Letter Before Claim - Uber Eats driver, stayed 6 mins

lee19855

Hello I am hoping you wonderful ladies and gentleman can help me, I’m a long time admirer of the work you guys do to help people. I have been perhaps silly at not appealing this but I ignored it naively thinking it’ll be okay.

Here’s the story, I was on an uber eats delivery from McDonald’s which I can prove with much documentary evidence. The McDonalds car park was full, so I parked in the KFC car park adjacent (as you’ll see pictured). I was there for 6 mins picked up my order then left on my way. Later, my girlfriend’s mum (registered keeper) received an NTK from parking eye regarding the 6 minute stay at 9.37am when there is no parking allowed before 10am. I accept that I did not see the part saying no entry before 10am (I didn’t say this to them) but I am an uber eats driver and I thought it would be cancelled given the fact I’m technically a work contractor.

I went into the kfc and spoke to the manager very courteously but she was having none of it and basically said she will try getting it cancelled but they cancel some and don’t cancel others. I didn’t appeal and naively thought this will be the end of the matter.

Girlfriends mum RK then got a reminder saying she now owes £100 and I went back into KFC and spoke to the manager ended up being the same woman who basically said hard luck we don’t own the car park.

I then tried to submit a late appeal request and got the confirmation but heard nothing since (this was about 2 weeks ago). At the time I also clicked the button to request to pay the lesser charge of £60 was accepted (assuming it would be held for 14 days until after I heard back about the late appeal). This late appeal request is simply a request to allow a late appeal you’re not allowed to enter any appeal details it’s for them to decide whether to allow you to appeal. Needless to say haven’t heard anything.

Contacted KFC customer care team and they just give me the typical appeal to the company and then to POPLA sorry we can’t help response.

Girlfriend’s mum RK now has a letter before claim.

Is there anything I can do?

I have been to site this morning to take a picture of site and it’s dubious. There is only one sign on entry to the car park as you can see, this sign says nothing about a fine or ANPR and it says no parking outside of opening times in smaller letters. It says refer to T&C’s on signs. Inside the car park it then says all the fine, ANPR stuff but that’s once you’ve entered the car park to read it all. And once you’ve entered for a few minutes, like me, you’ve already been caught by ANPR and fined. So I feel that the main larger signs in the car park should also be at the entry point too.

Can anyone suggest what I can do here?

photos attached:

this one above is what the signs inside the car park are like but you can’t read them from the entrance 
This one is at the entrance of the car park. Only this onethe car park entrance

Voyager2002

Do they know who was driving?

If not, and so long as you have not told them, they are on a hiding to nothing. Read the thread carefully to see exactly what to do and what to avoid.

Gr1pr

Is the POFA2012 warning on the back of the PCN letter,  usually the second paragraph down from the top   ?

But as it's only a reminder,  the very first NTK PCN letter should be checked,  not that subsequent reminder 

If it is, the keeper can be possibly liable for the charge due to POFA2012,  even if they were not driving 

The timescale complies with POFA,  looking at the front of it

I assume that your girlfriends mum is the RK  ?

I also assume that she received the Letter of Claim giving her 30 days notice from Parking Eye   ?

She is in danger of a court claim being issued against her very soon, if my assumptions are correct   ?  

It it your girlfriends mums name on every letter   ?  Not your name  ?

If yes, strange as it may seem,  you are not involved,  because the RK has not named you as driver 

Is she up for a court claim and possibly a court hearing in her local civil court   ?

James_Poisson

Forbidding signage no contract was offered they cannot invoice for what is in effect trespass.

lee19855

Good morning lovely people and thanks so much for speedy responses! Although so far slightly conflicting so I’m not sure what to think! I will answer your questions of course:

1. They may know who was driving. I haven’t had any communication with them at all EXCEPT filling out the “late appeal request” form, which I haven’t had any response from at all and no email acknowledgement (got an acknowledgement on screen). However from memory I’m pretty one of the fields were the driver’s name and contact details on that form. But no contact with the driver in any form has been made yet and that was 2 weeks ago. The letter before claim has since been posted to the RK, but no contact with driver. Wouldn’t surprise me if their ineptness lost it.
2, yes the RK is (or was at the time the NTK was sent) is my girlfriend’s mum. However the RK has since been changed and my partner is now officially the RK.
3) yes it was received in time, although the RK was on a cruise at the time it was sent so in effect didn’t receive it until 12 days after the date on it. 

4. I have supplied the full NTK attached here. And the back. Doesn’t mention POPLA just the Supreme Court stuff.
5. All correspondence received so far has been in RK name. (Old RK)

Gr1pr

None of those documents are the first postal NTK PCN letter 

The reason they are chasing the person who is your girlfriends mum is because she was the non driving keeper at the time , but she may well be liable under the law

She has not named the driver,  with the drivers address,  so hasn't transferred liability to you,  the driver 

If she doesn't want a court claim then I suggest that SHE names YOU as the driver,  whilst she still can , in writing, ASAP 

Then YOU can deal with it,  once the letters are in your name   ( not hers  )

lee19855

Gr1pr said:

None of those documents are the first postal NTK PCN letter 

The reason they are chasing the person who is your girlfriends mum is because she was the non driving keeper at the time , but she may well be liable under the law

She has not named the driver,  with the drivers address,  so hasn't transferred liability to you,  the driver 

If she doesn't want a court claim then I suggest that SHE names YOU as the driver,  whilst she still can , in writing, ASAP 

Then YOU can deal with it,  once the letters are in your name   ( not hers  )

Maybe it is not an official NTK then but that document was the first letter received after the original parking ticket which was sent to the RK.

I have just gone on the parking eye website and it has a WhatsApp chat. Can I just notify them on there and save the screenshots so I have some kind of physical proof I have named the driver?
Would you suffice sending a letter to their registered address via tracked delivery?

Once it is in the driver’s name do I have any hope of fighting this or is it time to pay up. What would my next step be? Or does it depend on what their next move is I.e ignore driver change and just go straight to county court or then what they send to the driver etc?

thanks again for your help

Gr1pr

YOU cannot do anything at the moment,  I know that you mean we'll but currently the dispute is between Parking Eye and the person named on the letters and you need to follow our advice before it goes Pete Tong  !

I suggest that you tell HER to email litigation@ etc and she gives Parking Eye the reference number, VRM details and to give them the name and address of the driver ASAP,  stating that she is transferring liability from the Registered Keeper to the Driver under the Pofa2012 legislation 

The email for litigation should be on their website,  or she fills in an online form

That should redirect Parking Eye towards you and stop a court claim against her in the near future 

Lets deal with the aftermath once you receive a Letter in your own name, on this same thread of yours

James_Poisson

lee19855 said:

Maybe it is not an official NTK then but that document was the first letter received after the original parking ticket which was sent to the RK.

Which was the NTK!

Coupon-mad

We need to see the NTK (the 'PCN' dated 21,June). Both sides please.

Why doesn't she just transfer liability to you? Then you will get a PCN from scratch. She will be sued if she doesn't transfer liability.

The PCN explains how on the back.

Voyager2002 said:

Do they know who was driving?

If not, and so long as you have not told them, they are on a hiding to nothing.

The above advice is sadly incorrect.

The keeper should transfer liability NOW so you can deal with it. Come back when that's done.

I went back into KFC and spoke to the manager ended up being the same woman who basically said hard luck we don’t own the car park.

Yes. That could be true.

So you need to complain to the property agents who DO run the site but the urgent thing is for MIL (NOTE: NOT YOU) to transfer liability from her to you, to take the immediate claim form risk away.