Southampton Town Quay, Parking Eye

edited 31 July 2020 at 10:08AM in Parking Tickets, Fines & Parking
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pinheadplanetpinheadplanet Forumite
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edited 31 July 2020 at 10:08AM in Parking Tickets, Fines & Parking
I've read so much about this yesterday and this morning that that alone makes me want to cry! If someone could confirm what I think I believe to be true now that would be great, thanks.
So the keeper received a Parking Charge Notice from Parking Eye. The alledged offence date is 24/5/20 yet the date of issue of the PCN is 27/7/20, more than 2 months later, am I right in saying they have to issue it within 14 days? Does this validate it immediately?

Here's the truth of the matter:
1) the driver  sometimes uses this car park as somewhere to calm down (it's on the waterfront) as they have mental health issues (they are happy to have their Dr confirm that to them,  nothing to hide or be ashamed of) At the time when the driver went there they  hadn't noticed that this was now a Pay&Display car park so it must have changed recently, so the driver didn't think they'd actually agreed to the contract by not being aware.
2)the driver didn't actually park, just stayed in the vehicle. As I understand the legal definition of 'park' means to leave your vehicle. the driver  didn't get out and lock up or go anywhere. I guess it could better said that the driver  was 'waiting'

the driver  is at the point now where they are struggling so much now mentally that the driver almost pay it to make it go away, but that not right is it? That's not MSE way of doing things,the driver  have to stand up and fight for what's right.
Where does the driver stand?
Thanks
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Replies

  • nosferatu1001nosferatu1001 Forumite
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    Hi!
    You need to calm a little first!
    It taking two months is a huge help but only if Parking Eye dont know who drove - and currently you have told the entire world that bit of info! PM a board guide such as Soolin to ask them to edit your post and say "the driver parked...." at all points. YOU are the Keeper of the vehicle, and YOU are dealing with this at all points as the Keeper and no other entity.
    To doublecheck:
    - is thi sia hire or lease car?
    - does the Notice mention POFA (usually on the back)?
    If signs are prominent then not seeing them isnt necessarily a defence. 
  • D_P_DanceD_P_Dance Forumite
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    PE's signs leave a lot to be desired, many are thrown out of court because of this, read this,

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

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 


    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 later this year,

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



    You never know how far you can go until you go too far.
  • edited 30 July 2020 at 11:34AM
    MistyZMistyZ Forumite
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    edited 30 July 2020 at 11:34AM
    This is a job for the Registered Keeper, especially as P.E. were late sending the NTK.  Follow nosferatu's advice immediately.

    The fact that the driver didn't leave the car makes no difference.  But the circumstances - the driver's habitual use of the area to manage their mental health before it became Pay & Display / lack of awareness that this had changed  - is something to put in a landowner complaint which could see this off without the need for POPLA etc.  But the Registered Keeper must not miss the window for sending the blue text appeal from the Newbie's thread to P.E.

    I have a nagging suspicion that landowner complaints may not be straightforward for this car park.  You could try searching the forum for other Southampton Town Quay Parking Eye threads for some pointers.  

    Edit: looks like the area is subject to byelaws.  Encouraging thread here (though a little old, bear in mind that some things may have changed):

    https://forums.moneysavingexpert.com/discussion/5901573/parking-eye-southampton-town-quay-popla-letter-review-advice/p2  
  • UmkomaasUmkomaas Forumite
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    If you can confirm that the letter to which you refer is the first you received and headed 'Notice to Keeper', with no mention of them having written to you before, it is a PE 'Golden Ticket' and this is winnable at POPLA. Please do a forum search on 'ParkingEye Southampton Quay' and read other successful cases. 

    Given the delay in them writing to you, please confirm that your vehicle isn't a hire/lease/company car. 

    Please keep clear of the Quay in future whether parking, waiting, staying in your car, or any other type of stay. It's an infamous bear trap and you are courting real hassle. 
    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.
  • pinheadplanetpinheadplanet Forumite
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    The PCN is addressed to the Registered owner as per DVLA, not 'Notice to Keeper', can't see that term anywhere.

    I wouldn't know where to begin finding someone or PM'ing them, I'll try now

  • nosferatu1001nosferatu1001 Forumite
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    No it isnt addressed to the Registered Owner, becauae youve made that term up. there is no registry of owners. Just Keepers.
    Answer the questions I asked above. 
  • pinheadplanetpinheadplanet Forumite
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    Hi!
    You need to calm a little first!
    It taking two months is a huge help but only if Parking Eye dont know who drove - and currently you have told the entire world that bit of info! PM a board guide such as Soolin to ask them to edit your post and say "the driver parked...." at all points. YOU are the Keeper of the vehicle, and YOU are dealing with this at all points as the Keeper and no other entity.
    To doublecheck:
    - is thi sia hire or lease car?
    - does the Notice mention POFA (usually on the back)?
    If signs are prominent then not seeing them isnt necessarily a defence. 

    Sorry, that was meant to be answering that last post, my fault Nosferatu
    So, it's not a hire/lease car and there's no mention of PoFA anywhere.

  • nosferatu1001nosferatu1001 Forumite
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    OK
    Does it refer to a prior notice anywhere? Simple yes or no - you can see it, we cant. 
  • UmkomaasUmkomaas Forumite
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    Hi!
    You need to calm a little first!
    It taking two months is a huge help but only if Parking Eye dont know who drove - and currently you have told the entire world that bit of info! PM a board guide such as Soolin to ask them to edit your post and say "the driver parked...." at all points. YOU are the Keeper of the vehicle, and YOU are dealing with this at all points as the Keeper and no other entity.
    To doublecheck:
    - is thi sia hire or lease car?
    - does the Notice mention POFA (usually on the back)?
    If signs are prominent then not seeing them isnt necessarily a defence. 

    Sorry, that was meant to be answering that last post, my fault Nosferatu
    So, it's not a hire/lease car and there's no mention of PoFA anywhere.

    Golden Ticket, initial appeal to ParkingEye using the blue text template from the NEWBIES FAQ sticky, first post, with a final paragraph:

    'As this Parking Charge Notice was issued outside of the Protection of Freedoms Act 2012 timescale - Schedule 4, para 9(4 and 5) - the keeper of the vehicle cannot be held liable. As I have no obligation to identify the driver, I will not be doing so. Please confirm in writing that you have cancelled this PCN. Should you continue to pursue me, immediate complaints will be made to the BPA, the DVLA and the ICO (continuing to process my personal data, despite having no further grounds to do so under the DPA/GDPR) and I reserve the right to issue proceedings for a breach of those regulations. 
    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.
  • pinheadplanetpinheadplanet Forumite
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    No it doesn't
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