Parking Eye Southampton Town Quay POPLA letter review/advice

Jason.rangou

Coupon-mad wrote: »

Search the forum for Golden Ticket non-POFA POPLA and look for a ParkingEye result where someone has already won, & copy their words about the PCN.

You can't lose a Golden Ticket POPLA appeal (unless you blab about who was driving during an appeal stage) but we like to throw lots at it!

I have spent a good bit of time going through old threads and posts as well as looking at the 'Newbies Thread' as per signature, my head is now whirling with all sorts of wordings that I have read.


Could I possibly ask you to advise if the below text is indeed the information that I need to insert as #2 as the 'golden ticket' in my POPLA appeal letter please.

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The Notice to Keeper does not warn the keeper that, if after a period of 28 days, ParkingEye Ltd. has the right to to claim unpaid parking charges as specified under sub-paragraph 9 (2) (f) of the Protection of Freedoms Act 2012 (POFA)

POFA 2012 requires that an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle, if certain conditions are met. As sub-paragraph 9 (2) (f) highlights a NTK much adhere to the following points:

The notice must be given by—
warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Upon reviewing the NTK, ParkingEye Ltd have omitted any mention of the conditions as outlined in sub-paragraph 9 (2) (f). The appellant feels that the operator has failed to adhere to the conditions outlined under POFA 2012 and therefore breaches the documented legislation.

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Or I have found another bit of wording about POFA 2012 from another thread which may not be so long winded. - Which is best?

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[FONT=&quot]#2 The operator has not provided a POFA compliant NTK or shown that the individual who it is pursuing is in fact liable for the charge.[/FONT]
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[FONT=&quot]A copy of the NTK is appended; it has no mention of POFA 2012. At no point have ParkingEye provided any proof as to the identity of the driver of the vehicle; nor have I provided them with the identity of the driver (and I am not obliged to do so).
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[FONT=&quot]If you could let me know which one to use I would be grateful as then I could add the text create a PDF and then attach it and send to POPLA [/FONT][FONT=&quot]
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[FONT=&quot]Thank you for your time with me
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Coupon-mad

If you could let me know which one to use

Both.

Good research!

Those are the two killer points, then of course you add the usual other templates about no landowner authority, and dodgy signs.

Jason.rangou

Coupon-mad wrote: »

Both.

Good research!

Those are the two killer points, then of course you add the usual other templates about no landowner authority, and dodgy signs.

Many thanks for your reply to me Coupon-mad - One more question if I may then I will leave you alone.



I have pasted the POPLA LETTER above in my second post. Shall I add both parts of POFA 2012 above as one heading or two separate headings on the POPLA appeal? Thank you

Coupon-mad

I think it looks fine as it is...

Jason.rangou

Coupon-mad wrote: »

I think it looks fine as it is...

POPLA APPEAL SUBMITTED FOR SOUTHAMPTON TOWN QUAY PARKINGEYE.



I will reply with the outcome. Thank you for all your help, it is appreciated.

Jason.rangou

Good Morning all



Just popped in to say that Parking Eye do not wish to persue POPLA appeal therefore, its another win 6/6 so far.



Thank you from the bottom of my families heart for all your advice and spending your on time helping us.



Thank you

beamerguy

Jason.rangou wrote: »

Good Morning all
Just popped in to say that Parking Eye do not wish to persue POPLA appeal therefore, its another win 6/6 so far.

Thank you from the bottom of my families heart for all your advice and spending your on time helping us.
Thank you

Brilliant :beer: and as said in your post in the POPLA thread ....

just further proof that Parking Eye were scamming you in the first place

Parking Eye .. members of the joke called the BPA