ParkingEye PCN - Unfair and issued 40 days after event

qbofldn

Hi
I am writing for advice on a parking charge notice Ive recently received (as the vehicles keeper), from ParkingEye for the Tower Road, Newquay car park.
I believe the charge is unfair as The Driver paid for the necessary time, however there are two elements Id like advice on.
The Driver originally paid for 3 hours parking, and then the additional time (for 5 hours parking) on return to the car (and prior to leaving) - which was allowed and suggested by the signs in the car park. The total time in the car park according to the penalty charge being 4 hours 57 minutes. As far as Im concerned The Driver has paid the required amount for 5 hours parking.
The Driver does not have any evidence though as the date of event was 3rd June 2018, so as you can imagine has not kept any receipts from the time (most of which were binned in the post holiday car clear out - although I doubt the The Driver will make the same mistake in future).
That said and regarding dates, the date of issuance of the PCN to The Keeper is 13th July, which is 40 days after the event. Is this allowed? Given the extra days in the post, The Keeper only received the letter a couple of days ago (17th July). Whilst The Driver can absolutely remember the event clearly - its ridiculous that its sent so late in my opinion.
My question is - if I, as The Keeper, is going to outright reject the PCN should I do so on the grounds I believe it has been issued unfairly, or that it was issued 40 days after the event? Or both?
I thought outright rejection being the best response rather than appeal per some of the other advice threads.
Thanks!

waamo

Take a read of the thread at the top of this board that tells Newbies to read it first. There is a template for you to use.

It sounds like you have a Parking Eye "Golden Ticket". Due to it taking so long to get to you they cannot use keeper liability. When you appeal to POPLA make this your first point. It's easy to win with this one.

twhitehousescat

search "golden ticket" , if this was NOT a lease / hire car

Fruitcake

First of all, edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people. This is absolutely essential if you have a Golden Ticket.

qbofldn

Thanks for the advice all.


So to clarify - I should go with the standard appeal letter - and add wording regarding no keeper liability as PCN received later than 14 days (with better wording and using link provided Schedule 4 paragraph 8 (as no windscreen ticket) of POFA 2012?


Or do I want for the POPLA appeal before including the no keeper liability wording?


Thanks

Redx

if the KEEPER has not appealed yet, use the NEWBIES FAQ sticky thread template and add the no liabilty under POFA2012 paragraph , but WITHOUT INFERRING WHO WAS DRIVING


be very careful about this wording, because as keeper there is no liability due to PE failing POFA2012

appeal as KEEPER on their website

if they do not cancel , the may phish for drivers details, IGNORE any phishing and wait for a rejection and popla code

the POPLA APPEAL will include several points starting with no keeper liability , same as all the other "golden ticket" appeals

what the driver did or did not do is irrelevant for a golden ticket appeal