ParkingEYE PCN POPLA ASDA

RangerFord

Morning All,

Whilst the great volume of information on here, and in the "Newbies" thread is fantastic, it's somewhat overwhelming & not the clearest, thus taking the time to create an account & post.

Vehicle is a lease vehicle through Arval - Received notification from them on the 16/11/2018 regarding the incident on the 14/10/18 - Information below as to the incident.

***************

Parking Charge Reference
[****][****}
Vehicle Registration Number
YR68***
Contravention Date/Time
14/10/2018 23:15:07
Contravention Location
Asda Brighton Marina
Location Address
BRIGHTON MARINA, BRIGHTON, BN2 5UT
Stay Duration
4 hours 33 minutes
Allowed Duration
3 hours 0 minutes
Status
Open
Outstanding Balance
£40.00 (Please allow 24 hours after payment for it to be reflected on the balance)

********************

I appealed this decision via ParkingEyes online appeal process with the following blurb that had been found in the thread titled

"Civil Enforcement and a lease car, cancelled the PCN"

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
My name

They've now come back with the standard rejection:

"Thank you for your correspondence in relation to the Parking Charge incurred on 14 October 2018 at 23:15, at Asda Brighton Marina car park.

We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure. This site is a maximum stay car park, as per the terms and conditions as detailed on the signage. Your appeal has been rejected on the basis that the maximum time allowed was exceeded.
Please be advised:"

Can someone provide the best response to POPLA that I now have to go through?

Kind Regards,

Jd

The_Deep

Why did you stay for nearly five hours in an ASDA car park?

The signs, (Google Earth, July 2018), clearly state that misuse of the car park will be reported to the police under Section 59 of the Police Reform Act 2002. Is this land covered by bye-laws, if so, how come PE are involved?

RangerFord

New truck didn't fit well within the Brighton Marina multi-story, forgot Asda was managed - went and watched a film & had dinner... Bit of a doh moment...

Umkomaas

When you received your initial letter (Notice to Hirer) from PE, did it include with it a copy of your hire/lease agreement with Arval?

Please read Schedule 4 of the Protection of Freedoms Act 2012, particularly para 14 and check your NtH against the rest of that paragraph. Did it contain the required warning [9-5(c)]?

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

The above will be your starting point for drafting your POPLA appeal. Check the NEWBIES FAQ sticky, post #3 for other template appeal points to add weight.

Also, do a forum search for other PE POPLA appeals involving hire/lease vehicles. Use a search term like 'ParkingEye POPLA hire lease' (make sure ParkingEye is all one word, otherwise you'll pick up every reference to 'parking' on the forum, and your computer will blow a fuse!).

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Let us see your POPLA draft for critique before submitting. Don't miss your POPLA deadline - PE are litigious.

RangerFord

Umkomaas wrote: »

When you received your initial letter (Notice to Hirer) from PE, did it include with it a copy of your hire/lease agreement with Arval?

Please read Schedule 4 of the Protection of Freedoms Act 2012, particularly para 14 and check your NtH against the rest of that paragraph. Did it contain the required warning [9-5(c)]?


The above will be your starting point for drafting your POPLA appeal. Check the NEWBIES FAQ sticky, post #3 for other template appeal points to add weight.

Also, do a forum search for other PE POPLA appeals involving hire/lease vehicles. Use a search term like 'ParkingEye POPLA hire lease' (make sure ParkingEye is all one word, otherwise you'll pick up every reference to 'parking' on the forum, and your computer will blow a fuse!).

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Let us see your POPLA draft for critique before submitting. Don't miss your POPLA deadline - PE are litigious.

I did not receive any direct comms from PE, just an email from Arval.

Please see photo attached (Cannot directly link yet so edited URL)

https:// imgur. com /a/gyVbpul

Umkomaas

https://imgur.com/a/gyVbpul

Photo not [STRIKE]articulately[/STRIKE] (damned predictive text!) particularly clear.

If PE have not sent you any initial correspondence in the shape of a Notice to Hirer or the attendant supporting docs as per PoFA Schedule 4 para 14, then that will be the main thrust of your POPLA appeal - which will be a slam-dunk win provided you haven't given them the identity of the driver in your correspondence.

They need to have followed the strict requirements of PoFA to transfer liability to the hirer.

Do you have your POPLA Code?

RangerFord

Umkomaas wrote: »

Photo not articulately clear.

If PE have not sent you any initial correspondence in the shape of a Notice to Hirer or the attendant supporting docs as per PoFA Schedule 4 para 14, then that will be the main thrust of your POPLA appeal - which will be a slam-dunk win provided you haven't given them the identity of the driver in your correspondence.

They need to have followed the strict requirements of PoFA to transfer liability to the hirer.

Do you have your POPLA Code?

PE have not sent me anything directly, I used their online appeals process to send the above template only on receipt of the email from Arval - The email received from Arval had no attachments.

PE have only emailed me directly to inform me of my appeal process with them being denied.

I haven't provided any information as to the identity of the driver, simply "I am the vehicle's hirer and keeper for the purpose of the corresponding" and "There will be no admissions as to who was driving and no assumptions can be drawn."

I do have a POPLA code which came with their rejection of Appeal.

RangerFord

Further update, I've now received my "Parking Charge Notice" through the post from ParkingEye to my business postal address, detailing my charge amount of £70.00 payable by 1/1/2019 or discounted rate of £40 if paid within 14 days of 17/12/2018.

Does this affect my appeal with POPLA now they've finally sent me a copy directly?

Castle

RangerFord wrote: »

Does this affect my appeal with POPLA now they've finally sent me a copy directly?

Read posts 4 & 6.

RangerFord

Long story short, missed my POPLA appeal date (yes I know!)

Received this yesterday (unable to upload - still).

"Final Notice"

Outstanding amount due: £70.00

"Remains outstanding [...] initial appeal unsuccessful [...] Given 28 days to further appeal to POPLA, however period has now passed and you have not completed a further appeal.


Any thoughts & ideas welcome on now how to proceed?

Umkomaas

We gave you a guaranteed get out of jail card, all you needed to do was copy and paste a PE/car hire POPLA appeal and that would have been the end of it. Now you're faced with 6 years of uncertainty as to whether PE will institute court proceedings. They are very litigious.

Your only chance of now killing this off - if you will follow our advice this time - is to complain to the Asda manager (not Customer Service rep) and ask him/her to intervene. They do appear to be helpful to genuine customers in this regard.