ParkingEye POPLA Rebuttal help

Appealant123

Hi guys, hoping you can help.

I've followed the NEWBIES thread and read around other threads and reached the point where a POPLA appeal was submitted.

Parking Eye have now come back with this evidence pack - MSE won't allow me to post links so have had to put spaces in the URL: https:// tiny url.com/yjcw7nny
(any black boxes over personal info up to page 36 are from me, page 37-40 on the contract is from PE):

...And I had a few questions I was hoping you could help with:
1. The original letter from PE was misplaced so I couldn't check to see if it was a golden ticket - the letters in the evidence pack suggests it is... no mention of 29 days etc. Is this correct?
2. A payment was made as shown in the whitelist section - how would you rebut this?
3. Any help on what to comment back would be hugely appreciated.

Thank you!

KeithP

You may not find may people willing to click on a tinyurl link.

fisherjim

That link is fine but you have left both the VRN and POPLA verification code in the boxes at the top of page 3

Redx

Post your proposed rebuttal below, ensuring it's under 2000 characters , then people may assist you

Appealant123

Thanks fisherjim, have amended that now. KeithP - I didn't know how else to share but appreciate you mentioning.

@Redx - makes sense. I'm drafting currently so will share soon. Would you say there are grounds for a golden ticket type appeal based on what's here?

Redx

No idea until you post the rebuttal then people can check your statements against their evidence, hence why I said , post your rebuttal , you do the work , regular members may check it

Read other recent popla rebuttals for inspiration

Appealant123

Hi, I was going to go through each point but assuming it's a golden ticket, I'm looking instead to go all-in on this as I wasn't sure how to make a strong case around a few other points e.g. the grace period being 10mins either way, the ticket purchased was for 1 hour and the driver left 21mins after the time period was up so the 20mins grace is out by 1min!?

Would really appreciate your thoughts around the rebuttal below assuming this is a golden ticket!

On the 14th August 2019, ParkingEye Ltd. issued a parking charge to myself (as keeper of the vehicle) highlighting that the above mentioned vehicle had been recorded via their automatic number plate recognition system for “remaining at the car park longer than the stay authorised”. There was no windscreen ticket on the vehicle - the notice to keeper was sent via post.

As the registered keeper I wish to refute these charges and have this PCN cancelled on the following grounds:
The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5) and is not POFA compliant - ParkingEye’s own documentation (shown in Operator Information and Evidence) shows that the event to which they refer occurred on 11/07/2019, but they did not issue the PCN until 14/08/2019, over a month later.
The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

Please see below for details
1) This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates and the wording used.

Under schedule 4, paragraph 4 of the POFA, an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle if certain conditions are met as stated in paragraphs 5, 6, 11 & 12. ParkingEye have failed to fulfil the conditions which state that the keeper must be served with a compliant NTK in accordance with paragraph 9, which stipulates a mandatory timeline and wording:-

’’The notice must be given by— (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.’’

The applicable section here is (b) because the NTK was delivered by post. Furthermore, paragraph 9(5) states: ’’The relevant period...is the period of 14 days beginning with the day after that on which the specified period of parking ended’’

The NTK sent to myself as Registered Keeper arrived 33 days after the alleged event. - see the attached PDF from ParkingEye with the ‘event date’ of 11/07/2019 and the issue date of 14/08/2019 (ie, over one full month later!)


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 XXXXXXXX, but they have written to me (dated 27/09/2019) to say I have been unsuccessful and provided POPLA reference XXXXXXXXX

I sincerely hope you are able to help me.

Redx

Too much waffle and background info , you only have 2000 characters , so make concise and effective bullet points on each and every point you can find

Start with golden ticket bullet points , add no landowner contract , grace periods and poor signage etc , if those are found to help you

So write down a single word short sentence for each bullet point that you are making , check the character count , then expand concisely but stay under 2000 characters , so no waffle , no full stops , it's not a chatty letter , it's simple short sentences if few words but powerful meanings

The first 6 lines are waffle , as it's the last paragraph (4 lines)

2000 characters is not a lot , so check it , pare it back , etc

The_Deep

[FONT=Times New Roman, serif]PE signs leave much to be desired. Many judges might find them insufficiently clear to form a contract, read this;[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading[/FONT]

[FONT=Times New Roman, serif]Here is one that one on signage recently.[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5957364/first-parking-eye-appeal-unsuccessful[/FONT]
[FONT=Times New Roman, serif]
[/FONT] [FONT=Times New Roman, serif] [FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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






[/FONT]

MistyZ

Appealant123 wrote: »

the grace period being 10mins either way, the ticket purchased was for 1 hour and the driver left 21mins after the time period was up so the 20mins grace is out by 1min!?[/COLOR]

I can't make the link work so am somewhat in the dark. However commenting on grace periods may be worth it. It depends what was in the POPLA appeal. If you referred to / quoted the BPA CoP 13.2 and 13.4 then you can reiterate that the CoP states that the grace period at the beginning should be a minimum of 10 minutes and the same is true at the end of parking.

If the appeal had a section on no landowner authority and the PPC have not supplied a copy of their contract then state that, adding 'therefore my appeal must be allowed'.

Bullet points are fine. Use capitals for anything you need to emphasise, for some reason italics and bold text don't work in these things.

Challenge everything you can.

Appealant123

Thank you guys. Will redraft and post again later this evening.