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ParkingEye ANPR - Leeds City Center
Comments
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I will put in an "appeal" through their online portal stating the above and go from there.
Thanks Redx0 -
I never said use that as an appeal, the basis of any appeal to PE on their website will be what the edna basher posts tell you
PE are unlikely to have the lease contract as well as the NTK (or included it like POFA tells them to) and so there are much better legal arguments as to why a lessee is not liable, the imprisoned vehicle is merely icing on the cake for popla or a judge0 -
In terms of Edna Basher's post, I don't think it fits, I am not a fleet manager, merely an employee with the benefit of the car, am I even allowed to submit the below to them, surely I would need to be in a position of authority?
The quoted text states "Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Topher Ltd to expect us to pay this charge" - but in my case they have the ANPR pictures coming and going, how can I dispute that?
How does this section apply in my case: "Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Topher Ltd has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper."0 -
it is quite clear that you have not understood your position in this matter
you said this was a postal pcn
you said this was a company vehicle
so you are the day to day keeper of that vehicle and so it is "leased" or "hired" to you , it is not YOUR vehicle nor is it YOUR name on the V5C
in order for YOU to have received the postal notice the RK (the company or leasing firm) must have nominated YOU as day to day keeper, as the lessee (which I did tell you earlier)
POFA2012 has specific clauses as regards what paperwork a hirer or lessee must receive if the PPC wish to invoke POFA2012 to make that keeper/lessee as liable for the invoice that you received
PE have no idea who was driving the vehicle, so keep it that way, edit your posts above , only use thee words KEEPER , DRIVER , LESSEE etc
now because you are lessee , you are appealing as one , based on what edna basher infers in his posts (ie this isnt the same as the blue text appeal, because of your lessee status)
only a fool blabs about who was driving, and if PE have failed POFA2012 as regards the paperwork, then the driver is irrelevant and you as keeper (lessee) are not liable in law
this is about technicalities, not what happened on the day (but what happened on the day may, repeat MAY become relevant)
take some time to think about it0 -
Surveyor101 wrote: »In terms of Edna Basher's post, I don't think it fits,
The 3 examples above the Fleet one in the NEWBIES thread, also come from Edna Basher and are about individual hirers. Not sure how people miss them?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Not sure how people miss them?
I really have drilled my (now grown up, with their own kids) children in reading and complying with all signs in private car parks. Newbies - we are not a parking anarchy forum. Do as the signs say - then no PPC crap on your plate.
Unless people do this routinely, they are almost destined to fail, then they have months, even years, of shiite to deal with to escape the clutches of the monster PPC industry.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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