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Cambridge Beehive Center PCN

Parking Eye has posted a PCN for a 3.50h stay in their Cambridge park  (so no ground to appeal on grace period). The car stayed parked half time on the main park, then was moved to the loading area behind the center as we bought heavy items in one of the shops and age doesn't help. 

This happened 25 days ago so I'm almost on the limit time to apply to POPLA. Apologies if raised already, I've read the newbies thread and many posts, but English being my 2nd language is tricky to get all the paths and options.

  • Q1:  Shall I apply to POPLA on the ground of the car NOT being parked on the main parking area, or is this a bad choice? I can show receipts of shopping to POPLA but not sure they care about those.....

  • Q2: If the PCN has been posted to an old address, but you reject it and get a 2nd PCN past 28 days, is this an easy case to win on court or against Parking Eye? Or does it matter at all and they carry on with right or wrong address (we've returned to sender with the right address)

Thanks all in this fight against PE and other companies alike.

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,593
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    ParkingEye's signs are pants,read this and complain to your MP. https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1.
    You never know how far you can go until you go too far.
  • Great @D_P_Dance , reading it now.

    Still confused what my next step should be. Should I appeal to POPLA -based on P.E. signage-, or appeal to Parking Eye -again based on their own signage, which of course they might deny?  Or based on the car being parked out of their 'standard' parking?

    Again thanks!
  • Redx
    Redx Posts: 38,084
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    edited 27 September 2021 at 9:48AM
    Plan A is the best option , the complaint to the retailer or landowner , getting it cancelled by them , they employed Parking Eye !

    Did parking Eye comply with POFA ? Yes or no ?  It's one or the other

    Has the driver been revealed ? Yes or no

    I assume you have appealed it to parking eye ? Been rejected ? And received a Popla code ?

    If not , you appeal to parking eye First


    If yes , appeal to Popla choosing OTHER , on the following grounds

    POFA 2012 ( if they failed to comply and the driver was never revealed
    No Landowner authority
    Poor and inadequate signage
    The BPA CoP Version 8 ( any failures)
    The CRA 2015

    Etc

    But plan A is your best option , especially with proof of receipts , could be cancelled today with one complaint

    The vehicle remained on site from entrance to exit for the whole period , so moving it isn't relevant to Popla , but may be to the retailer or landowner
  • Thanks, much clearer from your answer -though still it's a bit of a labyrinth.

    1) Did parking Eye comply with POFA ? Yes or no ?  It's one or the other    -> "You are notified under paragraph 9(2)(b) of schedule 4 of the POFA"     , so I take:    YES, I'm notified under POFA.

    2) I haven't appealed, neither to Parking Eye (wasn't sure what to put there), nor to POPLA. I thought POPLA came first because I found this blog (beehive85parkingeye) suggesting to do so.

    3) 
    I haven't revealed the driver as I haven't appealed yet.  I was the driver and the PCN came on my name (though to an old address). I've read some threads about the NTKeeper, but I don't get the whole legal implications.


    So I take given the little time I have, I need to:

    1/ Complain to the retailers (have 2 or 3 shoppings done)

    2/ Appeal to Parking Eye by post (they force you, they say just 29 days I think), saying I recognize nothing, asking for evidence, etc, as per the standard template? As I really don't know what arguments is best.

    3/ If rejected, appeal to POPLA with all the legal stuff you put there. I take Parking Eye 

    Many thanks,
  • Redx
    Redx Posts: 38,084
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    edited 27 September 2021 at 2:26PM
    1) if they complied with POFA , then the keeper is liable

    2) wrong , you have to appeal to Parking Eye first , online , using the standard blue text template from the newbies FAQ sticky thread , as keeper , if your name is on the V5C log book

    If Parking Eye reject the appeal they will issue a Popla code , you cannot appeal to Popla without a code from the parking company

    So complain to the retailer or landowner and also appeal to Parking Eye , ASAP

    3) yes , complaint first , then appeal to Parking eye , both as soon as possible , today

    Then the POPLA appeal is third , if you obtain a POPLA code from Parking Eye !!

    No code equals no Popla appeal , it's impossible to appeal to Popla without that code from any PPC


  • Coupon-mad
    Coupon-mad Posts: 166,039
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    ParkingEye don't force you to appeal by post!

    Don't use the template appeal.Tell them that you were GIVEN PERMISSION to move the car to the loading area after parking, tell them about any age, infirmity or the bulkiness of what you'd bought, and attach proof of spending, if your purchases add up to over £30.
    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
  • Redx
    Redx Posts: 38,084
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Forumite
    ParkingEye don't force you to appeal by post!

    Don't use the template appeal.Tell them that you were GIVEN PERMISSION to move the car to the loading area after parking, tell them about any age, infirmity or the bulkiness of what you'd bought, and attach proof of spending, if your purchases add up to over £30.
    Excellent advice as usual 😁😁👍👍👍

    Do the above , plus plan A , ASAP
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