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  • FIRST POST
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 26th Jan 18, 12:36 PM
    • 35Posts
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    OLDFLYBYNIGHT
    ParkingEye 130+ days to send Notice to Keeper
    • #1
    • 26th Jan 18, 12:36 PM
    ParkingEye 130+ days to send Notice to Keeper 26th Jan 18 at 12:36 PM
    Hello,
    Just received a ParkingEye “Charge Notice” dated 23/01/18 about parking on 06/09/17.
    This for exceeding the free 2 hour parking period and then not paying, at a MOTO service station.


    Times of photo of driving presumably into the service station area to photo of driving out of the service station area, approx. 3.40am to 6.30am, no advice whether parked for the duration, driving around the area trying to find the way out, getting petrol, etc.

    I’m fairly certain this is a notice to keeper, but it doesn’t clearly say so.

    It points me to an Appeals Procedure
    Online: appealpcn.co.uk - is this the proper place to appeal?
    Post: Appeals Dept, POB 3573, Barnet, EN5 9QA – same question.

    They say “Where our client’s property … England … should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA …”

    Can I start the appeal with the time lapse between alleged contravention and the notice to keeper being too long?

    Thanks
    PS. Staggered at the attention and time given by advisors, to ‘normal’ people like me. Thanks again!
Page 1
    • Umkomaas
    • By Umkomaas 26th Jan 18, 12:44 PM
    • 19,462 Posts
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    Umkomaas
    • #2
    • 26th Jan 18, 12:44 PM
    • #2
    • 26th Jan 18, 12:44 PM
    Do a forum search for ‘Golden Ticket’ to read some of the other many threads that are around. PE had a major glitch towards the end of summer last year and failed to get their NtKs out on time to invoke Keeper Liability. You seem to have one.

    Any mention on the NtK about KL, or the Protection of Freedoms Act 2012?

    It’s likely that PE will reject your initial appeal, put you through the hassle of writing a POPLA appeal (you’ll find those in your search to more or less copy and paste), then withdraw the charge when you submit it to POPLA.

    Sorry it’s just a hassle to go through, but the above will kill it dead, otherwise PE has 6 years to continue to harass you with threats of a county court claim.

    HOW TO USE SEARCH

    Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • pappa golf
    • By pappa golf 26th Jan 18, 12:49 PM
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    pappa golf
    • #3
    • 26th Jan 18, 12:49 PM
    • #3
    • 26th Jan 18, 12:49 PM
    are you sure this is Parking eye? as the appeal address is incorrect , and the postal address you have written is highview parking (and others)

    the appeal address is a generic post box used by lots of parking companies , but not PE
    Last edited by pappa golf; 26-01-2018 at 12:57 PM.
    • Umkomaas
    • By Umkomaas 26th Jan 18, 12:54 PM
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    Umkomaas
    • #4
    • 26th Jan 18, 12:54 PM
    • #4
    • 26th Jan 18, 12:54 PM
    Good spot PG.

    Lots of people use the name ‘ParkingEye’ when they are describing an ANPR camera capture. Two quite different, but equally nasty elements in the great private parking rip off.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • Castle
    • By Castle 26th Jan 18, 12:57 PM
    • 1,900 Posts
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    Castle
    • #5
    • 26th Jan 18, 12:57 PM
    • #5
    • 26th Jan 18, 12:57 PM
    are you sure this is Parking eye? as the appeal address is incorrect , and the postal address you have written is highview parking
    Originally posted by pappa golf
    +1; I thought it was CP Plus who deal with MOTO sites.
    • pappa golf
    • By pappa golf 26th Jan 18, 1:03 PM
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    pappa golf
    • #6
    • 26th Jan 18, 1:03 PM
    • #6
    • 26th Jan 18, 1:03 PM
    yes , one of many that use that appeal portal http://cp-plus.co.uk/appeal/pay-appeal-pcn/ follow link)
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 26th Jan 18, 1:03 PM
    • 35 Posts
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    OLDFLYBYNIGHT
    • #7
    • 26th Jan 18, 1:03 PM
    • #7
    • 26th Jan 18, 1:03 PM
    Blast! You are right. It's CP Plus - they quote the ParkingEye vs Beavis case, and I went 'brain blank' presuming the huge logo at the top was a stylised version of theirs.
    • pappa golf
    • By pappa golf 26th Jan 18, 1:14 PM
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    pappa golf
    • #8
    • 26th Jan 18, 1:14 PM
    • #8
    • 26th Jan 18, 1:14 PM
    well , the "golden ticket" rule applies here as well

    providing

    A: not company / lease or hire car

    b: your v5 is upto date at the address shown on the letter

    is there mention of POFa on the letter , or is it generic asking for you to admit / name the driver

    CP plus are part of the ranger group , who do back office work for many companies , so why they cocked up is a mystery
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 26th Jan 18, 1:22 PM
    • 35 Posts
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    OLDFLYBYNIGHT
    • #9
    • 26th Jan 18, 1:22 PM
    • #9
    • 26th Jan 18, 1:22 PM
    [QUOTE=Umkomaas;73781980]
    Any mention on the NtK about KL, or the Protection of Freedoms Act 2012?

    They do say "...if you were not the driver ... you should provide us ... name and ... address of the driver and pass this notice to them." but I cannot see where they say it is the Keeper's Liability ... and absolutely nothing about Protection of Freedoms Act 2012.

    Can I write to them with a full comprehensive list of issues for them to answer, incuding if their 'Parking' definition includes driving within the MOTO domain else there seems to be an assumption of 'not moving' for > 2 hours, or should I just go on the Paragraph 9 issue?

    Thanks again.
    • pappa golf
    • By pappa golf 26th Jan 18, 1:30 PM
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    pappa golf
    why not read the stickies thread and use the templet letter there , going off on a freehand rant may make you admit that you were the driver , by doing that any benifit gained by No POFa (as sure POPLA win for you) will be lost

    the idea is for them to simply cancel , or hand over a POPLa code , at which point you mention 120 days + and no POFA
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 26th Jan 18, 1:43 PM
    • 35 Posts
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    OLDFLYBYNIGHT
    OK pappa golf, thanks.

    But, the more I look at the photos, the more it annoys me that the “In Capture” looks to be on the slip road coming into the service area, and the “Out Capture” could be taken anywhere within the site. Not clearly in and out of car park area.

    Sorry, rant over.

    To be sure, I appeal using standard letter without mentioning 120 days + or no POFA.
    When I get a refusal and POPLA code, I then mention 120+ days & no POFA to POPLA.
    Else if they cancel, success.
    But no pleasure in making them squirm.
    • pappa golf
    • By pappa golf 26th Jan 18, 1:47 PM
    • 8,706 Posts
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    pappa golf
    they will pull out of popla when you submit evidence of lack of pofa , at Popla , they can only go for the driver , by making your "Gettysburg" speech , you are likely to say "I did this , I did that" , which will cancel out there failure of pofa ,
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 26th Jan 18, 3:14 PM
    • 35 Posts
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    OLDFLYBYNIGHT
    Hello,


    Tried to submit template via their appeals website, came across these 2 options, and couldn’t get past them unless I ticked one.

    Tick here to confirm that you were the driver and that the PCN you have received contains the correct information
    Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information


    Then looked at their FAQs which quoted
    “We are bound by the British Parking Association’s Code of Practice and registered with the Information Commissioner’s Office. Utilising The Protection of Freedoms Act 2012 when issuing PCNs is optional and we are not required to comply with it. Non-compliance with this legislation in no way affects our ability to issue PCNs and does not in any way affect the validity of the PCN you have received.”


    Advice please - trying to get on with it, but stunble at the first hurdle.
    • pappa golf
    • By pappa golf 26th Jan 18, 3:20 PM
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    pappa golf
    Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information
    • Redx
    • By Redx 26th Jan 18, 4:11 PM
    • 19,261 Posts
    • 24,477 Thanks
    Redx
    USE THE INCORRECT INFO OPTION (not the driver)

    do not mention or tick a box about who was driving, this is the golden rule in 99% of cases
    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
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 17th Apr 18, 11:29 AM
    • 35 Posts
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    OLDFLYBYNIGHT
    Apologies for not updating this thread earlier.
    Managed to submit Appeal Application after reading last 2 advice posts. Received email confirming receipt of application very early February advising that:
    We aim to write back to you within 14 working days, but certainly no more than 35 days after your representation is received.
    Took a couple of weeks out in March, and had house-sitter open all my post.
    To date, have not heard anymore, no email, no letter, no phone call.

    What do I do now?
    • Coupon-mad
    • By Coupon-mad 17th Apr 18, 11:44 AM
    • 61,622 Posts
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    Coupon-mad
    Email the BPA to complain (is this CP Plus, just to clarify?) and while you are about it, complain that the appeals page insists on a keeper choosing 'I was the driver' or 'I was not the driver' which is not allowed and was confirmed in 2013 by the DVLA (in a joint statement with the BPA) to be a serious breach if an appeals process implied a keeper has to say if they were driving or not.

    You know the BPA email addy because it's in the NEWBIES thread (post #5? the bit re complaints).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Umkomaas
    • By Umkomaas 17th Apr 18, 12:35 PM
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    Umkomaas
    What do I do now?
    Go to the CP Plus website 'Pay my PCN' portal as if to pay the PCN. This will give you the current status of the charge. If it is still showing as 'Live' (unpaid), then follow Coupon-mad's advice re complaining to the BPA.

    Please update us when you've tried the website.
    Last edited by Umkomaas; 17-04-2018 at 1:16 PM.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 17th Apr 18, 1:08 PM
    • 35 Posts
    • 7 Thanks
    OLDFLYBYNIGHT
    Hello Coupon-Mad, thanks for your reply.

    Yes, it is CP Plus.

    I will complain to BPS about not being updated by CP Plus as they said they would (and quote their statement).

    The appeals page will only allow an appeal to go through if you tick one of the 2 options (exact text) -
    Tick here to confirm that you were the driver and that the PCN you have received contains the correct information
    Tick here to confirm that you were not the driver or that the PCN you have received contains incorrect information

    So will complain about that as well, quoting the 2013 statement information as you say.

    I note that on the Charge Notice, sent to me as I was the registered keeper at that time, has 2 photos of the car, but only the design and text of a generic Parking Sign - not a photo, and it doesn't include an infringement amount - is that an issue?

    Thanks again.
    • OLDFLYBYNIGHT
    • By OLDFLYBYNIGHT 17th Apr 18, 1:11 PM
    • 35 Posts
    • 7 Thanks
    OLDFLYBYNIGHT
    Will check their website as suggested by UMK0MAAS first ... sorry crossed in the post (as it were).
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