Charge Notice Advice

kacperhnat

Hi,

I have recently recieved a charge notice from Parkingeye for overstaying 19 min and I would like to see if i have any chance of appealing it in your opinion.

So here are the details:

I have arrived at a car park at 08:53 and noticed that the only way to pay is by an app (Paybyphone). I did not have the app on my phone so it took me 10 min to download, set up an account and add all the details in order to pay. I paid for 2 hours of stay at 09:03 and left the car park at 11:13 (after 2 hours and 10 min since payment). I have read about the grace period being 10 min, so here is the question.
Should the 10 min it took me to set up an account and pay for the 2 hours of parking count.

The charge notice says i have overstayed 19 min, however it took me 10 min to pay due to not having the app on my phone.
There was no other way to pay.
I have a full recipt from Paybyphone that states i paid at 09:03 and expires at 11:03 (left the car park at 11:13). 

I just think its kind of ridiculous that i have to pay £100 for 19 minutes (technically 9 minutes) of overstay.

Thank you for any advice

Zbubuman

Can you upload a photo with a redacted copy of the notice you received. Sometimes these are not compliant, also read the Newbie thread on the forum. You will find most of the answers you need in there, as well as a template appeal . 

Important part, do not identify who was driving the vehicle when you go to appeal/contest the ticket. So No " I parked, or I paid.  Just state the vehicle was parked at this location, and payment was done via the online app, etc. 

kacperhnat

Hi,

Here is the copy of the letter I recieved.

Do you think there is a chance i can appeal this successfully?

[Image removed by Forum Team]

Fruitcake

Was the NTK letter only single sided ... ?

kacperhnat

Sorry forgot to post the second page.

Fruitcake

The NTK is not PoFA compliant and therefore incapable of holding the keeper liable.

The keeper should therefore appeal using the template in blue text from the sticky Announcement for  NEWBIES, unaltered from the keeper, save for a one liner that, "The NTK is not PoFA compliant as it does not include the mandatory PoFA wording, and does not state the period of parking, therefore the keeper cannot be held liable so PE should cancel now and save themselves money and the embarrassment of losing at PoPLA."

Do not under any circumstances reveal the driver's identity either in complaints or the keeper's appeal.

Zbubuman

Fruitcake said:

The NTK is not PoFA compliant and therefore incapable of holding the keeper liable.

The keeper should therefore appeal using the template in blue text from the sticky Announcement for  NEWBIES, unaltered from the keeper, save for a one liner that, "The NTK is not PoFA compliant as it does not include the mandatory PoFA wording, and does not state the period of parking, therefore the keeper cannot be held liable so PE should cancel now and save themselves money and the embarrassment of losing at PoPLA."

Do not under any circumstances reveal the driver's identity either in complaints or the keeper's appeal.

Not sure if I missed it or it was redacted, but the Ntk does not appear to specify a location either?

KeithP

Zbubuman said:

Not sure if I missed it or it was redacted, but the Ntk does not appear to specify a location either?

I think that would appear on the first page just to the left of the pictures and again in the first line on the second page but the OP has hidden it in both cases.

Coupon-mad

Providing that back page is NOT taken from the Reminder (second letter) and is definitely the back of the PCN, you have what we call a golden ticket!

Easy win.

See the NEWBIES Thread.  Two clicks back (see my signature...).

kacperhnat

Hi,
So I've done as you guys said and appealed my fine using the template in the NEWBIES thread and finally gotten back a response.
They have rejected my response and essentially said that the next step is to go through POPLA if I want to continue appealing the fine.

I will provide screenshots of the file they have sent to me for all of you to see.

Should I continue appealing this or just pay the fine?

Coupon-mad

But there isn't a fine.