We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

LBC on behalf of parkingeye

1468910

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Odd. You checked the back of it? 
    They were within the 14 day first hurdle, which I am sure you found out, so normally they would have included the POFA para on te NTK. 
    Did it include everything else, such as liability for this lying with the keeper after the period of 28 days beginning with the day after the notice is given? 
    post up the FIRST ntk
    The reminder is irreevant. 
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 July 2020 at 4:02PM
    As you say, I expect they are looking at the Reminder. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 July 2020 at 4:54PM
    AFS70 said:
    Date of event: 26/01/20
    So the first PCN (issue date: 07/02/20) has no mention of POFA2012 on it but the second letter (Dated 03/03/20) Stating
    "we are writing to inform you that the requirements of Schedule 4 of the Protection of Freedom Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper." 
    The first PCN/NTK would have been deemed to have arrived on Monday the 10th of Feb, which is day 15, therefore a day too late for keeper liability to apply. That's a golden ticket and why there is no mention of the PoFA on it.

    That would have been a dead easy win at PoPLA. If you want to rely on the PoFA now for that PCN, you will need to edit all your posts to remove the bits where you have identified the driver.

    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Castle
    Castle Posts: 4,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Fruitcake said:
    AFS70 said:
    Date of event: 26/01/20
    So the first PCN (issue date: 07/02/20) has no mention of POFA2012 on it but the second letter (Dated 03/03/20) Stating
    "we are writing to inform you that the requirements of Schedule 4 of the Protection of Freedom Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper." 
    The first PCN/NTK would have been deemed to have arrived on Monday the 10th of Feb, which is day 15, therefore a day too late for keeper liability to apply. That's a golden ticket and why there is no mention of the PoFA on it.

    That would have been a dead easy win at PoPLA. If you want to rely on the PoFA now for that PCN, you will need to edit all your posts to remove the bits where you have identified the driver.

    Actually it would be Tuesday 11th Feb; 2 working days after Friday 7th Feb.
  • AFS70
    AFS70 Posts: 37 Forumite
    10 Posts
    Thank you!
    The shopping centre manger has responded again stating, it is too old for him to look at apparently and that he is unable to access the necessary information.... 
    he also advised that the card based barrier system was taken out of commission late October and that they ran a short term pay-on-entry system, prior to the implementation of the ANPR system on the 5th December...  not really sure how this helps..
  • AFS70
    AFS70 Posts: 37 Forumite
    10 Posts
    what will you advise now?
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AFS70 said:
    what will you advise now?
    If you're waiting on a response from PE asking for a POPLA code, then await that. There's no simple solution to this. You have to play the whole game out.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • AFS70
    AFS70 Posts: 37 Forumite
    10 Posts
     
    This is the back of the first PCN
  • AFS70
    AFS70 Posts: 37 Forumite
    10 Posts

    Front and back of second letter
  • Castle
    Castle Posts: 4,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Can we see the front of the first PCN please.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.