ParkingEye 130+ days to send Notice to Keeper

OLDFLYBYNIGHT

Hello,
Just received a ParkingEye “Charge Notice” dated 23/01/18 about parking on 06/09/17.
This for exceeding the free 2 hour parking period and then not paying, at a MOTO service station.


Times of photo of driving presumably into the service station area to photo of driving out of the service station area, approx. 3.40am to 6.30am, no advice whether parked for the duration, driving around the area trying to find the way out, getting petrol, etc.

I’m fairly certain this is a notice to keeper, but it doesn’t clearly say so.

It points me to an Appeals Procedure
Online: appealpcn.co.uk - is this the proper place to appeal?
Post: Appeals Dept, POB 3573, Barnet, EN5 9QA – same question.

They say “Where our client’s property … England … should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA …”

Can I start the appeal with the time lapse between alleged contravention and the notice to keeper being too long?

Thanks
PS. Staggered at the attention and time given by advisors, to ‘normal’ people like me. Thanks again!

Umkomaas

Do a forum search for ‘Golden Ticket’ to read some of the other many threads that are around. PE had a major glitch towards the end of summer last year and failed to get their NtKs out on time to invoke Keeper Liability. You seem to have one.

Any mention on the NtK about KL, or the Protection of Freedoms Act 2012?

It’s likely that PE will reject your initial appeal, put you through the hassle of writing a POPLA appeal (you’ll find those in your search to more or less copy and paste), then withdraw the charge when you submit it to POPLA.

Sorry it’s just a hassle to go through, but the above will kill it dead, otherwise PE has 6 years to continue to harass you with threats of a county court claim.

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pappa_golf

are you sure this is Parking eye? as the appeal address is incorrect , and the postal address you have written is highview parking (and others)

the appeal address is a generic post box used by lots of parking companies , but not PE

Umkomaas

Good spot PG.

Lots of people use the name ‘ParkingEye’ when they are describing an ANPR camera capture. Two quite different, but equally nasty elements in the great private parking rip off.

Castle

pappa_golf wrote: »

are you sure this is Parking eye? as the appeal address is incorrect , and the postal address you have written is highview parking

+1; I thought it was CP Plus who deal with MOTO sites.

pappa_golf

yes , one of many that use that appeal portal http://cp-plus.co.uk/appeal/pay-appeal-pcn/ follow link)

OLDFLYBYNIGHT

Blast! You are right. It's CP Plus - they quote the ParkingEye vs Beavis case, and I went 'brain blank' presuming the huge logo at the top was a stylised version of theirs.

pappa_golf

well , the "golden ticket" rule applies here as well

providing

A: not company / lease or hire car

b: your v5 is upto date at the address shown on the letter

is there mention of POFa on the letter , or is it generic asking for you to admit / name the driver

CP plus are part of the ranger group , who do back office work for many companies , so why they cocked up is a mystery

OLDFLYBYNIGHT

Umkomaas wrote: »

Any mention on the NtK about KL, or the Protection of Freedoms Act 2012?

They do say "...if you were not the driver ... you should provide us ... name and ... address of the driver and pass this notice to them." but I cannot see where they say it is the Keeper's Liability ... and absolutely nothing about Protection of Freedoms Act 2012.

Can I write to them with a full comprehensive list of issues for them to answer, incuding if their 'Parking' definition includes driving within the MOTO domain else there seems to be an assumption of 'not moving' for > 2 hours, or should I just go on the Paragraph 9 issue?

Thanks again.

pappa_golf

why not read the stickies thread and use the templet letter there , going off on a freehand rant may make you admit that you were the driver , by doing that any benifit gained by No POFa (as sure POPLA win for you) will be lost

the idea is for them to simply cancel , or hand over a POPLa code , at which point you mention 120 days + and no POFA

OLDFLYBYNIGHT

OK pappa golf, thanks.

But, the more I look at the photos, the more it annoys me that the “In Capture” looks to be on the slip road coming into the service area, and the “Out Capture” could be taken anywhere within the site. Not clearly in and out of car park area.

Sorry, rant over.

To be sure, I appeal using standard letter without mentioning 120 days + or no POFA.
When I get a refusal and POPLA code, I then mention 120+ days & no POFA to POPLA.
Else if they cancel, success.
But no pleasure in making them squirm.