My Wife received a Parking Charge from Parking EYE - Any help much appreciated

paye

Hi,
I finally got round to sorting out my wife ticket she recently received from parking eye. 
The story behind the charge was that she visited Lee valley Hockey and tennis centre  over at the Olympic park  on a Sunday 
but did not pay the fare because she automatically thought it was free parking because it was a  Sunday and she saw other motorist just get out of their  cars and go 
for a stroll. She was parked there for nearly 4 hours but had she had known she would of paid the £2.50 charge. I know it's partly her fault for not reading the signage 
but she saying to me that the signs were not very clear that she had to pay  on a Sunday. 
Have I got any chance of appealing, I got until (tomorrow 18th September 20) to pay at the reduced rate or the charge goes up to £100. 
I've been doing some background reading in the newbie sticky thread and was reading up on Schedule 4 of POFA 2012  paragraph 9 (ANPR postal ticket , https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted) and their is quite a lot of info within this paragraph which isn't necessarily reflected in the ticket. 
Can someone please have a look at the ticket for me and check for compliance, in particular the following: 
Paragraph 9 clause (s) 'd' , 
Is it ok for me to send the following template letter ? 

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.
======================

Thanks for your help . 


  
 

Coupon-mad

That's a Golden ticket so what's the difficulty?   All is explained in post #3 of the NEWBIES thread and you win at POPLA.

Redx

the VRM is visible on the back page, so the redacting isnt good enough

it looks like the POFA warning is missing , in which case it seems the RK has a golden ticket under POFA, no keeper liability

the RK appeals this online , you dont send them anything at all, the RK appeals it on their website with that blue text template , providing that it is not a hire or lease or company vehicle

the charge does not GO UP , its £100 , as per the pcn and the signage, it is discounted for 14 days , a discount is money off the standard price , so if you were to buy a £300 TV for a 50% discount at £150 in that 14 days period , its still a £300 TV

so its £100 discounted by 40% for 14 days for early payment , so it doesnt go up , its actually reduced for a short period if an early payment is paid, but its still a £100 pcn at all times

Onthewall

All you need to say is “I don’t know who was driving” to PE and then to POPLA. That PCN can only hold the driver liable, and you don’t know who that is..

Umkomaas

I finally got round to sorting out my wife ticket she recently received from parking eye. 

Are you, or is it your wife who is the Registered Keeper of the car?  If it is your wife, she must deal with it (i.e. - all in her name, even if you do the actual work on it). Don't potentially screw this up by appealing 'on behalf of' in your name if you're not the RK. 

In order to 'benefit' from a Golden Ticket, everything must be done in the RK's name. 

D_P_Dance

 That PCN can only hold the driver liable, and you don’t know who that is..

No, that all changed in 2012.  The RK can be taken to court,  However, PE signs leave a lot to be desired and many claims are thrown out of court because of this, read this.

https://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.

Umkomaas

D_P_Dance said:

 That PCN can only hold the driver liable, and you don’t know who that is..
No, that all changed in 2012.  The RK can be taken to court,  .

Not in this case DPD - it's a Golden Ticket. You really should read the thread fully. 'That PCN' differentiates it. 

D_P_Dance

Yes, I missed that.  

paye

Hi All, 
Many thanks for the replies, much appreciated  The car is registered in my wife name but will ensure I appeal under her name as the RK. Pleased to hear it's a golden ticket. 

Coupon-mad

Don't write ONLY what Onthewall told you to write, (you need to read their other posts to understand why not...).

Just adapt the usual template and change the middle bit to say the keeper was not driving and will not name the driver and can see this is a non-POFA Notice to Keeper and suggests P/Eye should cancel it because they can't win at POPLA.

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

paye

Coupon-mad said:

Don't write ONLY what Onthewall told you to write, (you ned to read their other posts to understand why not...).

Just adapt the usual template and change the middle bit to say the keeper was not driving and will not name the driver and can see this is a non-POFA Notice to Keeper and suggests P/Eye should cancel it because they can't win at POPLA.

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

Hi Coupon, 
Noted and actioned.
Good to see something is being done about these outrageous charges.