ParkingEye - 2 PCNs in 2 weeks and I was not the driver

VitaFortunato

Would be so grateful for any help with this. I have received two PCNs from Parking Eye in the last two weeks for contraventions at Brighton Asda Marina car park. It seems that no parking is permitted from midnight Saturday until 10am Sunday - but there is no barrier and the car park is open. My uncle has been visiting from South Africa and on both Sunday morning occasions took my car, parked at the very back of the car park and walked through to the sea front in order to take a morning walk by the UK coast. He was no more than 45 minutes each time but was clearly unaware of restrictions (coming from a country where there are no such restrictions) or I'm sure he wouldn't have done it.
He has since returned to South Africa where he is now hospitalised and I have no desire whatever to further worry him.

Can anyone advise me where to go with this? There is not a hope in hell that I can afford to pay either the £80 for timely settlement or the £140 if I leave it. I am not well myself and am getting myself into a terrible fret about all this and I would be so thankful for any good advice.
Many thanks

Redx

If PE complied with POFA and if POFA applies then not being the driver is irrelevant if they invoke keeper liability which they are at the moment

You can either try appealing as keeper as per the Newbies thread , or name the driver with their address in SA , to swerve it away from yourself

A landowner complaint may yield cancellations , which is the best option , so read the newbies sticky thread first

MistyZ

Redx wrote: »

You can either try appealing as keeper as per the Newbies thread , or name the driver with their address in SA , to swerve it away from yourself

If the driver is named, are the chances of P.E. pursuing someone who is permanently(?) resident in South Africa vanishingly small or could they revert to pursuing the keeper?

OP, do go for a landowner complaint. Lay it all on the line with whoever owns or manages the land on which the car park stands - is it Asda? Whilst this doesn't sound like a customer complaint, the explanation you provide here is a very understandable one. Find the landowner, contact the manager if it's the store, followed by the CEO if you don't get the right response. Don't delay, do that right away.

Redx

If the driver is named with a serviceable address , POFA has been complied with and no keeper liability , which is why I mentioned it as being the best option bar a landowner cancellation

The fact it's a foreign address gives PE a real headache as there is little or nothing they can do , the driver ignores any letters , the Keeper has named the driver so no keeper liability

There are previous incidents on this site , so the OP needs to check the NTK for the POFA liability paragraph on each NTK too

https://forums.moneysavingexpert.com/discussion/5712943/4-x-parkingeye-notices-asda-brighton-marina

MistyZ

Redx wrote: »

If the driver is named with a serviceable address , POFA has been complied with and no keeper liability , which is why I mentioned it as being the best option bar a landowner cancellation

The fact it's a foreign address gives PE a real headache as there is little or nothing they can do , the driver ignores any letters , the Keeper has named the driver so no keeper liability

As I thought. I wasn't sure and imagined that the OP would want to know that naming driver is a really safe bet, given that they are unwell.

Looking good OP!

VitaFortunato

There are previous incidents on this site , so the OP needs to check the NTK for the POFA liability paragraph on each NTK too

I am very grateful for your advice. I'm afraid I've got myself into a complete state about all of this and I can't understand what this - the quoted bit - means. I have checked the Newbies thread and all the offshoot links and it's just scrambled in my head now.

My Uncle would not deny being the driver but is in no fit state at the moment to be dealing with this - this even supposing that any letter would get to him, so dire is the South African postal service. I just don't know what to do next!

VitaFortunato

Thank you Misty and everyone else - I do appreciate you taking the time to answer me.

MistyZ

VitaFortunato wrote: »

IMy Uncle would not deny being the driver but is in no fit state at the moment to be dealing with this - this even supposing that any letter would get to him, so dire is the South African postal service. I just don't know what to do next!

That's the whole point - I don't think he would have to deal with it, he would just have to ignore their correspondence completely. The PPCs are relentless in pursuing people in this country, toothless with those resident outside of the UK.

So once you're satisfied that you've had sound advice, name the driver to P.E. within the timeframe. And get to work on the landowner complaint.

VitaFortunato

Thank you Misty. And if he did ignore it completely would it then come back to me do you think? Sorry for so many dumb questions - obviously never had anything like this before!

MistyZ

That's why I asked Redx to double-confirm his advice. He's much more experienced at this than me, probably been around here far too long LOL.

Re-read the thread. Calmly check out the link Redx gave you. Start planning a humdinger of a landowner complaint. Do not worry!

Redx

I was quite clear when I said that the Driver ignores it , after their name and address have been given to PE by the keeper

At no time did I say that the uncle should deal with it

The POFA warning should be on the Postal PCN,s if they arrived within 14 days

Either the warning is there , or it's missing , can only be one or the other

If it's not there , read about golden ticket in the newbies thread , where you as keeper have no liability

If it is there , then you should name the driver so you are out of the picture completely

My advice was if and but due to unknown facts , so I covered them all , just in case

Read what this thread says about POFA and Keeper liability and transferring to drivers or hirers

https://forums.moneysavingexpert.com/discussion/6065943/request-for-charge-cancellation-or-popla-code-didnt-work&highlight=clark&page=2