Parking Eye ticket advice needed

sam4145

Thanks in advance

jlemaitre

keep calm, and take advice.

sam4145

Thanks for your reply. Its not that I don't care, its that I find it ridiculous I should have to pay because I stayed an extra hour in a half empty car park that doesn't have pay and display. Who exactly is the victim in this scenario, who have I cheated? The area does not have any alternative parking I could move to either. I didn't sign up for lectures, I signed up for assistance as I think it is BS they want money for this scenario.


I am interested to know what they can do if the driver was someone who doesn't live in the UK, do they still go after the registered keeper?

fisherjim

The landowner can impose any restrictions they like they do own the land!

The no loss argument hasn't worked since the Bevis case!

Parking Eye will take the keeper to court they love it, and you are the very reason they exist.

Lies will get you into more trouble than it's worth!

Try reading the Newbies Thread at the top of the forum then come back if you are still in a state of confusion!

sam4145

Ok well from the Newbies forum it seems the appeal I should submit is:


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


However they already got my details so penultimate paragraph should presumably be removed or amended?

KeithP

sam4145 wrote: »

However they already got my details so penultimate paragraph should presumably be removed or amended?

Amended.

Change Should you obtain to Should you have obtained.

sam4145

The other thing is, the template refers to their 'unwarranted threat of court' however in the letter I've received, court is not mentioned so should I just delete this bit?

sam4145

Also doing the appeal online, there is a drop down box to select what I am - choices such as the driver, the registered keeper, etc. I selected 'none of the above' - is this correct? I haven't submitted yet hoping for these 2 points to be clarified before I do.

Quentin

The company you are involved with is litigious.


So don't lie now, as you may end up with a court claim, and your lies would catch up with you in any court hearing


Throughout here you are advised never to reveal who was driving.


You need to edit your OP to remove details of who was driving


The ppcs monitor here and can use your posts against you

Redx

leave the court bit in and stop overthinking it

choose whatever is appropriate EXCEPT "the driver" , if you are the keeper who received the NTK in the post , choose that one

sam4145

Ok thanks both, I will use the template as is, with the minor amendment suggested above. I suppose in reality it is all about the POPLA appeal, this one is just to get the ball rolling.