ParkingEye Holy Trinity Church

Holidays_in_uk

Hi,


I need some help with a POPLA appeal. The driver received a PCN which appears to be a golden ticket. I just had a few questions:


1. Date of event (14/09/2018) and Date issued (27/09/2018) but keeper didn/t receive until 01/10/2018: Does that mean this is within the 14 day relevant period for POFA compliance?


2. Total time in car park is 3hr20mins and paid for 3hr. Would it be worth including the grace period argument here?


Many thanks for all your help.

Fruitcake

The date of the alleged event is day zero.

The day after is day 1, which would be the 15th. The NTK must therefore arrive no later than the 29th for the keeper to be liable. It is deemed to have arrived two working days after posting, which would be Monday the 1st, so out of time.

If the NTK mentions POFA, it is not a golden ticket. If it does not mention POFA, then it is.

Include ALL the appeal points available to you.

Umkomaas

1. Date of event (14/09/2018) and Date issued (27/09/2018) but keeper didn/t receive until 01/10/2018: Does that mean this is within the 14 day relevant period for POFA compliance?

27/9 was a Thursday. The second working day after would be Monday 1/10, which is day 17 after the day following the parking event.

Does the NtK have the PoFA warning paragraph (reverse side)

'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences ' You are warned that if, after 29 days from the date given ....'?

From the Protection of Freedoms Act 2012:

6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

Fruitcake

The Keeper received the PCN/NTK, not the driver, unless there was a windscreen ticket, which would negate everything you have told us so far.

Holidays_in_uk

Sorry I meant the keeper received the NTK/PCN.


And definitely no mention of PoFA warning paragraph

Coupon-mad

Then you win.

Easy, no need to reinvent the wheel or chew over an appeal here. It's all been done on any similar PE thread.

Search ParkingEye Golden Ticket POPLA on the forum and copy one, and they will crawl right back under their stone when they see it from POPLA.

Umkomaas

Booooooom!

Golden Ticket! Sweet.

Don't screw it up!

Holidays_in_uk

Hahaha no pressure!

I am using the template from @scamdodger from 16/09/2018 together with @Coupon-mad's added comments and a section with Grace Period.

Do you think this paragraph is clear enough to explain the NTK being outside the 14 day relevant period?

[FONT=&quot]The NTK sent to myself as Registered Keeper arrived 17 days after the alleged event. – see [/FONT][FONT=&quot]Appendix A, [/FONT][FONT=&quot]PCN[/FONT][FONT=&quot]from ParkingEye with the ‘event date’ of 14/09/2018 and the issue date of 27/09/2018. [/FONT][FONT=&quot]There is no evidence that the PCN was actually posted on that date. I can honestly confirm that the notice was not received until Monday 01/10/2018. POFA 2012 assumes the notice to keeper to be delivered on the 2nd working day after the day on which it was posted. The 2nd working day is Monday 01/10/2018, which is day 17 after the day following the parking event and therefore beyond the 14 days set out in sub-paragraph 9 (5).[/FONT]

Umkomaas

I'd highlight the term 'working day' as I'm never convinced that POPLA assessors are too bothered about some of the finer details. They might just do a basic day count - and arrive at the wrong conclusion.

It's now a safety first message we give that any nuance in an appeal should be spelled out in Janet and John fashion so assessors are kept on track.

You will be adding other appeal points too, I presume?

Holidays_in_uk

Thank you.

Yes I'm including these points:

1. The Notice to Keeper does not include any details of the Protection of Freedoms Act 2012 (POFA). 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.

2. The NTK does not comply with sub-paragraph 9 (2, 5 & 6) of POFA - therefore no keeper liability can apply.

3. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

4. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice.

5. [FONT=&quot]ParkingEye’s failure to adhere to the British Parking Associations (BPA) Code of Practice Grace’ Periods.[/FONT]

Coupon-mad

Yep that'll win - happy days!