Southampton Town Quay, PCN

Umkomaas

Have you read any other STQ threads yet?  This should be easily disposed of, but you seem to be bogging yourself down with largely irrelevant detail. 

Lindos4

Umkomaas said:

Have you read any other STQ threads yet?  This should be easily disposed of, but you seem to be bogging yourself down with largely irrelevant detail. 

HI, Yes, I have read a few, but my problem is that I had tried to pay, but couldn't find a machine that didn't only use Mobiles, I've contacted Town Quay, but they just told me there are 'several machines' that take cards or cash, but I couldn't find one.

Lindos4

D_P_Dance said:

Read this

en.wikipedia.org/wiki/Frustration_in_English_law

 

Yep, indeed.

BTW are you familiar with this Car Park?

Coupon-mad

Lindos4 said:

Umkomaas said:

Have you read any other STQ threads yet?  This should be easily disposed of, but you seem to be bogging yourself down with largely irrelevant detail. 

HI, Yes, I have read a few, but my problem is that I had tried to pay, but couldn't find a machine that didn't only use Mobiles, I've contacted Town Quay, but they just told me there are 'several machines' that take cards or cash, but I couldn't find one.

Absolutely NONE of that is a problem and it’s certainly not what you say in a non POFA golden ticket case like yours!  You are focussing on the 14 days and you are right but the entire PCN is non-POFA in wording (regardless of date posted) AND the location is outside of POFA as well.

This is why we told you to read any other Southampton Town Quay threads because THE REGISTERED KEEPER CAN’T BE HELD LIABLE...

...unless the appeal goes in to ParkingEye talking about what you did and that you parked/were the driver, and the story of what happened, which you don’t seem to have realised yet would throw in the bin your 100% slam dunk win.

This is the easiest one to appeal!  You could have copied any other Town Quay ‘POFA non compliance’ keeper appeal and you’d have done it by now.

Also read the ‘golden ticket’ paragraph in the 3rd post of the NEWBIES thread and stop talking about what happened and who the driver was and irrelevant stuff like whether the payment methods were working.  That DOES NOT get a mention in your winning appeal.

And promise us one thing.  When the penny has dropped and you appeal as registered keeper, don’t ask us what to do when ParkingEye reply and beg to be told who was driving!

Lindos4

Ok, how does this sound?

I dispute your Parking Charge Notice, as the keeper of the vehicle. I deny any liability or contractual agreement and I have made complaint about your predatory conduct to your client landowner and to my MP.

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 ALL photos taken and an explanation of the allegation and your evidence

Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Please confirm in writing whether you accept my appeal and withdraw your demand.  If you reject my appeal, please provide the following particulars:

1) The basis of your charge (i.e. contract breach, trespass or contractual fee).

•  If you are alleging breach of contract, I require a breakdown of the liquidated damages you claim were suffered, and by whom, and how each particular loss arose.
• If you are alleging trespass please enclose evidence of the alleged perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
• If you alleging a “contractual fee” I request a VAT invoice from you and ask you to explain the daily rate for parking and service provided for that fee.

2) Please also advise the amount of money you would have received from the driver of my vehicle should the alleged contract have been met to your satisfaction.

Regards
ME

So sorry to be a pain, but I'm confused as to how to word my Appeal on the Parkingeye form

Coupon-mad

No, bin that and use the one in the NEWBIES thread.  Add to it something about the fact you know their NTK is non POFA and arrived too late and that this is a Harbour Byelaws site so the POFA 2012 does not apply.

it is obvious what to tick and what not to tick on their appeals page when appealing as keeper.

...and no asking us what to do with ParkingEye’s begging letter reply!

Lindos4

Ok, I did find this one on the NEWBIES thread, somewhere, Ok, I'll re-word it, but there isn't much room on their Appeal form, the ticky boxes are ok, but not sure how brief to be in the details box.
Thanks for helping me out, I must seem to be a right numpty.

Coupon-mad

I thought ParkingEye‘a appeal box was larger than most.  Easily fits the template appeal so adding in a bit about the POFA shouldn’t be an issue, as long as you don’t tick ‘driver’.

You are certainly not a numpty but I have had to drag you kicking and screaming away from the temptation to appeal with the story of what happened, which would lose you the appeal!

Lindos4

Ah, I was never going to put anything about what happened in my appeal. I just didn't know how to word it, without any incrimination.
I'm off on holiday son, so will take a good look at it when I get back.
I'll get there, Ta 

dcq147

Hi @Lindos4 , just posting as I thought you might like some backup as I (as keeper) also received a PCN from ParkingEye for Town Quay Southampton issued the same day, 14/09.  Seems like they process their ANPR data in batches over a few weeks - the alleged 'event' date for this PCN is 11/08 !

I've sent in my initial appeal through the PE 'portal', which is a verbatim copy of the template appeal in the newbies thread plus the following paragraph:

"As your Notice To Keeper received does not mention the Protection of Freedoms Act 2012 (POFA) you have no lawful right to claim unpaid 'parking charges' from the vehicle's keeper.  Furthermore the site in question is subject to Associated British Ports Southampton Byelaws 2003 (ABP Byelaws) and is therefore not 'relevant land' for the purposes of POFA."

Although I think the precise content of the text is not particularly relevant (as long as you stick to the rules about not naming driver etc), it will be rejected and you are just looking to obtain a POPLA code.

I'm waiting to hear back so I can launch the POPLA appeal process, but fully expecting to win this with the non-POFA compliance / byelaws points and the excellent support of this forum, as should you.

Enjoy your holiday.  Good luck with the appeal, but don't leave it too late!