Parking Eye ticket advice - Camera didn't pick up entry/exit properly - letter 41 days late

southernorth

Hi,

I got a letter today from parking eye, referencing an event from July 2024. There is 40+ days from the 'event' and receiving the letter. 

Their pictures show the car 'entering' a car park in July, with a 2nd 'leaving' photo from the subsequent day in July. They are then claiming parked for 20+ hours, i.e. overnight. 

But they've missed the 2 photos of leaving and entering on the separate days. Only showing 2 of 4 photos, basically. 

Please can anyone advise next steps? Should I contact some of the retailers in this park - e.g. John Lewis, M&S etc. first


Thanks. 

Gr1pr

Study the newbies sticky thread at the top of the parking forum in announcements, especially check your NTK PCN letter against the examples listed 

Does that NTK PCN letter comply with POFA or not. ?  Check the dates and also check the back for the POFA paragraph, or is it missing 

The problem is well known as "double dipping" , where the first exit and second entry pictures are missed out, meaning that they should check for orphan images 

Gather the research first, do nothing yet, no blabbing about who was driving 

There could be at least 2 winning appeal points here, no keeper liability and the double dipping aspect, nevermind anything else 

southernorth

Thanks for the response. 

I read that thread before posting, but I found the overall advice a bit confusing. 

Half_way

there seems to be a few of these so called double dip cases lately

anyway, first of all whos car park is this  and where?

southernorth

Half_way said:

there seems to be a few of these so called double dip cases lately

anyway, first of all whos car park is this  and where?

Portfield way retail park, Chichester. 

https://www.google.com/maps/place/Portfield+Retail+Park/@50.8416812,-0.7564564,366m/data=!3m1!1e3!4m6!3m5!1s0x487452a0d6b43019:0xda8dbac23e45807a!8m2!3d50.8416616!4d-0.7560731!16s/g/12cnyngn7

Gr1pr

So not compliant with POFA because there is a POFA paragraph missing, as seen in the examples in that newbie thread 

You should have told us that you had read it, because not mentioning it makes us believe that you have posted yet done no research 

So you definitely have 2 appeal points as keeper, it's a double dipping case so the alleged contravention never happened, plus they failed to comply with POFA so they cannot transfer liability to the keeper 

southernorth

Gr1pr said:

So not compliant with POFA because there is a POFA paragraph missing, as seen in the examples in that newbie thread 

You should have told us that you had read it, because not mentioning it makes us believe that you have posted yet done no research 

So you definitely have 2 appeal points as keeper, it's a double dipping case so the alleged contravention never happened, plus they failed to comply with POFA so they cannot transfer liability to the keeper 

Thanks. So would you suggest I try first speaking to the store manager of shop I went to, or just appeal based on that POFA reason?


Found this template, would it work for an appeal?

Dear XXXX PCN: XXXXXXX VRM: XXXXXXX

I am the registered keeper of the vehicle.

Your Notice to Keeper does not comply with the mandatory requirements of Sch 4 of the Protection of Freedoms Act (PoFA) 2012.

Amongst a number of failures you did not issue the notice within the 14 days required to invoke keeper liability. As such you cannot pursue me, the keeper. I am not obliged to name the driver and decline to do so.

Please do not contact me again except to confirm the PCN is cancelled. Or please supply access to an independent ADR so they can cancel it at your expense.

Yours XXXXXXXX REGISTERED KEEPER

Gr1pr

Thats one point of two, so POFA covered, but not the reasons behind the issuing of the PCN, the double dipping aspect 

I would be adding , after the "decline to do so"

The driver made two short visits, so the alleged contravention did not occur but your faulty equipment needs checking, looking for orphan images, namely the first exit picture and the second entrance picture, as detailed in the BPA CoP where extra checks should be implemented before accessing my data, the breach is yours, not the drivers or keepers, so cancel the PCN 

Or something similar  ( the keeper appeals as keeper, the driver remains anonymous. )

Coupon-mad

southernorth said:

Gr1pr said:

So not compliant with POFA because there is a POFA paragraph missing, as seen in the examples in that newbie thread 

Thanks. So would you suggest I try first speaking to the store manager of shop I went to, or just appeal based on that POFA reason?


Found this template, would it work for an appeal?

Dear XXXX PCN: XXXXXXX VRM: XXXXXXX

I am the registered keeper of the vehicle.

Your Notice to Keeper does not comply with the mandatory requirements of Sch 4 of the Protection of Freedoms Act (PoFA) 2012.

Amongst a number of failures you did not issue the notice within the 14 days required to invoke keeper liability. As such you cannot pursue me, the keeper. I am not obliged to name the driver and decline to do so.

Please do not contact me again except to confirm the PCN is cancelled. Or please supply access to an independent ADR so they can cancel it at your expense.

Yours XXXXXXXX REGISTERED KEEPER

Yes but add a 'double dip' point (search the forum, discussed to death for years!) WITHOUT IMPLYING you were driving.

So NOT "I arrived" or "I left" or "the images show me/my first arrival...".  Be careful.

southernorth

Does the missing PoFA paragraph basically say they're meant to have only the 14 days, and so if they did include that key info, a lot more people would win the appeals? As presumably lots of these letters don't conform to that.

A bit dishonest if that's the case.  

KeithP

They are allowed up to six months to get keeper details from the DVLA.

Their trade association allows them another month to get a Notice to Keeper to the keeper.

The Protection of Freedoms Act insists on a Notice to Keeper being delivered to the keeper within fourteen days of the parking event if the parking company wants to transfer any driver's liability to the vehicle's keeper.