ParkingEye - POPLA & missing evidence?

BerbaKing11

Hello all,

I've received a POPLA code from ParkingEye Ltd and have been reading through the newbie threads. I'm looking for a couple of quick pointers:

1. I believe I am in possession of a 'Golden Ticket' - no mention at all of POFA 2012 or Keeper Liability after X-number of days.

2. ParkingEye's evidence is two pictures of a car at times that show it to be outside of the 3 hours parking limit. No pictures of the actual signage have been provided.

Would I be right in thinking that I could grab a template about signage as per the Newbies thread, and mention a line about no evidence of signage or terms being provided by ParkingEye? And would I be right in thinking I throw in an additional line somewhere in my POPLA appeal such as the one mentioned elsewhere that was part of a successful appeal:

"2)The operator has not shown that the individual who it is pursuing is in fact liable for the charge.
At no point have ParkingEye provided any proof as to the identity of the driver of the vehicle; nor have I provided them with the identity of the driver (nor do I intend to).

I have contested this with ParkingEye with regards to their PCN reference REFERENCE, but they have written to me (dated DATE) to say I have been unsuccessful and provided POPLA reference REFERENCE."

There's obviously lots of advice on these forums, and my initial takeaway was to copy/paste some enormous appeal. Is this overkill or will the above strategy be sufficient?

Thanks!

Redx

1) you dont get signage pictures with an NTK, just 2 anpr pictures

their evidence pack is submitted by them after your appeal is lodged with popla , but only if they wish to contest your popla appeal, which is when they upload their comments and evidence pack , which should include signage etc

2) you chuck every possible appeal point into your popla appeal , start with POFA non compliance (if its a golden ticket so no POFA paragraph)

no liability passed from driver to keeper

no landowner authority

poor and inadequate signage

etc

yes a large appeal with all the points I stated, plus anything else, uploaded to POPLA as a pdf appeal after choosing OTHER and uploading to their bin icon, no using all the other menu options , just OTHER


PE may tell popla they are not contecting the appeal, otherwise they will upload their evidence pack, then you get 7 days to rebut their pack

Coupon-mad

You need to start with a point that tells the POPLA Assessor that the PCN is non POFA and how you can tell, and the dates if it was sent too late. POPLA need it spelt out.

IMHO you cannot overkill a POPLA appeal and as well as the other points you mentioned, you'll also need the standard one about no landowner authority.

BerbaKing11

Thank you both.

Is it then worth, in your opinion, adding every objection possible (even if they are nonsense, eg grace periods - the driver overstayed by 1.5 hours). The goal I presume here is to force PE to counter *all* points made.

So, bombard them with everything (legitimate or not), but making sure the POFA non-compliance is the first point?

Many thanks again.

BerbaKing11

Ok so...

A mistake on my part. The parking charge is not a golden ticket - I was in possession of a reminder letter. I'm dealing with this on behalf of a relative so have now been shown the original and unfortunately it does mention the POFA/29 days etc etc...

Is it still worth appealing on those grounds along with everything else even if on spurious grounds?

The_Deep

Their signs are rubbish, read this thread

https://forums.moneysavingexpert.com/discussion/5972164

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

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

Redx

BerbaKing11 wrote: »

Ok so...

A mistake on my part. The parking charge is not a golden ticket - I was in possession of a reminder letter. I'm dealing with this on behalf of a relative so have now been shown the original and unfortunately it does mention the POFA/29 days etc etc...

Is it still worth appealing on those grounds along with everything else even if on spurious grounds?

Waste of time arguing pofa etc if PE complied with it

No landowner authority and poor and inadequate signage etc are the best points

The best solution is a landowner cancellation asap