Parking Eye Fine, POPLA refusal it wasn't me

Treeman3

Hi, I got a fine for my old sold car parked in a Holiday Inn. I appealed the fine telling POPLA I wasn't the owner and driver of the car but they refused my appeal. 

I eventually tracked down the new owner. They where helpful and contacted the hotel getting approved parking in the hotel as they where picking a relative up. We informed Parking Eye and POPLA with written evidence from the hotel of the permitted parking. However both POPLA and Parking Eye refused this and said it's too late.

I wasn't the owner or driver of the car that was permitted to be parked in the hotel but I'm going to be taken to court for non payment of fine. Can someone please advise what I can do? Thanks. 

Fruitcake

It is not a fine.

You should get something in writing from the hotel and the new keeper to state that you were neither keeper nor driver at the material time, and are not liable. You should also ask the hotel manager and the UK CEO of IHG to intervene and instruct their agent, PE, to cancel the charge. You will need to include the VRM and PCN number in your correspondence.

You should also complain to your MP about this unfair charge from an unregulated industry.

Did you inform the DVLA of the change of keeper in a timely manner? If so, you can ask them to provide proof you were not the registered keeper at the time of the alleged event.

Ownership of a vehicle is irrelevant.

Treeman3

Thanks

I have something in writing from the hotel and the new keeper.  The new owner has been in contact with Holiday Inn who said they can't do anything to cancel the charge as PE said my appeal was turned down by POPLA. 

I contacted POPLA again but they said it was a one time only appeal. I have informed them that unless they deal with the new info proving I was not the owner, driver of the car and the car has authorisation to park anyway, I will make a formal complaint against them with the ombudsman. 

I contacted the DVLA but it appears they lost the correspondence.  

Coupon-mad

Transfer liability to the driver - simple!

Treeman3

The driver has accepted responsibility and has authorisation to park at the time of the charge. However PE are still threatening to take me to court for non payment of the charge, go figure! 

Umkomaas

Treeman3 said:

The driver has accepted responsibility and has authorisation to park at the time of the charge. However PE are still threatening to take me to court for non payment of the charge, go figure! 

Sit it out. See if they do. While PE can be venal, they are not reckless. They know when not to risk a court loss. 

Fruitcake

Treeman3 said:

The driver has accepted responsibility and has authorisation to park at the time of the charge. However PE are still threatening to take me to court for non payment of the charge, go figure! 

You can still name the driver up until a court claim is received by you. I suggest you continue with your complaints, but keep the above in your back pocket in case you need it later.

Have you complained to the UK IHG CEO and your MP yet? You need to get the big guns involved with this.

Treeman3

Have complained to Holiday Inn, they have yet to come back. Will follow up with the other suggestions if I don't get any joy, Thanks. 

Coupon-mad

Treeman3 said:

The driver has accepted responsibility and has authorisation to park at the time of the charge. However PE are still threatening to take me to court for non payment of the charge, go figure! 

That's not the same as you emailing ParkingEye, and transferring liability to the driver.  Which is ALL you need to do:

enforcement@parkingeye.co.uk

PCN number in the email subject line and 'transfer of liability - POFA 2012'

Simply give the driver's name and postal address in writing.

Tell ParkingEye this is a transfer of liability under the POFA 2012. And that as they know you were neither keeper on the date of the event, nor the driver, you require their DPO to erase your data and ParkingEye must only deal with the driver.

Fruitcake

Treeman3 said:

Have complained to Holiday Inn, they have yet to come back. Will follow up with the other suggestions if I don't get any joy, Thanks. 

Do you mean the hotel manager, or the UK CEO of IHG? You need to go as high up the food chain as possible.

Treeman3

Coupon-mad said:

Treeman3 said:

The driver has accepted responsibility and has authorisation to park at the time of the charge. However PE are still threatening to take me to court for non payment of the charge, go figure! 

That's not the same as you emailing ParkingEye, and transferring liability to the driver.  Which is ALL you need to do:

enforcement@parkingeye.co.uk

PCN number in the email subject line and 'transfer of liability - POFA 2012'

Simply give the driver's name and postal address in writing.

Tell ParkingEye this is a transfer of liability under the POFA 2012. And that as they know you were neither keeper on the date of the event, nor the driver, you require their DPO to erase your data and ParkingEye must only deal with the driver.

Thanks, have done it.