread created by LemonBerry at Bath A&E.

However - my PCN does not look like the one you posted in the Newbies thread so I am not sure if they have changed their format slightly since this was posted?

Furthermore, I have had a PCN which is address to my company...is this the same as a NTK as it doesn't specifically use those words??

If the above is right then I am fairly comfortable I can appeal to POPLA as you have mentioned on a few threads by means of the drivers ID not being known - a golden ticket to use your words!

Thanks in advance

Coupon-mad

they haven't mentioned anything about POFA 2012 on this PCN similar to the thread created by LemonBerry at Bath A&E.

Great - a Golden ticket!

However - my PCN does not look like the one you posted in the Newbies thread so I am not sure if they have changed their format slightly since this was posted?

yep they changed the format a couple of months ago. Any wording about the POFA is on the back now, and non-POFA ones have a noticeable space/gap (a lack of words) on the back.

Furthermore, I have had a PCN which is address to my company...is this the same as a NTK as it doesn't specifically use those words??

Yes - it is.

Your company will win. Word it like Edna Basher's one about 'ABC firm' (changing it to your company) and only put the name of the 'Fleet Manager' not saying who was driving.

You can have as much fun with these as Edna Basher does, dozens of times over, he will tell you!

jackg1988

Excellent!! Thank you both!

Sorry if you guys have had to repeat old ground!

I will keep this post fully updated to ensure that it helps others if required.

Coupon-mad

I'm a gal, not a guy, but happy to ensure this is won!

jackg1988

Sorry, generic term for a group of people! No gender intentionally assumed!!

This is the template of what I am going to send to PE now then - minus personal information or should I just save this for the POPLA and use the Newbie Thread Template for the appeal to PE?

Dear Sir,

Formal Dispute: Parking Charge Notice XXXXXXXXX, Vehicle Registration [XXXXXXXX]

We refer to the above Parking Charge Notice (“PCN”) issued by ParkingEye Ltd (“ParkingEye”) to our company [XXXXXXX] (“XXX”) in respect of an alleged contravention of the terms and conditions of parking at Tower road car park, Newquay by the driver of the above-detailed vehicle on XXXXXX.. We confirm that this vehicle is on long term lease to XXX and that XXX is its hirer for the purpose of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA 2012”).

We write to formally dispute the validity of this PCN for the reasons detailed below.



• ParkingEye’s Notice to Hirer did not properly comply with the requirements of the POFA 2012 and consequently, it has forfeited any right to hold XXX liable;
• ParkingEye is not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in its own right and;
• the signage in the car park was not sufficiently prominent nor sufficiently clearly-worded to form a contract with the driver.

Please provide within timescales specified under the British Parking Association Ltd Code of Practice, written confirmation of ParkingEye’s acceptance that it cannot and does not hold XXX liable for this charge. Alternatively, should ParkingEye still believe that it has a valid claim against XXX, please provide us with a unique POPLA reference so that we may escalate our dispute to POPLA.

Thank you for your cooperation and we look forward to receiving ParkingEye’s notification that this charge has been cancelled.

Yours faithfully,

XXXXXXXX

Fleet Management Department,
XXXXXXX Ltd

Coupon-mad

I would use that version.