Parking Eye PCN Welcome Break

Redx

a popla appeal is usually uploaded on the popla website using OTHER , as detailed in the newbies thread , post #3 (I would not be posting it)

Coupon-mad

Hang on, POPLA only accept appeals from people in Scotland if people admit to driving. 

So POPLA is a no go...unless...unless...hmmm how about if you give an English address instead then appeal as normal using any Hirer POPLA appeal?  If it were me I'd rather see it cancelled than ignore it using a Scottish address.  So, do you have an English address that you can use where you can conveniently be contacted?

KeithP

Ah yes, Scotland. Who first suggested PoPLA?  

Redx

or POFA

I have seen it mentioned on here that if the incident was in england or wales then the person from scotland could appeal it , so this seems to be a cross border issue

the PE letter mentioned POFA etc (as did the OP) , plus now it seems they issued a popla code to the hirer, so for some reason they dont seem to have noticed a scottish address

the plot thickens

to the OP

POFA does not apply in Scotland, so no keeper liability

POPLA only applies for drivers in Scotland

The OP mentioned POPLA in the first post on page 1 (no popla code), but also talked about the RK twice too , very confusing because they are hirer , not RK

Coupon-mad

Yes and I think the only way for that hirer to appeal without saying who was driving, is to give an English address. 
Ridiculous state of affairs that the BPA has allowed to happen.

D_P_Dance

This may amuse you, https://www.dailymail.co.uk/news/article-4835050/Parking-firm-took-lawyer-85-fine-lost.html#:~:text=A cowboy parking firm met,over an £85 fine.&text=Advertisement-,ParkingEye sued Nicholas Bowen QC after he refused to pay,Membury Services on the M4.

MistyZ

So are you going to appeal to POPLA (on their website if so!) using an English address?

If so, I suggest you post your draft here first for checking.

Le_Kirk

D_P_Dance said:

This may amuse you, https://www.dailymail.co.uk/news/article-4835050/Parking-firm-took-lawyer-85-fine-lost.html#:~:text=A cowboy parking firm met,over an £85 fine.&text=Advertisement-,ParkingEye sued Nicholas Bowen QC after he refused to pay,Membury Services on the M4.

Are they now judges as well: -

But ParkingEye, owned by Capita, which has issued more than 60,000 county court judgments (CCJs) against motorists in the past three years.............

I am wondering how the judge awarded that amount, why not the capped £90/£95 that most defendants receive!

VintageMagpie

Redx and MistZ: Sorry, I meant to say I would make a post on the forum (under POPLA Decisions thread), with my original letter and the POPLA appeal decision, to help other people in similar situations. I will be making the POPLA appeal online and will put my draft here shortly before sending it. Thank you again! I have an English address I can use. 

VintageMagpie

Dear POPLA,

On DATE 2020 ParkingEye Ltd. issued a parking charge to myself (as hirer/lessee 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 permitted free stay”.

As the hirer/lessee I wish to refute these charges and have this PCN cancelled, based on non-compliance with the Protection of Freedoms Act 2012 (POFA) Schedule 4, on the following grounds:

 

1) Paragraph 5 (1)The first condition is that the creditor- (a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but (b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

 

ParkingEye has not shown that the individual they are pursuing is in fact the driver who may have been potentially liable for the charge.

  

2) Paragraph 7 (4)The notice must be given- (a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and (b)while the vehicle is stationary, by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

 

There was no windscreen ticket on the vehicle. ParkingEye sent the notice to hirer via post.

3) Paragraph 9 (4)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.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 

ParkingEye’s own documentation (attached) shows that the event to which they refer occurred on DATE, but they did not issue the PCN until DATE.

 

4) Paragraph 14 (2)The conditions are that- (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragragh 13(2) and the notice to keeper;

 

I received only the parking charge notice, ParkingEye failed to send a copy of the required documentation: (a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b) a copy of the hire agreement; and (c) a copy of a statement of liability signed by the hirer under that hire agreement.

I have contested this with ParkingEye with regards to their PCN reference REFERENCE, but they have written to me (dated DATE) to say I have been unsuccessful and provided POPLA reference REFERENCE.

I respectfully request that this parking charge notice appeal be allowed and await your decision.

Yours sincerely

NAME