Advice request

jon_joe

Hi I need some advice.
I received a Parking Eye (PE) hospital car park fine.

I appealed, informing them I wasn't the driver, just the keeper, but the driver had in fact paid by phone. This is the truth.
I also contacted the hospital and they said PE said no payment was received. So it appears to be some technical problem with pay by phone. We have the screen shot showing the text message sent to pay.

I expected them to refuse the appeal but instead they put it on hold. They have requested driver details and say they may refuse the appeal if I do not comply.

What should I do?
It sounds like they want to send the fine to the driver.
What happens if the driver is now in another country?
How is the idea valid that there is a contract when you drive in to the car park. What happens if the sign said you transfer ownership of your car or house. Would that then be a valid contract?
Thanks.

System

What happens if the driver is now in another country?

If you provide a name and serviceable address then you have no liability so name them and let PE chase someone in another country - which is difficult for them

jon_joe

Thank you IamEmanresu,


I read on one of these forums that "they" (not sure if P.E. or another Private Parking Company) cannot (or maybe do not) chase non UK residents.


Are you saying that as soon as I name the driver I legally have no liability?
I agree that its the driver who entered the contract by parking there.
If I put "Grace Mugabe living in Namibia" will they really leave me alone?


I imagine they decide their responses to maximise their income so if they think I might have a case, then they shift to find the driver. If the driver is Grace Mugabe they probably will come after me again bcos it's not feasible.


Perhaps it's better to do nothing let them turn down the appeal and just get the POPLA code?
I was expecting it. I was really shocked they took this approach.
What does anybody think?

Redx

it would be foolish to lie about it as that can incur a bigger charge and a criminal record (ask Chris and Vicky Huhne)

if you can truthfully name the driver and a serviceable address for said driver (anywhere in the world) then you have done your legal duty under POFA2012 and are no longer liable

the alternative is let it time out and defend as KEEPER once a popla code has been issued

the IDEAL situation is to get the landowner to cancel it , which means complaining to PALS, and possibly the patient manager or NHS trust themselves

jon_joe

I am trying with the hospital, but I think either sometimes they end up giving PE a refund for lost revenue or they are only allowed to cancel a certain amount, so they are reluctant to intervene. So they first want the keeper / driver to try appealing without intervention. They want to hear the appeal failed before they will intervene.


Car was parked on 16th Oct. PCN arrived on 1st Nov. Is that beyond the 14 days? I thought it was 14 working days. Now I'm not sure.

jon_joe

By the way Redx, sorry if it's confusing being in 2 threads. (
I'm trying to help others who know less than me in this sad process, whilst also learning from those like yourself who know more than me and are kindly sharing the knowledge.


Thanks so much

Redx

day zero is the day of the incident , day 1 is the first day after the incident , day 15 is 15 calendar days after the incident

if they have failed to get it to the keeper by day 15 , they have failed POFA2012

IT SEEMS LIKE THEY JUST MADE IT

if the POFA2012 paragraph is missing , they failed POFA

Coupon-mad

Car was parked on 16th Oct. PCN arrived on 1st Nov. Is that beyond the 14 days? I thought it was 14 working days. Now I'm not sure.

I would say they have not made it, because there are 31 days on October.

Arriving after 30th October is too late for keeper liability by 2 days, but I expect the PCN is a POFA one (on the back) and if it is then it would depend on the date on the PCN.

A PCN dated Thursday 26th October would be deemed delivered in time.

A PCN dated Friday 27th or later, is too late to be deemed delivered in time (but POPLA might not work this out unless you spell it out in words of one syllable).

jon_joe

I need to check about the POFA on the back.
I'm struggling to get to grips with all the info on these forums.
I'm just not sure if it would be believable that it only arrived on Nov 1st if it is dated Oct 21st. Then again I don't know when they posted it or whether they have proof of postage.


Do you think it's better to name the non uk driver and then go through the same appeal process for the driver or is it better to let it time out and fight as a keeper?


Once the driver is named is the keeper automatically not liable?
There are so many variables. It's so hard to know what will happen if you do a certain response.

nosferatu1001

Once the driver and their address are given the keeper cannot have liability. This is simple.

jon_joe

So if that's the case why don't people advise just to put john smith in North Dakota as the driver and forget all about it?