ASDA Parking Eye southgate

hoopss

Hi All , 

Ok so I probably should have posted before i had appealed etc but was given a Popla number and appealed and they have now come back and given me 7 days to respond to parking eye 

Let me cut to the chase :

The ticket was issued as " Parked in emergency area " however the vehicle was parked in a Cross Hatched area and not an emergency area.

The signs make no mention of it being Illegal to park in an emergency area , in fact make no mention of an emergency area at all 

The person was appealing as the ticket was issued for the incorrect reason , if it was issued for parking in a cross hatch area then it would have been issued correctly 

Parking eye have sent back all of their correspondence and once again mention about the Emergency area 

DE_612183

why does the first photo look like a different place to the ones with the Tiguan on?

Coupon-mad

I am sorry but you will lose this appeal. This was not how to deal with it and their evidence is enough to persuade POPLA. You don't park on hatched lines.

What did the landowner (ASDA) say when you complained and asked them to quash the ticket?

You could jave killed this stone dead because it was a windscreen PCN wasn't it? They are as easy to kill on appeal as any (PE windscreen PCNs are astonishingly rare) but you had to time the appeal well and not say who was driving. Too late now.

The only good thing is we don't think PE sue over Asda PCNs.  Ever. They just send debt letters.

hoopss

time to ignore them then

How many years do they have untill its out of date ...7 ? 

Coupon-mad

Six years.

Don't ignore a court claim and don't move house without insisting they erase the old address and update your data.

Shame really, because this one was a slam dunk easy one for a registered keeper to win at POPLA, if only you'd come here first and not talked about being the driver in an appeal that won't win.

Don't disappear from the forum please.  We need people like you to make a difference for all motorists.

Come back regularly this Summer to check when the final Govt Public Consultation opens, discussed here:

https://forums.moneysavingexpert.com/discussion/6345732/secure-parking-solutions-ntk/p6

Get your revenge. Horrible and disproportionate to get threatened by £100 parking charge, isn't it?  Make sure your voice is heard about it this Summer.  

hoopss

Ahhhh Wait ,

I only said I was the registered keeper

I have 2 days left to add my reply to POPLA 

Is there anything I can do 

Coupon-mad

Are you certain that in your first appeal and to POPLA that you didn't tick 'driver' nor imply it?

In your comments to POPLA you need to point out:

The operator has failed to show that any Notice to Keeper was issued. As POPLA is an evidence based service they will be unable to conclude that the registered keeper appellant is liable. Without a NTK, the keeper is not liable and the PCN was not properly given, and no other facts need to be looked at due to the missing NTK (which was never served, despite the driver not being identified).

hoopss

Im pretty certain I didnt , but I also have nothing else to lose so might as well try it.

Do I literally just copy and paste this but change it to YOU 

 "The operator has failed to show that any Notice to Keeper was issued. As POPLA is an evidence based service YOU are unable to conclude that the registered keeper appellant is liable. Without a NTK, the keeper is not liable and the PCN was not properly given, and no other facts need to be looked at due to the missing NTK (which was never served, despite the driver not being identified). "

Coupon-mad

Yep, that'll do and you must put it into the POPLA Portal now because you count on SIX days from POPLA's email, not seven.

hoopss

As you can see by the documents they have supplied you I originally appealed as the REGISTERED KEEPER.

For some reson they have also added on their paperwork that I was the Driver.

I have not disclosed who the Driver was .

It is because of this that :

The operator has failed to show that any Notice to Keeper was issued. 

As you are an evidence based service you will be unable to conclude that the registered keeper appellant is liable. 

Without a NTK, the keeper is not liable and the PCN was not properly given, and no other facts need to be looked at due to the missing NTK (which was never served, despite the driver not being identified).

hoopss

Is that better ?