Parking Eye Parking Charge - Tower Road Newquay

KeithP

nanisaolitob wrote: »

Should I still send the template?

Yes - as I said three days ago.

nanisaolitob

Coupon-mad wrote: »

You don't need to.

It's the lovely thing we call a 'Golden Ticket' - and the keeper will win!

Go and read the section about ParkingEye Golden Tickets in the 3rd post of the NEWBIES thread. The keeper will win at POPLA, can't lose.

I assume the recipient is the rk, not a company car/hirer/lessee?

Great! Thank you guys for all your help! It's much appreciated.

Guys_Dad

I am taking it that this was NOT a windscreen ticket. If so, they have failed POFA and have no rights to pursue the keeper except under POFA.

Read up on the 14 day time period for service in POFA and quote that liberally. You do not need any other appeal point - as long as the driver is not admitted.

The 14 day clause is there precisely to stop PPCs coming along months later when the parking ticket has been binned and trying it on.

Use the law!

nanisaolitob

Hi again!

I received a letter stating that my appeal was unsuccessful and I should appeal to POPLA or pay.

To be quite honest I have a 6 month old who hasn't let me sleep for more than 4 hours a night (if I'm lucky!) for the last 2 months and I'm too tired to fight, but I'm angry with these people (and the fact that they are able to operate) so I really don't want to pay.

The more I think about it the more I'm sure that what they state as evidence isn't correct, but I have no way of proving it.

Is it really worth appealing to POPLA and stating that they have failed POFA. There was no windscreen ticket and received the letter approx. 36 days after the date we parked.

Thank you all for your help...from a very, very, very tired mum!

Quentin

Of course you appeal to POPLA where you win as you were told


Have you actually bothered to read up on golden ticket as you wwere advised you have received???

nanisaolitob

Quentin wrote: »

Of course you appeal to POPLA where you win as you were told


Have you actually bothered to read up on golden ticket as you wwere advised you have received???

Yes, I read up on that and sent the appeal letter that is found on the main page that you advised too.

I'll send the appeal to POPLA this afternoon!

Thanks again

Redx

post your proposed popla appeal below first, so we can check what you are sending

DO NOT use the same appeal you sent to the parking company

there is no rush for this so ensure you get it right as there are NO second chances

I already told you where to find a suitable and successful popla appeal you could copy and adapt , so find it , adapt it and post it below before you UPLOAD it as a pdf to the POPLA website


and remember, you dont have to prove anything, all you have to do is to use legal points to win on a technicality as KEEPER


so you wont be sending popla anything at all, you will be uploading the pdf as an attachment on their website, totally different that what you were planning to do

so no post , no email, nothing other than what we tell you to do, after checking

nanisaolitob

Redx wrote: »

post your proposed popla appeal below first, so we can check what you are sending

Below is my proposed POPLA appeal (copied from the thread you suggested I hope). I have just changed dates, etc. and nothing else (I'm afraid that all of this is a bit over my head a the moment as lack of sleep is slowly killing my neurons).

I would be grateful for any input.

ADDRESS
EMAIL
CAR LICENSE PLATE
DATE

Dear POPLA,

On the 27/09/2018, ParkingEye Ltd. issued a parking charge to myself (as keeper of the vehicle) highlighting that the above mentioned vehicle had been recorded via their automatic number plate recognition system for “remaining at the car park longer than the stay authorised”. There was no windscreen ticket on the vehicle - the notice to keeper was sent via post.

As the registered keeper I wish to refute these charges and have this PCN cancelled on the following grounds:
1. The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5) and is not POFA compliant - ParkingEye’s own documentation (attached) shows that the event to which they refer occurred on DATE, but they did not issue the PCN until DATE, over a month later.
2. The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

Please see below for details:

1) This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates and the wording used.

Under schedule 4, paragraph 4 of the POFA, 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 stated in paragraphs 5, 6, 11 & 12. ParkingEye have failed to fulfil the conditions which state that the keeper must be served with a compliant NTK in accordance with paragraph 9, which stipulates a mandatory timeline and wording:-

’’The notice must be given by (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.’’

The applicable section here is (b) because the NTK was delivered by post. Furthermore, paragraph 9(5) states: ’’The relevant period...is the period of 14 days beginning with the day after that on which the specified period of parking ended’’

The NTK sent to myself as Registered Keeper arrived 32 days after the alleged event. - see the attached PDF from ParkingEye with the ‘event date’ of 25/08/2018 and the issue date of 27/09/2018 (ie, over one full month later!)


2) The operator has not shown that the individual who it is pursuing is in fact liable for the charge.
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 (nor do I intend to).

I have contested this with ParkingEye with regards to their PCN reference REFERENCE, but they have written to me (30/10/2018) to say I have been unsuccessful and provided POPLA reference REFERENCE.

I sincerely hope you are able to help me.

Many thanks,

NAME

Coupon-mad

Just checking your car isn't a company lease or hire car (trying to work out the delay in the NTK)?

nanisaolitob

Coupon-mad wrote: »

Just checking your car isn't a company lease or hire car (trying to work out the delay in the NTK)?

No, the car is registered in my name, although I am not the driver, nor do I have insurance to drive it (the driver does!).