Parking Eye PCN arrived after 21 days

saver_ali

Hi,

I’m helping a friend who has received a PCN from ParkingEye for going to sleep in a motorway services in Wales.

I’ve been to the Newbies thread and found the template appeal letter, and seen that it says you can carefully add a little.

The NTK was issued 19 days after the parking occurred, and received 21 days after, so that exceeds the 14 days permitted. Should I add anything to the template to cover this?

e.g. “As the PCN was issued/received after 14 days, there is no keeper liability.”

Should this go at the beginning or end?

I’ve trawled this forum and found a couple of things, but am still not quite clear.

Thanks.

kryten3000

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

As your Notice to Keeper has not been delivered within the strict timescales required by the Protection of Freedoms Act 2012, there can be no keeper liability and you must therefore take the matter up directly with the driver who, as mentioned will not be identified. Your only realistic option is to cancel.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

saver_ali

kryten3000 wrote: »

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

As your Notice to Keeper has not been delivered within the strict timescales required by the Protection of Freedoms Act 2012, there can be no keeper liability and you must therefore take the matter up directly with the driver who, as mentioned will not be identified. Your only realistic option is to cancel.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Thank you!

Umkomaas

Just confirm please that this wasn't a hire, lease or company vehicle and the registered keeper is the person who received the first postal communication from PE.

saver_ali

Umkomaas wrote: »

Just confirm please that this wasn't a hire, lease or company vehicle and the registered keeper is the person who received the first postal communication from PE.

It was a privately owned vehicle and yes, the person who received the first postal communication from PE is the registered keeper.

Thanks.

The_Deep

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.

Fruitcake

Well done for helping your friend. You are spot on with your assumption that it is too late for keeper liability to apply. It makes the job of the regulars here so much easier when people read the NEWBIES and follow its advice before posting.
Thank you for that.

We call the NTK your friend has a "golden ticket" because it means your friend has proof from parking eye themselves that they have failed to meet the strict requirements of the POFA.

Kryten is spot on with the suggested amendment.

Both you and your friend should complain to your MP about this unregulated scam as advised by The Deep. This really is the only way that this scam will ever get stopped.

saver_ali

Thanks for your help. Yes we will complain to our MP. They are obviously hoping that people are so worried that they will pay the fine in panic. Money for old rope if you can get away with it.

This is a great forum, and contributors are doing a great job of helping and educating people. !!!55357;!!!56832;!!!55357;!!!56832;

saver_ali

PE sent an email today (even though we put on the appeal that we required all communication to be by post and not email) saying that the appeal has been put on hold while they await further information from my friend.

"You have stated that you were not the driver of the vehicle at the date and time of the breach of terms and conditions of the car park, but you have not indicated who was.

"PE have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided."

No mention that they exceeded the time limit for issuing the PCN.

Is this just their standard approach? Does he just wait for the rejection and then appeal to POPLA?

Many thanks.

Redx

correct , a standard approach hoping that the drivers details will be divulged by a keeper who has no knowledge about this sc@m industry and can be suckered into blabbing


wait for the rejection and popla code - definitely


do not engage with them as yet


they failed POFA2012 so as keeper you are on a "golden ticket" , as we say in these parts

twhitehousescat

it is not upto you or your friend to say who the driver was , the law states (POFA) that if there paperwork is correct (theres was late) they can hold your fried as driver unless they name someone

sit back and await popla code , use it wizly