Southampton Town Quay

andybuk99

Just complained to ABP and got this pitiful response back

"Thank you for your inquiry. We do not deal with any Parking charge disputes and these must be referred to Parking Eye for resolution. You can use the following link to establish the process for disputes.

https://www.parkingeye.co.uk/motorist/how-to-appeal-your-pcn/

Kind Regards

Town Quay Management Office | Town Quay  | Southampton | SO14 2AQ

+44 (0)23 8023 4397 | www.townquay.com"

Off to appeal.

Gr1pr

Off to get the KEEPER to appeal. ! ( Is hopefully what you meant. ?

andybuk99

Gr1pr said:

Off to get the KEEPER to appeal. ! ( Is hopefully what you meant. ?

Yeah, just difficult typing on the small phone 👍

andybuk99

So the owner received this

Dear Sir / Madam,

Thank you for your correspondence in relation to the Parking Charge incurred on 13

October 2024 at 17:36, at Town Quay 1, Southampton car park.

We are writing to advise you that your recent appeal has been referred for further

information.

You have stated that you were not the driver of the vehicle at the date and time of the

breach of the terms and conditions of the car park, but you have not indicated who was.

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection

of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking

charge in full. As we do not know the driver’s name or current postal address, if you were

not the driver at the time, you should tell us the full name and the current postal

address of the driver.

You are warned that if, after 29 days from the Date of Issue, the parking charge has not

been paid in full and we do not know both the name and current address of the driver, we

have the right to recover any unpaid part of the parking charge from you, the registered

keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the

Protection of Freedoms Act 2012 and is subject to our complying with the applicable

conditions under schedule 4 of that Act.

Please note, if you have made or wish to make an appeal on behalf of the driver, and you

do not provide the full name and current postal address of the driver, Parkingeye will be

obliged to deal with the representations made in your name.

Parkingeye have placed this charge on hold for 28 days to enable you to provide the

evidence requested. If this information is not provided within 28 days, the appeal may well

be rejected and a POPLA code provided.

--------------------------------------------

Am i correct in thinking the owner just waits now for a POPLA code?

Thanks in advance for any help and advice

Coupon-mad

Yep.        

KeithP

andybuk99 said:

Am i correct in thinking the owner just waits now for a POPLA code?

Yes, simply because there can be no keeper liability here.
@Coupon-mad told you that in the last sentence of her reply on 23 October at 6:34PM.

All those words in the two largest paragraphs in PE's reply have no relevance at all.

Either ParkingEye don't understand or they are hoping you don't understand. 
Which do you think?

Fruitcake

Why is the owner involved? Where bylaws apply, they may be liable.

Both the driver and owner should sit on their hands in the corner and say and do nothing.

The only person who should be doing anything is the keeper. They should complain to PE that the word, "should" in their response where they want you to blab about the driver's identity is misleading as there is no such requirement in the PoFA.
The complaint should also point out the claim that the keeper can be held liable in accordance with the PoFA is not true because the site is not relevant land
Warn them the if they do not respond to your complaints, and cancel the charge, you will escalate this to the BPA.
You should then follow through with a BPA complain t if PE do not correct their errors.

You should also complain to your MP that PE are making false and misleading statements to motorists, and ask them when the mandatory parking code of practice is going to be introduced, why they are now required to do by legislation.

andybuk99

Just to clarify the registered keeper.

Fruitcake

That doesn't alter the fact that the complaints should be made. It will make PE think twice about progressing this further, and it will make things more difficult for them.

andybuk99

Thanks all points taken. It just seems all a bit of a minefield and I'm sure people don't want to put a foot wrong.

Thanks everyone.