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  • FIRST POST
    • LongLegs17
    • By LongLegs17 18th Oct 17, 8:29 PM
    • 14Posts
    • 11Thanks
    LongLegs17
    ParkingEye Aldi Westcliff-on-Sea
    • #1
    • 18th Oct 17, 8:29 PM
    ParkingEye Aldi Westcliff-on-Sea 18th Oct 17 at 8:29 PM
    I've spent the last 90 minutes reading this forum and its stickies after Googling PE's payment number (with the intention of paying) and found myself here, however I hope you accept my apologies if my question has already been covered elsewhere on here.

    I've read templates and studied pictures and I feel I've got a winning case here but can't be sure that I'm not just being uncharacteristically optimistic, plus I'm not going to lie but this is all quite overwhelming and stressful and even writing this now I'm telling myself it'll all be over if I just pay, but then I'd be giving them justification to continue their questionable practices.

    Date of Event: 07/07/17
    Date Issued: 14/10/17
    Date Received: 18/10/17

    Date 'Discount' Expires: 28/10/17

    Am I right in thinking that this is unenforceable?

    I'm attempting to attach a picture of the back of the PCN as it looks a bit like the rear of one I've seen in one of the stickies titled "Golden Ticket" but again, I just want to be sure and right now I'm not.

    OK as a new user I'm unable to post a link to the picture.

    I sincerely hope I've not overlooked the information in one of the stickies but I'm sure I'll find out pretty quickly.

    Whether this gets overturned/thrown out or I end up paying it I just want to say thanks for the brief education I've gained from the forum this evening and I'll most definitely be returning for further education.
Page 1
    • Redx
    • By Redx 18th Oct 17, 8:42 PM
    • 18,525 Posts
    • 23,449 Thanks
    Redx
    • #2
    • 18th Oct 17, 8:42 PM
    • #2
    • 18th Oct 17, 8:42 PM
    yes you are correct , well done

    they failed POFA2012 so appeal it using this appeal (the pcn should have arrived by day 15 (so about the 22 july 2017 or earlier) , not 2 months or more later)

    http://forums.moneysavingexpert.com/showthread.php?t=5723342 post #4 , as keeper , but REMOVE the also clause #13 paragraph if it does not apply , leave the rest and paste it in their appeal box online

    so yes you have the "golden ticket"

    if they fail to cancel, its a similar popla appeal with the usual points including POFA2012 failure

    they are trying it on and you are one of hundreds getting late pcn,s
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • andytaylor
    • By andytaylor 18th Oct 17, 8:43 PM
    • 24 Posts
    • 18 Thanks
    andytaylor
    • #3
    • 18th Oct 17, 8:43 PM
    • #3
    • 18th Oct 17, 8:43 PM
    Too late for keeper liability by over 80 days.

    There seem to be a few of these "old" notices turning up. I think it's because of missed income targets. Not enough people are paying them money, which means they're going back through the archives and sending out more speculative invoices in an attempt to make up their "shortfall".
    • LongLegs17
    • By LongLegs17 21st Oct 17, 11:43 AM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    • #4
    • 21st Oct 17, 11:43 AM
    • #4
    • 21st Oct 17, 11:43 AM
    My apologies for the late response, but thank you both for your responses and for the clarification.

    I've just submitted my appeal and have taken pictures of every page where I had to enter information and another picture at the end stating that the appeal was received.

    I guess it's now just a waiting game.

    I'll keep you all updated on how this progresses.
    • Coupon-mad
    • By Coupon-mad 21st Oct 17, 3:51 PM
    • 59,542 Posts
    • 72,713 Thanks
    Coupon-mad
    • #5
    • 21st Oct 17, 3:51 PM
    • #5
    • 21st Oct 17, 3:51 PM
    Search the forum for ''golden ticket'' POPLA ParkingEye and you should find a POPLA appeal already written, to win this very easy one. You cannot lose, as long as no-one says who was driving.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • LongLegs17
    • By LongLegs17 3rd Dec 17, 11:01 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    • #6
    • 3rd Dec 17, 11:01 PM
    • #6
    • 3rd Dec 17, 11:01 PM
    Hello,

    I've foolishly forgotten about this and now have about an hour to submit my POPLA appeal after my initial appeal was rejected.

    I've tried posting my appeal but I keep getting errors and time is of the essence, I'm happy and will have to just go for it...

    My only question really is, on the POPLA page when entering my personal details do I check the box to say I'm appealing on some else's behalf or leave it unchecked?

    I'm appealing as the Registered Keeper

    Thanks
    • Redx
    • By Redx 3rd Dec 17, 11:03 PM
    • 18,525 Posts
    • 23,449 Thanks
    Redx
    • #7
    • 3rd Dec 17, 11:03 PM
    • #7
    • 3rd Dec 17, 11:03 PM
    use OTHER and attach your popla appeal as a pdf
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • LongLegs17
    • By LongLegs17 3rd Dec 17, 11:15 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    • #8
    • 3rd Dec 17, 11:15 PM
    • #8
    • 3rd Dec 17, 11:15 PM
    I've selected Other but at the top above your First/Last name is a check box - "Are you submitting this appeal on behalf of someone else?"

    The box says - "Yes I am"

    I want to make sure that by not ticking it, I'm not implying who was driving.
    • KeithP
    • By KeithP 3rd Dec 17, 11:18 PM
    • 8,087 Posts
    • 7,960 Thanks
    KeithP
    • #9
    • 3rd Dec 17, 11:18 PM
    • #9
    • 3rd Dec 17, 11:18 PM
    I've selected Other but at the top above your First/Last name is a check box - "Are you submitting this appeal on behalf of someone else?"

    The box says - "Yes I am"

    I want to make sure that by not ticking it, I'm not implying who was driving.
    Originally posted by LongLegs17
    Do not tick that box.

    You are not appealing on behalf of anyone.
    .
    • nosferatu1001
    • By nosferatu1001 4th Dec 17, 10:58 AM
    • 2,851 Posts
    • 3,546 Thanks
    nosferatu1001
    If you are appealing as the keeper, and you are the keeper, you are not appealing on behalf of anyone....
    • LongLegs17
    • By LongLegs17 4th Dec 17, 7:22 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    Thanks all.

    I thought as much but I was worried that by not ticking the box I was inadvertently implying that I was the driver.

    Once I get a response I'll (try again to) create a new thread with the template of my appeal and the outcome.

    Thanks again for the help.
    • KeithP
    • By KeithP 4th Dec 17, 7:25 PM
    • 8,087 Posts
    • 7,960 Thanks
    KeithP
    Once I get a response I'll (try again to) create a new thread with the template of my appeal and the outcome.
    Originally posted by LongLegs17
    No, no, no.

    Please do not start a new thread.

    Continue with this thread if and when you have anything to ask or report.
    .
    • LongLegs17
    • By LongLegs17 12th Dec 17, 10:35 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    Aside from the automated message from POPLA after submitting the appeal, this is all I've received so far.

    "Dear Sir / Madam,

    Thank you for your correspondence in relation to the Parking Charge incurred on 07 July
    2017 at XXXXX, at ALDI Westcliff-on-Sea car park.

    Whilst we note your request that ParkingEye make payment of the sum referred to within
    your correspondence, we must confirm that all invoices issued to ParkingEye by
    motorists, whether they concern an alleged loss, cost or expense, either following
    payment, appeal or any other issue, are categorically rejected.

    You have not formed a legally binding contract with ParkingEye under which you have
    acquired any right to invoice ParkingEye and/or seek payment for goods or services, and
    the sum sought is therefore rejected.

    Yours faithfully


    Legal Services
    ParkingEye Ltd"


    Is this POPLA seeking compensation on my behalf?
    • Umkomaas
    • By Umkomaas 12th Dec 17, 10:39 PM
    • 18,400 Posts
    • 29,130 Thanks
    Umkomaas
    Is this POPLA seeking compensation on my behalf?
    Nope. It!!!8217;s PE responding to your initial appeal. This bit ....

    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.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • LongLegs17
    • By LongLegs17 12th Dec 17, 10:44 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    Oh my bad, thanks.

    Hopefully I'll hear from one or the other sometime this week and be sure to share the outcome.
    • Coupon-mad
    • By Coupon-mad 13th Dec 17, 12:15 AM
    • 59,542 Posts
    • 72,713 Thanks
    Coupon-mad
    What? You need to read other threads. You won't hear from POPLA before Christmas.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • LongLegs17
    • By LongLegs17 21st Dec 17, 7:15 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    So I did receive a response from POPLA two days ago, which for some reason ended up in my junk folder. PE have uploaded their evidence which is a 49 page PDF file challenging everything I've uploaded and I've got until the 26th to respond.

    Do I just ignore this and wait for the 7 day period to expire and for POPLA to assess the appeal?

    To reiterate, I appealed as the RK and have made no hints towards who was driving at the time of the alleged event.
    Last edited by LongLegs17; 21-12-2017 at 7:16 PM. Reason: Grammar
    • nosferatu1001
    • By nosferatu1001 21st Dec 17, 7:23 PM
    • 2,851 Posts
    • 3,546 Thanks
    nosferatu1001
    No, you comment on it. Anything they haven!!!8217;t rebutted from your appeal. You state this means they accept it.
    • Coupon-mad
    • By Coupon-mad 21st Dec 17, 10:39 PM
    • 59,542 Posts
    • 72,713 Thanks
    Coupon-mad
    PE have uploaded their evidence which is a 49 page PDF file challenging everything I've uploaded and I've got until the 26th to respond.
    They always do that. You need to pick holes in it, and comment to POPLA before Christmas to put this behind you and not have it still to do on Boxing Day.

    Look at these issues and tell POPLA what's missing or old or ambiguous or missing:

    - the dates on their photo evidence, old photos? Point that out, if so.
    - has the aerial 'map' got a date on it, or not, and does it fail to identify the location?
    - does the 'evidence G' show a 'white list look up' and does it fail to identify the location?
    - have they included a landowner contract, or witness statement from the retailer?
    - have they admitted 'we are not relying on the POFA?' If so, point that out to POPLA!
    - have they shown that they tried to issue a PCN in time (earlier) or not?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • LongLegs17
    • By LongLegs17 25th Dec 17, 11:53 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    This is what I'll be uploading...

    I've just added more information...

    ===========================================

    "While the parking charge may have been issued 'correctly', the NTK was non-compliant with the POFA 2012 and ParkingEye have admitted this themselves. They have also failed to provide anything that shows the keeper was driving and the keeper is not liable.

    The dates on all but two of their supporting photos of signs are dated from between 2013 and 2015, with two other pages dated 2017. The aerial map has no date on the picture and no date on the page.

    ParkingEye claim to operate a grace period of a minimum of 10 minutes at this and all other sites, yet in this instance there was an overstay of 10 minutes and 25 seconds and a PCN has been issued over 90+ days after the event.

    No attempts were made by ParkingEye to issue the PCN earlier."

    ===========================================
    Last edited by LongLegs17; 26-12-2017 at 12:17 AM. Reason: More to add
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