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Parking Eye PCN for parking at night

Dear Forum Members,

I received a PCN from Parking Eye nearly 8 weeks after the alleged contravention. The event happened on 28/03/2017 and the PCN was issued on 24/05/2017 stating that I was liable to pay an amount of £85 for parking for parking 18 mins at 3am. I went back to the car park and it does state no parking between 11pm to 6am. Now my question do I have any grounds to appeal this PCN? Also, I am quite sure PCN's have a time limit to be issued. I have appealed it to Parking Eye using one of the templates I found online but they rejected it on the basis that I did not 'provided sufficient evidence to show that I did not break the terms and conditions on the signage'. They have given me the option to appeal to POPLA but it says in the letter if my appeal is unsuccessful I will have to pay the full amount of £85 instead of the discounted amount of £50. I have 6 days left until the 14 days grace period runs out. Any help will be greatly appreciated.
forums.pepipoo.com/lofiversion/index.php/t113163.html this person had the same PCN as me.

Regards,
Dave

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    all explained in the NEWBIES sticky thread near the top of this forum

    if you did not give away the driver in your appeal, plus if ANPR cameras were used, PE had 14 days to get the PCN to you for POFA2012 to apply

    if they DID issue a windscreen ticket at the time, they had to get the PCN to you between day 29 and day 56 after the event for POFA2012 to apply

    if they failed POFA2012 then they can only go after the driver, so a keeper can appeal on those grounds (and the others listed in the NEWBIES sticky thread)

    if you blabbed and gave away the drivers details , they have 6 years to try to enforce their invoice

    EVERYBODY has grounds to appeal a pcn, which is why its all in the NEWBIES sticky thread
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You will be doing a POPLA appeal then, so please read post #3 of the NEWBIES thread and show us your draft.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You have a cast iron winning appeal on a single point if the photos you have received are from an ANPR camera. So first question, are they? Parking Eye is almost 100% ANPR.

    That being the case, you simply appeal within your appeal window quoting the relevant paragraphs from POFA 2012. which is section 9 (4-7) here http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

    Others may disagree and suggest other appeal points, but with a 100% cast iron, you don't need any other points, although they sometimes try a non-POFA charge.

    Make the appeal on that point and see what happens, making sure you don't say who was driving and let us know what reply you get.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, if they have a 'golden ticket' (and that can search the forum for 'golden' to find threads about this type of perfect appeal point) they could appeal on one point if they are brave. Sounds like they do, from the dates, and haven't given away the driver in the first appeal, we hope.

    The only dodgy thing is if they get a numpty POPLA Assessor.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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