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Urgent, help please!
saskia297
Posts: 27 Forumite
Urgent as the discounted period ends tomorrow
I received a parking invoice from parkingeye whilst parked at a hotel for a conference
Ive been there many times, but they must have employed the parking company since my last visit, and I Disney t realise it see any signs.
The offence was on 24/3/18, and the ticket issued on 10/4, which I received on Monday 16th
I lodged a complaint with the landowner who said they would. Cancel my ticket, but unfortunately all this seems to have achieved is to admit my liability as the driver. ; parkingeye have sent a further invoice saying Im still liable
2 questions...
1- as the ticket by their own admission wasnt issued within 14 days, does this make it invalid? Even though Ive inadvertently admitted I was driving? If so do I appeal, wait for them to reject and then go to popla?
2- if in inadvertently admitting I was driving I cant use the invalid ticket, should I appeal on the grounds that I had my (very stroppy!) baby with me as childcare had fallen through and I didnt see the signs as she was screaming? Or should I just pay the unfair invoice before it goes up?
Thankyou!!
I received a parking invoice from parkingeye whilst parked at a hotel for a conference
Ive been there many times, but they must have employed the parking company since my last visit, and I Disney t realise it see any signs.
The offence was on 24/3/18, and the ticket issued on 10/4, which I received on Monday 16th
I lodged a complaint with the landowner who said they would. Cancel my ticket, but unfortunately all this seems to have achieved is to admit my liability as the driver. ; parkingeye have sent a further invoice saying Im still liable
2 questions...
1- as the ticket by their own admission wasnt issued within 14 days, does this make it invalid? Even though Ive inadvertently admitted I was driving? If so do I appeal, wait for them to reject and then go to popla?
2- if in inadvertently admitting I was driving I cant use the invalid ticket, should I appeal on the grounds that I had my (very stroppy!) baby with me as childcare had fallen through and I didnt see the signs as she was screaming? Or should I just pay the unfair invoice before it goes up?
Thankyou!!
0
Comments
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Does the 'ticket' (Notice to Keeper) contain a paragraph on the reverse about the Protection of Freedoms Act 2012 and have a sentence 'If after 29 days ......?The offence was on 24/3/18, and the ticket issued on 10/4, which I received on Monday 16th
Have you communicated anything at all directly to ParkingEye?I lodged a complaint with the landowner who said they would. Cancel my ticket, but unfortunately all this seems to have achieved is to admit my liability as the driver. ; parkingeye have sent a further invoice saying Im still liable
Nothing 'invalidates' the ticket, but if the NtK falls outside the PoFA timescale requirements, the PPC cannot hold the keeper liable (providing the keeper hasn't formally identified themselves as the driver to the PPC). So - depends what you've said (if anything) directly to PE.1- as the ticket by their own admission wasnt issued within 14 days, does this make it invalid? Even though Ive inadvertently admitted I was driving? If so do I appeal, wait for them to reject and then go to popla?
What did the conference make of the screaming baby during the day? Or is this a convenient 'lie' (which we never condone), not that it would have any impact in avoiding the charge.2- if in inadvertently admitting I was driving I cant use the invalid ticket, should I appeal on the grounds that I had my (very stroppy!) baby with me as childcare had fallen through and I didnt see the signs as she was screaming?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 Street0 -
"URGENT" pleas are best dealt with by making use of the Newbies Sticky - you don't even need to wait for replies on your thread.
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This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
Does the 'ticket' (Notice to Keeper) contain a paragraph on the reverse about the Protection of Freedoms Act 2012 and have a sentence 'If after 29 days ......?
Have you communicated anything at all directly to ParkingEye?
Nothing 'invalidates' the ticket, but if the NtK falls outside the PoFA timescale requirements, the PPC cannot hold the keeper liable (providing the keeper hasn't formally identified themselves as the driver to the PPC). So - depends what you've said (if anything) directly to PE.
What did the conference make of the screaming baby during the day? Or is this a convenient 'lie' (which we never condone), not that it would have any impact in avoiding the charge.
Don’t know how to reply multi quote style, so will answer your 4 points
paragraph re pofa - no, nothing
Directly - no
Haven’t said anything directly
I placated her for a short period with cake, but then was disturbing everyone so left (making the ticket even more annoying as I didn’t learn anything!)0 -
Thanks for reply. I'm on my iPhone at the moment so not best for detailed info from me. Away for a couple of hours but once back I'll respond more fully. Ths is very doable for you - so don't panic/worry.
Later ....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 Street0 -
Right, back to a decent screen and keyboard.
1. If your forum user name is your real name (albeit just a first name) PM a board guide 'Crabman' or 'soolin' and ask them to change it to one the PPC cannot identify you through - bottom r/h corner of the forum thread list, one page back from this one, for links to either guide.
2. As the date of issue and receipt of the NtK falls outside of the PoFA prescribed period (and PE have already acknowledged this error by omitting the PoFA warning in the NtK), you have what is colloquially known here as a 'Golden Ticket'. As long as you don't identify the driver directly to the PPC, you really cannot lose this. It will take an initial appeal to PE to set the wheels in motion to a cancellation.
Regular contributor, Guy's Dad, posted a suggested response/challenge to a non-compliant NtK and this would be fine for you to use. Make sure you use this within the 28 day deadline set by PE (do it online via their appeals portal on their website).Dear Sir/Madam,
Re PCN number:
I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable as Registered Keeper as your speculative invoice/NtK dated dd/mm/yyyy referring to an alleged contravention on dd/mm/yy was not served within the timescale laid down by the Protection of Freedoms Act 2012, Schedule 4, paragraph 9.
Under these circumstances, please cancel the charge or supply me with a POPLA code in order that I may make my appeal to them.
PE are quite pragmatic and will know they've been 'rumbled' and you're not going to be turned over by them - they might cancel at this point. However, they may just chance rejecting the appeal and issuing you a POPLA Code just to give you a few more hoops to jump through, but with our help you will bomb them at POPLA.
Remember, your 'story' is irrelevant, so don't go adding anything (whatsoever) to the appeal, nothing about conferences, screaming babies, event disruption, missed learning opportunity or feeding cake!
Hope this makes sense, come back if you are unsure of anything.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 Street0 -
Oh please...! One of the Q&A in NEWBIES PLEASE READ THESE FAQS FIRST' says:Urgent as the discounted period ends tomorrowQ - ''My PCN says the 'fine' will go up after 14 days, so why are you suggesting I wait before appealing?''
A - FORGET THE '14 DAYS JITTERS'. THE SO-CALLED 'DISCOUNT' IS A BRIBE NOT TO APPEAL - YOU CANNOT DO BOTH - BUT WE ACHIEVE 100% DISCOUNT IN ALMOST EVERY CASE.
And the NEWBIES thread tells you about ParkingEye 'GOLDEN TICKETS' too, in the third post there is a link to a pic of one, so if you'd read the sticky first you would not be thinking this is urgent.
And (of course) choose 'registered keeper' NOT DRIVER in the drop down menu...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 THREAD0 -
Seemingly not that urgent after all. Hasn't been back to the forum in well over 24 hours, during which time I've provided an almost foolproof escape route with some detailed posting about how to handle this. In the meantime the case has been overtaken by over 65 others, relegating it down the thread list to page 4 and almost into oblivion.Urgent, help please!
@OP - I've taken a personal interest in this and put myself out a tad to help. By posting these comments this evening I've promoted your thread (and your problem) back to the top of the forum list. It won't stay there long but, if there's no further response from you by tomorrow morning, I'm out.
Sorry, but this could be so easily rescued for you.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 Street0 -
Apologies! I have been back, but having trouble with my login so couldn’t reply... thankyou for your detailed response and help! Will do as you suggest0
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