Parking Eye Referral for further information

DocT92

I have recently appealed a parking eye "fine" on the basis that I wasnt the driver of the vehicle, I have exercised my right not to name the driver and have appealed as keeper of the vehicle only.

My appeal was essentially a copy and paste out of the newbies thread. Having successfuly appealed 3 or 4 "fines" in the past, albeit none from Parking Eye, I was quite confident that I wouldn't hear anything back other than cancellation of the "fine". This time however, they state they are "referring the appeal for further information" Copy and paste below.

The appeal was lodged 30/05/2019
This extract was received by email on 20/06/2019

Reference: Parking Charge Notice - xxxxx/xxxxx
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on xx May
2019 at xx:xx, at xxxxx
We are writing to advise you that your recent appeal has been referred for further
information.

You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park, but you have not indicated who was.
You have already been notified that under section 9(2)(b) of schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking
charge in full. As we do not know the driver’s name or current postal address, if you were
not the driver at the time, you should tell us the full name and the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue, the parking charge has not
been paid in full and we do not know both the name and current address of the driver, we
have the right to recover any unpaid part of the parking charge from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you
do not provide the full name and current postal address of the driver, ParkingEye will be
obliged to deal with the representations made in your name.
ParkingEye have placed this charge on hold for 28 days to enable you to provide the
evidence requested. If this information is not provided within 28 days, the appeal may well
be rejected and a POPLA code provided.
Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by
visiting ......... or by posting a cheque or postal order to ParkingEye Ltd,
PO Box 117, Blyth, NE24 9EJ.
ParkingEye Limited, 40 Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
If this charge has been paid and you choose to provide further evidence relating to your
appeal, please forward this to us for consideration.
Yours faithfully,
ParkingEye Team


I could do with some advise on how to approach this recent request for further info as I am yet to come across another example on the forum.

Regards

KeithP

Happens all the time.

Ignore it and wait patiently for your appeal rejection letter complete with PoPLA code.

While waiting you might like to be reading post #3 of the NEWBIES thread where you will find comprehensive guidance on how to create a winning PoPLA appeal.

Le_Kirk

They are phishing for the driver's name and address, you do not have to supply that.

DocT92

Thanks for your quick response,

At this stage is it no longer worth entering into further correspondence with ParkingEye at all?

Also, when referencing POFA, they seem quite convincing that they can "recover unpaid parking charge" from the registered keeper. Is this a blatant lie? Are they simply using forceful wording in order to get me to break and pay up?

Thanks,

Umkomaas

I have recently appealed a parking eye "fine" on the basis that I wasnt the driver of the vehicle, I have exercised my right not to name the driver

If PE have all their PoFA ducks in a row (which they mostly do) your appeal argument carries no weight, sorry.

Occasionally they do slip up and miss certain deadline dates to pursue keeper liability, so could you give us:

1. The date of the parking incident?
2. The Date of Issue (sometimes called Date of Sending) as shown on the NtK?

I know PE have issued the PoFA warning in their letter of response, but does the NtK have it shown on the reverse page?

You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act.

KeithP

DocT92 wrote: »

At this stage is it no longer worth entering into further correspondence with ParkingEye at all?

No.

Re-read this:

KeithP wrote: »

Ignore it and wait patiently for your appeal rejection letter complete with PoPLA code.

Also, you told us that PE said:

ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided.

DocT92

umkomaas wrote: »

if pe have all their pofa ducks in a row (which they mostly do) your appeal argument carries no weight, sorry.

Occasionally they do slip up and miss certain deadline dates to pursue keeper liability, so could you give us:

1. The date of the parking incident?
2. The date of issue (sometimes called date of sending) as shown on the ntk?

I know pe have issued the pofa warning in their letter of response, but does the ntk have it shown on the reverse page?

1. 16/05
2. 28/05

I will check reverse when i get home but i am convinced it did state the POFA warning. It didnt appear to be a template with any paragraphs missing as I came across in the forum elsewhere.

Umkomaas

Unfortunately dates are within PoFA requirements.

The_Deep

They may struggle with signage if it goes to court, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.