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Parking Eye wrong reg
Robp1978
Forumite 7 Posts
Hi All
Just a bit of advice, I have read the newbies thread and am going to appeal using that info but just wondered if it is worth me putting in my reasons for the fine.
Basically I paid to park in a car park on park by phone app, I was in a coutesy car because my car was in the garage and mistakenly I didnt put in the new car reg and used my old one. I have proof I paid on the app and also an email, Is it worth putting this into the appeal?
Thanks
Just a bit of advice, I have read the newbies thread and am going to appeal using that info but just wondered if it is worth me putting in my reasons for the fine.
Basically I paid to park in a car park on park by phone app, I was in a coutesy car because my car was in the garage and mistakenly I didnt put in the new car reg and used my old one. I have proof I paid on the app and also an email, Is it worth putting this into the appeal?
Thanks
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Use the blue text template adding a copy of the paid for ticket and add that the incorrect registration was selected by the payee, which is classed as de minimis because full payment was made
Avoid these words completely
Me , My , Myself & I , so no self incrimination
I presume the garage passed on your details and the PCN is in your name ? ( So not that it's a PCN in the garage name ? )
Meaning the PCN should be in the name of the hirer , not in the name of the RK
I would be using an Edna basher template if it's a notice to hirer , adapting it to add the paid for ticket and that can occupant of the vehicle did not choose the correct option , but that as the correct fee was paid it's classed as de minimis, but no inferring who was driving
https://forums.moneysavingexpert.com/showthread.php?t=5972164
IMO PE are likely to lose any court claim against a well constructed defence attacking their signage.
My wife recently acquired a PE ticket which they cancelled as soon as I did so.
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]
Do instruct the garage in writing not to pay the charge and then pass it on to you. They have discharged their liability (assuming they passed the hirer's details to the PPC) so make sure they know you are dealing with it.
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
Scroll down the Newbies' thread till you get to the section specifically about hire cars. There are 3 links to appeals by Edna Basher. One of them will suit.
The bottom section of post #1 has the links to the Edna basher examples , choose the closest match and adapt it to suit , appealing as a keeper that is a hirer for hire vehicle's , or keeper as a lessee for leased vehicles
It's below the blue text template , so you did not scroll down far enough , or you didn't realise that you are using those examples to appeal as a hirer or as a lessee , due to the vehicle not being yours
Dear Sir,
Parking Charge Notice : Vehicle Registration
I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Prking Eye as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.
You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Parking Eye Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.
Given that Parking Eye has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Furthermore a ticket was obtained but an icorrect registration was inputed by the payee which is classed as de minimis because full payment was made. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.
Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.