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    • GP06
    • By GP06 13th Jun 19, 6:38 PM
    • 3Posts
    • 1Thanks
    ParkingEye appeal number 3.
    • #1
    • 13th Jun 19, 6:38 PM
    ParkingEye appeal number 3. 13th Jun 19 at 6:38 PM
    I have read a lot of posts and the newbies threads and have taken advice and quotes from these in order to try and appeal a ParkingEye fine from November 2018. Can anyone please advise further?
    In short - I recieved a parking fine for entering incorrect registration details, recieved a letter which could have been deemed as a 'Golden ticket' as it didnt include any details regarding POFA. (This was not argued until my last appeal after joining this forum.)
    My first appeal, admittedly, was appalling. I naively thought providing proof of a valid ticket and writing a short letter that the case would be dropped.
    I recieved no correspondence for 2 months, only to find out at a later date that the one letter that never materialised was sent to a non-existent email address. Its strange how all other correspondence has been posted and recieved, with the exception of this one letter. I digress.
    I then received a final notice, without an appropriate opportunity to appeal due to not receiving this letter. My response was a little more prepared however, not enough to win the appeal. I then received a letter from a debt collection company informing that I had to pay or face court action. It was at this point I joined this forum in the hope of being able to resolve this situation.
    I wrote to my MP, as I had seen this as a recommendation, who has sent a letter to ParkingEye, but is yet to recieve a reply. I contacted the AOS in the hope of some form of appeal or guidance on my possible options. AOS have looked into the situation and believe ParkingEye have followed all the correct procedures and that I had two possible options, 1, pay the full amouont or 2, dont pay and face court action.

    Two letters from the debt collection company state that the reason for the debt is due to my ticket running out, which is not the case.
    As my appeal was being processed, there have been numerous communications and it doesnt seem to have a followed specific pattern. This makes me wonder if its worth writing the same appeal, (just adjusting it slightly to reflect the fact that the sent a second letter was apprently sent) or whether they may have considered my appeal earlier and didnt feel it was worthy of an appeal.

    My appeal outlined the following areas and provided a lot of detail on each one:

    1) The Notice to Keeper (NTK) fails to comply with the Protection of Freedoms Act 2012. ParkingEye issued a non-POFA PCN with no details regarding the POFA or 'keeper liability after 29 days' that could meet the mandatory requirements of 9(2)b of Schedule 4.
    2) Failure to show that the individual who it is pursuing, is in the fact the driver who was liable for the charge. (Ref POPLA case Carly Law 6061796103)
    3) Failure to comply with AOS Code of Practice.
    4) ParkingEye Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespassing.
    5) Failure to specify the total amount of those parking charges that are unpaid as at a time that is specified in the notice (POFA 2012)
    6) Reference the ICO Code of Conduct for surveillance.

    I am concerned that if I write a last appeal this still wont be granted and I end up having to fork out 170, or face court. I know these companies rely on this attitude and their scarmongering tactics in order to get money and it disgusts me, especially after we had paid for a ticket, however, in short I am done with this situation, after trying to resolve it since November.

    Any help or guidance would be very much appreciated.
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    • KeithP
    • By KeithP 13th Jun 19, 6:54 PM
    • 17,988 Posts
    • 21,957 Thanks
    • #2
    • 13th Jun 19, 6:54 PM
    • #2
    • 13th Jun 19, 6:54 PM
    What leads you believe that you can appeal a third time?

    Is this related to your other thread?

    Why have you abandoned that thread?
    You were asked questions there, but didn't answer them.
    • Coupon-mad
    • By Coupon-mad 13th Jun 19, 7:09 PM
    • 76,841 Posts
    • 90,197 Thanks
    • #3
    • 13th Jun 19, 7:09 PM
    • #3
    • 13th Jun 19, 7:09 PM
    You need to reply on your main thread, please. Let this one die and no starting more!
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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