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Parking Eye - 4 to 5 Months Late

SKarTaZ
SKarTaZ Posts: 9 Forumite
in Parking tickets, fines & parking
Hi guys,

I just had 4 Parking Eye tickets come through all at the same time for parking dates back in May and June this year (all same car park). Are they late enough on this for me to appeal etc?

Cheers in advance :)
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    same answer as in this similar thread

    http://forums.moneysavingexpert.com/showthread.php?t=5724555

    they must be trawling old tickets
  • SKarTaZ
    SKarTaZ Posts: 9 Forumite
    UPDATED - 8 tickets now received over 4 months late. I'm assuming appeal with the Blue text in Newbies thread?
  • SKarTaZ
    SKarTaZ Posts: 9 Forumite
    edited 17 October 2017 at 12:21PM
    And appeal each one individually?
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    SKarTaZ wrote: »
    And appeal each one individually?

    Definitely treat each one individually - a bit inconvenient, but essential that you do it this way.

    Use exactly the same appeal from the sticky, no need to alter in any way, other than to make sure the individual PCN number is entered on each respective appeal.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • SKarTaZ
    SKarTaZ Posts: 9 Forumite
    Thanks Umkommas. I'm just not entirely clear which template to use, since the tickets are for dates from over 4 months ago?

    Should I go with #1:
    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,


    THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

    NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - ALWAYS USE THE ONLINE APPEAL PAGE BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE ANY EMAIL APPEAL OPTION IF FIRMS OFFER IT.

    Or should I go with #2:

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

    Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
  • KeithP
    KeithP Posts: 37,584 Forumite
    Name Dropper First Post First Anniversary
    SKarTaZ wrote: »
    UPDATED - 8 tickets now received over 4 months late. I'm assuming appeal with the Blue text in Newbies thread?
    No need to assume that.

    That is exactly what you were advised to do in post #2.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    use 2 , because they failed the POFA2012 timescales but change

    Should you obtain

    to


    Should you have obtained

    appeal each one separately
  • SKarTaZ
    SKarTaZ Posts: 9 Forumite
    Update - It was 4 tickets sent twice each. All in the same envelope with the dates on the 1st manipulated to look like they were sent over a week earlier. !!!!!!!s.

    Appealed all 4 and they have obviously rejected all 4 of them . . .
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    so you should have 4 popla codes

    so read recent similar popla appeals like for TOWER ROAD and draft your popla appeal , same one for all of them , although each one needs appealing to popla separately, even if they are all identical apart from the pcn and popla reference numbers

    you will find a few recent winners at the end of the POPLA DECISIONS sticky thread

    post the draft on here first
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.


    When you do your POPLA appeal, please split these two separate points and make the "Out of time" appeal point the major one.

    Make sure you highlight the date of "offence" and date of NtK when you do. Should be a walk over on that point alone.
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