ParkingEye Crossbush McDonalds

Wazzack16

Long-time lurker, first time poster. I have read through the Newbies thread and think I have everything needed, just after some advice on what to do next. The Newbies thread has been great for helping, but I did find that my neurodivergent mind kept going off on tangents!
I was driving the wife's car home from holiday on 30th August and pulled into Crossbush Services, to stop of something to eat at McDonalds. We were parked for around 30 minutes before leaving the store. However, due to a number of accidents and roadworks in the area, it took a very long time to leave the area. For much of the time, we were at a standstill as all traffic in the services area was trying to leave, not many vehicles on the A27 were allowing other vehicles to join, causing the delays. I expected a ticket to arrive, and it duly did.
The first PCN from Parking Eye arrived (addressed to my wife) around the 16th September (dated 11th September). This was followed very shortly by a second letter dated 17th September (which arrived 19th September). Both letters are identical, except for an additional sentance on the reverse of the second letter ("Further to the recent PCN...").

I used this forum to work out what to do next, and, using the one-size-fits-all template, sent an appeal on behalf of my wife through their website portal on 27th September. I included some additional information to it (along the lines of – the driver was unable to leave due to high levels of traffic due to roadworks/excessive traffic). I don’t think I added any pronouns that were able to identify the driver. I received an automated email from them saying they have received the appeal and will provide a written response within 28 days.

On 9th October I received their response, which does not appear to have been written as a response to the appeal. Their stance is ‘the driver I identified has denied liability, so ParkingEye are transferring the PCN back to me as registered keeper’. Yet, in my appeal I did not name anyone, and I appealed as keeper not driver. I attach copies of both PCNs, and the 'appeal' decision.

Gr1pr

I would suggest that your wife, as the Registered Keeper, puts in a written complaint using the complaints link on the BPA AOS members list, stating that her appeal was as the keeper and never identified the driver, so the claim that the driver denied liability is untrue, mainly because Parking Eye have never written to the unidentified driver and the timescales are too short 

Tell them to review the appeal again and reply with a proper response, otherwise a complaint will be made to the BPA AOS compliance team , give them a 7 day deadline to respond 

You can assist her, but no taking over, no incorrect words etc, its currently not your problem 

LDast

Can you double check that the back of the original Notice to Keeper (NtK) is the one you've shown us. We do not need to see the reminder. However, the back of the reminder is what I think you've shown us for both notices.

Coupon-mad

What do you mean by saying you did an appeal "on behalf of" your wife? Please tell us you didn't do it in your name?

She must appeal, not you.  Such an easy one to win because it's non-POFA.

Wazzack16

LDast said:

Can you double check that the back of the original Notice to Keeper (NtK) is the one you've shown us. We do not need to see the reminder. However, the back of the reminder is what I think you've shown us for both notices.

There are two backs on there. One has an extra sentence at the start of the page ("further to the recent PCN..."

Wazzack16

Coupon-mad said:

What do you mean by saying you did an appeal "on behalf of" your wife? Please tell us you didn't do it in your name?

She must appeal, not you.  Such an easy one to win because it's non-POFA.

When i say on behalf of, I mean I used her details only. I did not make any reference to me, or anyone else. 

LDast

Wazzack16 said:

LDast said:

Can you double check that the back of the original Notice to Keeper (NtK) is the one you've shown us. We do not need to see the reminder. However, the back of the reminder is what I think you've shown us for both notices.

There are two backs on there. One has an extra sentence at the start of the page ("further to the recent PCN..."

So, you've been issued a "hens tooth" of an NtK by PE. It is non PoFA.

Coupon-mad

Wazzack16 said:

Coupon-mad said:

What do you mean by saying you did an appeal "on behalf of" your wife? Please tell us you didn't do it in your name?

She must appeal, not you.  Such an easy one to win because it's non-POFA.

When i say on behalf of, I mean I used her details only. I did not make any reference to me, or anyone else. 

Oh good. So she replies:

"Gimme my POPLA Code then".

She could do that by putting in another 'appeal' if it lets her.  Certainly no implying the driver.

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