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  • FIRST POST
    • peazy
    • By peazy 12th Apr 18, 3:52 PM
    • 11Posts
    • 3Thanks
    peazy
    parking eye london
    • #1
    • 12th Apr 18, 3:52 PM
    parking eye london 12th Apr 18 at 3:52 PM
    Hi
    I have read the newbie page, however I need some further advice please.
    I have received multiple parking charges and after reading advice from a another forum prior to finding this one I may have made a mistake.
    I have appealed my first ticket.
    This was sent by email yesterday.
    However, now I realise that most of the tickets issued where 14 days after the event.
    My car was snapped by anpr no windscreen ticket.
    Regarding the remaining charges should I appeal them differently ie use the 14 day rule or have I lost that chance now because of my first appeal being of a different nature ?
    I would rather use the 14 day rule if still possible.
    I will of course appeal the others individually.
    Hope that makes sense.
    Thanks in advance
    Last edited by peazy; 12-04-2018 at 5:48 PM.
Page 1
    • Umkomaas
    • By Umkomaas 12th Apr 18, 4:18 PM
    • 20,646 Posts
    • 32,560 Thanks
    Umkomaas
    • #2
    • 12th Apr 18, 4:18 PM
    • #2
    • 12th Apr 18, 4:18 PM
    How will the '14 day rule' help you? I'm not clear what it is you are asking. Can you clarify please?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • peazy
    • By peazy 12th Apr 18, 4:24 PM
    • 11 Posts
    • 3 Thanks
    peazy
    • #3
    • 12th Apr 18, 4:24 PM
    • #3
    • 12th Apr 18, 4:24 PM
    Hi
    I thought that if the ticket was issued after 14 days after the event then you do not have to tell them who the driver was.
    I believe its to do with pofa 2012
    Several tickets where sent more than 14 days after.
    Can I not use this in my appeal ?
    Thanks
    • Redx
    • By Redx 12th Apr 18, 4:28 PM
    • 20,410 Posts
    • 25,765 Thanks
    Redx
    • #4
    • 12th Apr 18, 4:28 PM
    • #4
    • 12th Apr 18, 4:28 PM
    if they failed POFA2012 then the keeper is not liable, so use the template for each one and use the POFA2012 argument as keeper (plus the other usual appeal points) at POPLA

    failing to get the pcn to the keeper by day 15 means they failed POFA2012, what we call a "golden ticket"

    where the driver has been identified , POFA2012 is not relevant
    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
    • Umkomaas
    • By Umkomaas 12th Apr 18, 4:35 PM
    • 20,646 Posts
    • 32,560 Thanks
    Umkomaas
    • #5
    • 12th Apr 18, 4:35 PM
    • #5
    • 12th Apr 18, 4:35 PM
    If ParkingEye have failed to meet the 14/15 day deadline their NtK normally reflects that by omitting the PoFA warning from the back page of the NtK.

    Check out that there isn't a paragraph that starts 'If after 29 days ......'. How many include that paragraph?

    Also could you list the date of each parking event and alongside it the date of issue of the NtK. Then we can advise on which strategy for which NtK.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • The Deep
    • By The Deep 12th Apr 18, 4:38 PM
    • 11,009 Posts
    • 10,974 Thanks
    The Deep
    • #6
    • 12th Apr 18, 4:38 PM
    • #6
    • 12th Apr 18, 4:38 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • peazy
    • By peazy 12th Apr 18, 4:40 PM
    • 11 Posts
    • 3 Thanks
    peazy
    • #7
    • 12th Apr 18, 4:40 PM
    • #7
    • 12th Apr 18, 4:40 PM
    Hi
    Excuse my inexperience, but from my first post has the driver been identified in my case ?
    I am not exactly sure about what you mean by this.
    Thanks
    • Umkomaas
    • By Umkomaas 12th Apr 18, 4:43 PM
    • 20,646 Posts
    • 32,560 Thanks
    Umkomaas
    • #8
    • 12th Apr 18, 4:43 PM
    • #8
    • 12th Apr 18, 4:43 PM
    Hi
    Excuse my inexperience, but from my first post has the driver been identified in my case ?
    I am not exactly sure about what you mean by this.
    Thanks
    Originally posted by peazy
    Your third sentence identifies who was driving. Try using only 'the driver' rather than any other identifier when describing the parking incident.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Redx
    • By Redx 12th Apr 18, 4:43 PM
    • 20,410 Posts
    • 25,765 Thanks
    Redx
    • #9
    • 12th Apr 18, 4:43 PM
    • #9
    • 12th Apr 18, 4:43 PM
    any that identified the driver would have to have different arguments as POFA2012 is no defence if they refuse that appeal and issue a popla code

    any that still need to be appealed are appealed as KEEPER using the template in the NEWBIES FAQ sticky thread, on their website, theese will later include the POFA2012 issues to stop a keeper being liable
    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
    • peazy
    • By peazy 12th Apr 18, 4:45 PM
    • 11 Posts
    • 3 Thanks
    peazy
    Thanks for all the help guys.
    There is no paragraph stating anything about if after 29 days
    So just to clarify, because my name is on the letter does not count as identification does it?
    Therfore my future appeals will be as a keeper and the pofa2012 template used.
    Cheers
    Last edited by peazy; 12-04-2018 at 4:52 PM.
    • Umkomaas
    • By Umkomaas 12th Apr 18, 4:47 PM
    • 20,646 Posts
    • 32,560 Thanks
    Umkomaas
    There is no paragraph stating anything about if after 29 days
    Originally posted by peazy
    Have PE failed on every NtK you've received? How many?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • peazy
    • By peazy 12th Apr 18, 5:00 PM
    • 11 Posts
    • 3 Thanks
    peazy
    Out of 11 tickets 9 were issued 14 days after the event.
    I take it that counts as pe failing the ntk for those 9?
    They all came in the post in one day
    • peazy
    • By peazy 12th Apr 18, 5:09 PM
    • 11 Posts
    • 3 Thanks
    peazy
    All tickets issued 05/04/2018


    event 23/02/2018


    event06/03/2018


    event08/03/2018


    event 09/03/2018




    event 13/03/2018




    event 14/03/2018




    event 16/03/2018


    event 21/03/2018


    event 22/03/2018


    event 26/03/2018


    event 29/03/2018
    • peazy
    • By peazy 12th Apr 18, 5:28 PM
    • 11 Posts
    • 3 Thanks
    peazy
    The ticket which was event 22/03/2018 and issued 05/04/2018 falls on the 15th day, does that count as a golden ticket?
    • Redx
    • By Redx 12th Apr 18, 5:33 PM
    • 20,410 Posts
    • 25,765 Thanks
    Redx
    not if it arrived on day 15 , where day zero is the date of the contravention

    as well as the dates, look for that pofa paragraph , if its missing they know they failed pofa

    also , what are the contraventions they are alleging ?

    two visits ?

    one long visit instead of 2 short visits ?

    overstays ?

    what ?

    or are there various reasons

    seems to me like the driver committed the same issue many times over , which they believe broke their rules or the signage etc
    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
    • peazy
    • By peazy 12th Apr 18, 5:45 PM
    • 11 Posts
    • 3 Thanks
    peazy
    The pofa paragraph is missing.
    They alleged the driver stayed more than 2 hours
    • Redx
    • By Redx 12th Apr 18, 5:47 PM
    • 20,410 Posts
    • 25,765 Thanks
    Redx
    so there is 2 hours free parking and they allege that the driver overstayed

    so does the driver say they double dipped by making 2 short visits ? or not

    I cannot see PE issuing a dozen tickets for a dozen double dipping scenarios

    they get a few wrong but not that many and not so consistently
    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
    • peazy
    • By peazy 12th Apr 18, 5:56 PM
    • 11 Posts
    • 3 Thanks
    peazy
    The driver did double dip and suspect pe know what they doing
    Perhaps this is a new tatic
    However I know of quite a few cases were friends have been unfairly charged due to double dipping,
    sometimes multiple times
    • Redx
    • By Redx 12th Apr 18, 5:59 PM
    • 20,410 Posts
    • 25,765 Thanks
    Redx
    unfair is not relevant here, unless these people can persuade a judge in a court of law

    BEAVIS overstayed on a free car park and lost 3 times in 3 courts to 11 judges, and PE won

    I dont think you or your friends interpretations of the "law" will carry any weight

    either its double dipping and not one continuous long stay, or it isnt

    2 short visits (double dipping" can be a defence point , if the driver has not failed the terms and conditions

    KEEPER LIABILITY under POFA2012 is a better argument when PE have failed POFA2012

    it is mainly the foolish and naive that blab about who was driving
    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
    • peazy
    • By peazy 12th Apr 18, 6:07 PM
    • 11 Posts
    • 3 Thanks
    peazy
    Wise words indeed, totally agree with you
    I will use the template with the pofa as an argument for the charges that arrived after 14 days
    Thanks again for all your help
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