Genuine mistake

LarryR

Hi
I recently parked in a hospital BPA/Parking Eye car park and with all the rush of visiting my friend I completely forgot to pay for parking. I have now received a Parking Charge Notice from Parking Eye saying that I owe £100 (£60 if I pay within 14 days, which is in the next day or so). They have included a photo of my car entering the car park and leaving half an hour later.

I guess my question is, is there any point in me fighting this? Or do I have no defence? It's galling to have to pay such a high fine, but is there anything I can say that would enable me to not pay this hefty charge?

Thanks in advance
L

PS I have read through the Newbies sticky post but couldn't see anything that covered this question?

Coupon-mad

The part of the thread that covers this, is to try for a landowner cancellation first.

And for you to look at the wording on the back of the PCN to see whether the PCN is a Golden ticket or not (see the link in the THIRD post of the NEWBIES thread, which explains this.

If you get lucky and have a Golden ticket, then you'd win. Do you have one?

LarryR

Hi, thanks so much for the quick reply.

I have looked at the back of my PCN and it looks like a 'Golden ticket', ie it looks exactly like the example photo linked below the explanation. Doesn't say anything about POFA or 29 days?! So should I just follow the template linked underneath? It can't be that easy, surely??

L

waamo

LarryR wrote: »

Hi, thanks so much for the quick reply.

I have looked at the back of my PCN and it looks like a 'Golden ticket', ie it looks exactly like the example photo linked below the explanation. Doesn't say anything about POFA or 29 days?! So should I just follow the template linked underneath? It can't be that easy, surely??

L

Sometimes the most beautiful things in life are the most simple things.

Coupon-mad

LarryR wrote: »

Hi, thanks so much for the quick reply.

I have looked at the back of my PCN and it looks like a 'Golden ticket', ie it looks exactly like the example photo linked below the explanation. Doesn't say anything about POFA or 29 days?! So should I just follow the template linked underneath?

It can't be that easy, surely??

Woohoo!!!! Glad I asked!

As long as that is not the second letter (not headed PCN Reminder) then you win simply by appealing as keeper.

Or are you a lessee/hirer?

What's the date of the event and date of issue top right of the PCN? More than two weeks gap?

LarryR

I've just read the post with the template, however, this seems to mostly hinge on dates, that the NTK was issued after the 14days. My PCN issued date is dated within the 14 days (of the original infraction), even though I'm sure it arrived through my letterbox a week after that date (so more than 2 weeks after the date I parked). Eg I parked on 13-Apr, The PCN has a "Date Issued" of 24-Apr, which is 11 days after date I parked, but this didn't come through my letterbox until 2-May (although hard to prove).

Does this make a difference or do I just go down the wording-only route?

Thanks

LarryR

This is first letter - just says "PARKING CHARGE NOTICE". And no I am not a lessee/hirer.

LarryR

I submitted the appeal on the Parking Eye website this morning using the 'Other' reason and pasting in the generic appeal text from the Newbies sticky post, however, when I got home this afternoon I found a "Reminder Notice" had arrived today. Does that make a difference?

Thanks

Coupon-mad

No, they always send one. Ignore it.

Eg I parked on 13-Apr, The PCN has a "Date Issued" of 24-Apr, which is 11 days after date I parked, but this didn't come through my letterbox until 2-May (although hard to prove).

Does this make a difference or do I just go down the wording-only route?

Makes NO difference as long as you point out to POPLA till you are blue in the face, that this is a non-POFA PCN version.

They got one wrong last month and the OP is having to complain. The so-called trained Assessor said a P/Eye PCN was POFA compliant when it was clearly a Golden Ticket (our phrase, not for POPLA!) and despite them being given a HUGE clue in the PE evidence pack, where PE admitted it wasn't a POFA one!

Was yours sent just before a Bank Holiday/Easter? Tell us the REAL dates.

LarryR

Hi thanks again for the replies. The dates were - Date of Event: 14/04/2019 and Date Issued: 25/04/2019 and Discount if Paid within 14 days of the date issued: 09/05/19.

Coupon-mad

So your dates do support the fact it's a non POFA PCN (as well as non-POFA wording). You don't have to prove when it arrived, you don't need to.

Any NTK allegedly posted on a Thursday is deemed delivered two working weekdays later - Monday 29th at the earliest. That's a day too late for keeper liability anyway, regardless of wording.

As I said, think of the POPLA Assessor as a child and you are the teacher! You must give chapter & verse as to why there can be no keeper liability. They are TERRIBLE about understanding keeper liability recently, I suspect new POPLA Assessors who've not been properly trained.