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Crown Wharf Shopping Centre Walsall

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DollyPeach
DollyPeach Posts: 39 Forumite
edited 17 January 2018 at 4:36PM in Parking tickets, fines & parking
Hi there, after you were all so helpful getting some scammers off my back I wonder if you could help my niece. I would have just told her to do what I did but her situation is different.

I read through the PPC letters and she received a Parking Charge Notice from Parking Eye (almost the same as the one in the thread) through the mail 132 days after the alleged event. She wasn't the driver. Is it normal (or legal) to receive a PCN so late?

Is this considered a notice to keeper? It doesn't mention a keeper at all - just parking charge should be paid within 28 days of date issued. It doesn't mention POFA - it doesn't state whether the parking timed out, just says the car was in the car park for 1 hour and 21 minutes.

There is no evidence,(except for a photograph of the car entering and exiting the car park), no photographs of an expired ticket - just this notice out of the blue almost 4 1/2 months after the alleged event.

Should she ignore it, ask for evidence, appeal? Not sure what to tell her.
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you cannot delete your threads , only a board guide or admin can do so

    in answer to your question, read and follow this thread

    https://forums.moneysavingexpert.com/discussion/5730373

    there are dozens or hundreds of these at the moment
  • Coupon-mad
    Coupon-mad Posts: 151,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A Parking Eye ''golden ticket''. The easiest one to win at POPLA, as long as no-one blabs who was driving!
    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
  • Redx wrote: »
    you cannot delete your threads , only a board guide or admin can do so

    in answer to your question, read and follow this thread

    https://forums.moneysavingexpert.com/discussion/5730373

    there are dozens or hundreds of these at the moment


    Thanks for that. She has sent a letter to the Wharf to try to get it cancelled that way. Hopefully that will work.
    Coupon-mad wrote: »
    A Parking Eye ''golden ticket''. The easiest one to win at POPLA, as long as no-one blabs who was driving!

    It's so long ago who would remember who was driving?? But I take your point and hopefully it will be a golden ticket.
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don’t miss out on sending the initial appeal to PE waiting for a response from the landowner. You want your POPLA code ASAP where, if you follow advice in putting together a ‘Golden Ticket’ appeal, PE will not contest.

    Keep your eye firmly on the ball.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is what we call a ''golden ticket'' and a keeper appellant cannot lose at POPLA.
    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
  • Hello Dolly

    In the last few weeks, ParkingEye have been sending out a flurry of PCNs several months after the alleged parking incidents took place. It seems that they must have suffered a glitch in their systems.

    This will be easy for your niece to win - so long as she gives no clues about who was driving.

    The Blue Template from the Newbies Sticky is all she needs as an initial "appeal" to ParkingEye. Alternatively, if she's feeling mischievous, she could use these words instead.....
    Dear Sir,

    PCN Ref xxxxxx/xxxxxx

    Thank you for your correspondence in relation to the Parking Charge incurred on xx June 2017 at xx:xx at Crown Wharf Shopping Centre, Walsall.

    I confirm that I am the vehicle’s keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I am writing to dispute this Parking Charge and to advise you that should you pursue your claim, you will be unsuccessful.

    My records confirm that ParkingEye did not comply with Schedule 4 of POFA and that information of this fact was available to ParkingEye on the day that it issued its Parking Charge Notice. In accordance with the well-established doctrine of cautionem auream, ParkingEye has no right to claim unpaid parking charges from the vehicle’s keeper.

    I require that within the timescales specified under the British Parking Association Code of Practice you notify me either that a) you have cancelled the Parking Charge or b) you believe that you still have a valid claim in which case you shall provide me with a valid POPLA Code so that I may escalate my dispute to POPLA.

    Thank you for your cooperation and I look forward to receiving your confirmation that this Parking Charge Notice has been cancelled.

    Yours faithfully,


    * cautionem auream might keep them guessing for a while - it's Latin for golden invoice / golden ticket :)
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    * cautionem auream might keep them guessing for a while - it's Latin for golden invoice / golden ticket
    Golden, EB, just golden. :T
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Comedy gold, and perfectly worded, Edna Basher.
    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
  • I have similar. PCN from May, same place. Received 20/10.
    Have just appealed on the PE website, worded exactly as Edna Basher suggests... fingers crossed.
    (I know I paid for the ticket too!!)
  • DollyPeach
    DollyPeach Posts: 39 Forumite
    edited 16 November 2017 at 3:06PM
    SMERCK wrote: »
    I have similar. PCN from May, same place. Received 20/10.
    Have just appealed on the PE website, worded exactly as Edna Basher suggests... fingers crossed.
    (I know I paid for the ticket too!!)

    Have you had a response yet. My niece has not except for an automatic reply saying it may take up to 28 days to respond.

    What happens if they do not either cancel the charge or provide a POPLA code within the set time frame?

    Never mind. I found it on a google search:

    "You must acknowledge or reply to the challenge within 14 days of receiving it.

    If at first you only acknowledge the challenge, or your reply does not fully resolve it,
    normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35days after the information required to resolve it has been received from the motorist.

    It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

    22.9 You may not ask the driver to send payment of the parking charge with their challenge or appeal.

    22.10 You may not ask the driver to send a stamped addressed envelope with the challenge or appeal, for you to use to send your decision.
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