ParkingEye - Parking Charge Notice - Ilford Retail Park

Felics

Hi all, 

I received the following PCN. I had unfortunately (in a rush) forgotten to pay. The parking I believe is free for the first 2 hours and then paid after. As you can see I stayed longer than 2 hours.

[img]https://i.imgur.com/ysUqA65.jpeg[/img]
[img]https://i.imgur.com/ozQUDXQ.jpeg[/img]

Received a reminder:

[img]https://i.imgur.com/hJzeYcq.jpeg[/img]
[img]https://i.imgur.com/Nj6qwbj.jpeg[/img]

I responded with the template on the FAQs not identifying the driver or admitting fault. I received the following response.

[img]https://i.imgur.com/XjxaAQY.jpeg[/img]
[img]https://i.imgur.com/zjRm6or.jpeg[/img]

Do I just wait the 28 days take it to appeal? I cannot seem to find an answer on the FAQs on the next steps to take?

Any help would be appreciated.

Umkomaas

We need to see the first NtK you received. What you have shown us is the reminder. 

LDast

Good job you haven't identified the driver because the NtK is not compliant with ALL the requirements of PoFA. Two notable failures are:

9(2)(a): "The notice must— specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates."

In this case, the identification of "Ilford Retail Park, Essex" on the NtK does not comply with PoFA. Since Ilford is no longer part of Essex and is now officially within the London Borough of Redbridge, the description of the location on the PCN is factually incorrect.

For PoFA compliance, the relevant land must be correctly identified, and an incorrect location description means that the NtK is not PoFA compliant and the Keeper cannot be liable.

9(2)(e)(i): The notice must— state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i) to pay the unpaid parking charges; or (ii) if he was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver.

There is no "invitation", nor any synonym of the word, for the Keeper to pay the charge. If this invitation is missing or improperly worded, the NtK does not comply with PoFA, and keeper liability cannot be enforced.

KeithP

They are waiting for you to identify the driver.
React in the same way as I suggested on your other thread.

Felics

Umkomaas said:

We need to see the first NtK you received. What you have shown us is the reminder. 

This was in the original post I beleive.

Felics

LDast said:

Good job you haven't identified the driver because the NtK is not compliant with ALL the requirements of PoFA. Two notable failures are:

9(2)(a): "The notice must— specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates."

In this case, the identification of "Ilford Retail Park, Essex" on the NtK does not comply with PoFA. Since Ilford is no longer part of Essex and is now officially within the London Borough of Redbridge, the description of the location on the PCN is factually incorrect.

For PoFA compliance, the relevant land must be correctly identified, and an incorrect location description means that the NtK is not PoFA compliant and the Keeper cannot be liable.

9(2)(e)(i): The notice must— state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i) to pay the unpaid parking charges; or (ii) if he was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver.

There is no "invitation", nor any synonym of the word, for the Keeper to pay the charge. If this invitation is missing or improperly worded, the NtK does not comply with PoFA, and keeper liability cannot be enforced.

Noted, for now I will do as @KeithP suggests and just wait until another notice

Coupon-mad

But we still haven't seen the first NTK, have we?

@LDast may have only looked at the reminder, it seems.  That document is nothing.

LDast

The location as identified on the reminder will be the same as on the original NtK for PE PCNs. Ilford Retail Park, Essex, id still factually uncorrect for the purposes of PoFA.

Coupon-mad

But that's tenuous and won't win at POPLA.

Felics

Coupon-mad said:

But we still haven't seen the first NTK, have we?

@LDast may have only looked at the reminder, it seems.  That document is nothing.

When you say first NTK this was all that I received?

[img]https://i.imgur.com/hJzeYcq.jpeg[/img]
[img]https://i.imgur.com/Nj6qwbj.jpeg[/img]

Coupon-mad

That's just the second letter. Irrelevant.