Parking Eye Fine

sweetgem

Hello I was hoping somebody can help. I received a Parking Eye fine on the 24th September relating to an alledged Parking contravention that occurred in Mid August at a Holiday Inn where the driver was literally parked for an hour and did not see the Parking signs AND they went to have a meeting in the bar area. I mean who on earth would travel from outside of town to just go and park in their car park for no reason when they had no reason to be there. The Driver is also Dyslexic. Anyhow had been intending to reply back but due to poor health was not able to and then on the 8th October received a LETTER BEFORE COUNTY COURT CLAIM asking me to pay £100. They have enclosed reply forms asking me to declare if I owe the debt or not and to disclose my financial details. I had not received the first letter that they said they had sent me. I have been under a lot of stress due to poor health and personal circumstances and I am getting very anxious and panicky. I struggle to understand all the jargon associated with parking laws etc. Please can anyone help formulate a reply. Can I still email them or do I have to fill in their forms. I feel really harassed.
Thank you

sweetgem

Can I still appeal.

Redx

no , too late to appeal


try and get HOLIDAY INN to cancel it


otherwise PE are likely to issue an MCOL


do not fill their forms in, but you are at the LBC rebuttal stage

sweetgem

I did contact Holiday Inn head office and they said they could not do anything and they would get the holiday Inn manager for that branch to contact me. He said to email that Holiday Inn Branch. When I email do I tell them who was driving and that the signs were not visible the driver was rushing in.

sweetgem

I know I am being thick here buT what’s a MCOL? AND WHATS THE LBC Rebuttal stage

KeithP

MCOL = Money Claim OnLine

LBC = Letter Before Claim

Commonly used acronyms can be found in post#5 of the NEWBIES FAQ sticky thread.

Post #2 in that same thread offers guidance through the process from receiving a LBC through any court hearing.
It would be a good idea to read that post at this time and put together a LBC response using the examples offered there.

Guys_Dad

If you parked on 15th August and received a Notice to Keeper (check) on 24th September, they are out of time to charge you as keeper. I am assuming (a) this was ANPR and (b) you have had nothing else in between.

You need to appeal to PE saying this Notice to Keeper was delivered outside of the relevant period under Schedule sub paragraph 8(4)(5) of the Protection of Freedoms Act 2012 (POFA) – no keeper liability

2. A compliant Notice to Keeper was never served - no Keeper Liability can apply.

3. 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

1. The Notice to Keeper was delivered outside of the relevant period under Schedule 4 sub paragraph 9(4)(5)
POFA Schedule 4 sub-paragraph 9 (4) and (5) states the following:
(4)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.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the notice to driver was given.

The PCN was stated by Parking Eye to be issued on 18th August 2018. The keeper received the NTK on 24th September 2018, this is outside the 14 days days following the initial notice.

Therefore the keeper cannot be made liable for this charge.

But you can not admit who was driving,

sweetgem

This was an ANPR on the 24th September and I was unable to reply because of poor health. Subsequently they sent the LBCCC which they have given me until the 8th of November to reply. Again it’s been causing me a lot of anxiety which in turn has caused a flair up of my health and the delay in me tackling the issue.
IS IT WORTH ME STILL WRITING TO HOLIDAY INN.?

Thank you so much your response has been most helpful and helped me prepare a reply as I was really struggling to understand all the Jargon and put an email together as I struggle to process the information.

sweetgem

Hi would you be so kind to check over my message. I am going to appeal I do not receive the original notice to keeper and have taken points that were written on my thread On the appeals page online do I need to fill all the details in including my email as I am the registered keeper. There are 3 roads in my town with the same name. One is within a 2 mile radius and the other a 6 mile radius. There are times when post has gone walkabouts. £100 is a lot of money for me. I am appalled that they would want to ask for that much. Parking was only an hour and 16 minutes long which is stated on their appeals page. I haven’t been well so it’s taken me time to write back. I have until the 8th November. Your help is so gratefully appreciated.

This is the letter ( do I put my name on the bottom). This was an ANPR by the way I received the PCN IN THE POST. so I need to remove something about it not being delivered. I’m really sorry I’m still really struggling to process the jargon as i am dyslexic. Please could someone amended for me with the relevant laws As I may have got mixed up and put the wrong ones in


As per this Link
I did not receive the first 2 letters but received the last 2. Many thanks for all your help.

padi.zendesk.com/hc/en-us/articles/203537642-ParkingEye-Ltd


Dear Sir/Madam

I received a Parking Eye letter dated the 24th September as the registered keeper relating to an alledged Parking contravention that occurred on the 15th August at the Holiday Inn in ..... I apologise for the delay in writing to you but due to poor health was not able to. Subsequently I received another Letter Before County Court Claim dated the 9th October 2018 asking to pay £100.

I am appealing to yourselves to cancel this Parking Charge as this Notification was delivered outside of the relevant period under Schedule sub paragraph 8(4)(5) of the Protection of Freedoms Act 2012 (POFA) – as a compliant Notice to keeper was never served or received so no Keeper liability can apply. In addition Parking Eye has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge.

I would also like to draw tour attention that a Notice to Keeper was not delivered and your subsequent letter dated the 24th September was delivered outside of the relevant period under Schedule 4 sub paragraph 9(4)(5)
POFA Schedule 4 sub-paragraph 9 (4) and (5) states the following:
(4) 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.

(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the notice to driver was given.

The Parking Charge Notice was stated by Parking Eye to be issued on 15 August 2018. The keeper received the letter informing them on the 24th September 2018 stating that 29 days had passed from the date notice of the. parking charge was given. This initial notice to keeper was never received and the letter sent on the 24th September which was received is outside of the 14 days days following the initial notice.

Therefore the keeper cannot be made liable for this charge.



I look forward to hearing that you have cancelled the above Parking Charge Notice

Yours Faithfully ( do I sign this?)

I am cutting it fine but I was hoping to get a reply to some follow up questions

sweetgem

Just to be clear I am appealing the MAIN Fact I did not receive a NOTICE TO keeper 14 days after the alledged contravention occurred on the 15th August. The first correspondence I received from Parking Eye was on the 24th Sepetember. So please can anybody help me compose a strong reply. I would be very grateful. I’m not understanding much that’s the problem however hard I try.

sweetgem

I know you are very busy but some assistance would be gratefully appreciatted