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  • FIRST POST
    • havingalook123
    • By havingalook123 5th Jun 18, 3:05 PM
    • 14Posts
    • 0Thanks
    havingalook123
    Parking Eye Leicester PureGym St Georgeís Tower
    • #1
    • 5th Jun 18, 3:05 PM
    Parking Eye Leicester PureGym St Georgeís Tower 5th Jun 18 at 3:05 PM
    Hi,
    I just want to start by saying i am sorry for making a new thread, however i have read the entire newbies thread and am still very unclear about what i should be doing?

    I have 2 parkingeye PCN's (1 2 minutes over 2 hours and the other not even sure why 1:44 hours maybe forgot to enter my pin). Now, initially i was reading some threads and people were saying ignore this, however im sure after 2012 this is not the way to go and i dont want a CCJ.

    I simple want to know do i appeal to puregym first or appeal via parkingeye on their website? if so, which template (if here is one) am i to use?

    Thanks in advance
Page 2
    • Coupon-mad
    • By Coupon-mad 29th Jun 18, 1:23 PM
    • 59,444 Posts
    • 72,611 Thanks
    Coupon-mad
    All they have done is updated their replies to tell appellants about their right to a SAR:
    In addition, we wish to confirm that information about the right of an individual to request access to the data we hold about them has been available to all individuals, both pre and post the coming into force of the General Data Protection Regulation, via the privacy policy on our website. This policy has now been updated in line with the GDPR. For more information, please visit www.parkingeye.co.uk/privacy-policy, where you can make a request for access using our online privacy form or via the postal address provided.
    I would email back and ask when (on what date exactly) that policy was updated, and a copy of what the policy said BEFORE it was changed. It would help us and others, if you could get a date from PE and a copy/screenshot of the old policy that applied in April when you got the PCN.

    Apart from that, you obviously wait and start reading POPLA appeals as per the third post of the NEWBIES thread, in readiness for the rejection letter.

    And:

    Do not reply if a poster with less than 1000 posts sends you a private message. People lurk and pop up and post on this forum with a dark agenda.
    Last edited by Coupon-mad; 29-06-2018 at 5:26 PM.
    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.

    • The Deep
    • By The Deep 4th Jul 18, 11:42 AM
    • 9,696 Posts
    • 9,528 Thanks
    The Deep
    If you were to choose "I entered incorrect number plate" you are automatically telling them that you are the driver

    How so?

    If someone, neither the driver nor the keeper, but a passenger, enters a wrong VRN, who has breached the contract? The whole VRN scam is a scam, and almost certainly a trifle anyway.
    Last edited by The Deep; 04-07-2018 at 11:47 AM.
    You never know how far you can go until you go too far.
    • havingalook123
    • By havingalook123 13th Jul 18, 9:50 AM
    • 14 Posts
    • 0 Thanks
    havingalook123
    So i have received the rejections letter for both claims. So I am going to submit a POPLA Appeal for both however I am slightly confused on what basis i should be forming my appeal on.

    I am assuming that as i have a 'golden ticket' for both i will be appealing on the grounds stated in this paragraph

    ..then you *will* win your appeal using the template POPLA point about 'no keeper liability' from a PE non-POFA type PCN, followed by the template point about the appellant not being shown to be the individual liable (then unclear signs, landowner authority, and if applicable, no grace periods allowed, etc.,).
    But even after searching terms 'parkingeye gym' , i cannot find the actual template i am supposed to be using? any help would be appreciated.
    • Umkomaas
    • By Umkomaas 13th Jul 18, 9:55 AM
    • 18,354 Posts
    • 29,045 Thanks
    Umkomaas
    You'll find it in the NEWBIES FAQ sticky, post #3 - a template appeal point for 'No Keeper Liability'. It won't mention PE or Gym, but it's a standard cover-all for most situations.

    You can adapt it to suit your circumstances, but it is vitally important that in any adaptation, the identity of the driver is not inadvertently revealed. .

    POPLA pick up on any such slips, then your Golden Ticket loses all of its sparkle!
    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.
    • havingalook123
    • By havingalook123 16th Jul 18, 1:17 PM
    • 14 Posts
    • 0 Thanks
    havingalook123
    You'll find it in the NEWBIES FAQ sticky, post #3 - a template appeal point for 'No Keeper Liability'. It won't mention PE or Gym, but it's a standard cover-all for most situations.

    You can adapt it to suit your circumstances, but it is vitally important that in any adaptation, the identity of the driver is not inadvertently revealed. .

    POPLA pick up on any such slips, then your Golden Ticket loses all of its sparkle!
    Originally posted by Umkomaas
    Is this the correct template?

    A compliant Notice to Keeper was never served - no Keeper Liability can apply.

    This operator has not fulfilled the 'second condition' for keeper liability as defined in Schedule 4 and as a result, they have no lawful authority to pursue any parking charge from myself, as a registered keeper appellant. There is no discretion on this matter. If Schedule 4 mandatory documents are not served at all, or in time (or if the document omits any prescribed wording) then keeper liability simply does not apply.

    The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:

    ''Right to claim unpaid parking charges from keeper of vehicle:
    4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if

    (a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;

    *Conditions that must be met for purposes of paragraph 4:
    6(1) 'The second condition is that the creditor (or a person acting for or on behalf of the creditor) - (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8. This is re-iterated further 'If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.'

    The NTK must have been delivered to the registered keeper's address within the 'relevant period' which is highlighted as a total of 56 days beginning with the day after that on which any notice to driver was given. As this operator has evidently failed to serve a NTK, not only have they chosen to flout the strict requirements set out in PoFA 2012, but they have consequently failed to meet the second condition for keeper liability. Clearly I cannot be held liable to pay this charge as the mandatory series of parking charge documents were not properly given.
    • KeithP
    • By KeithP 16th Jul 18, 3:00 PM
    • 8,038 Posts
    • 7,900 Thanks
    KeithP
    Is this the correct template?

    A compliant Notice to Keeper was never served - no Keeper Liability can apply.
    Originally posted by havingalook123
    Do you really need to answer that question?

    You were told what to look for and where.

    Did you find what you were looking for?
    If yes - end of story.
    If no - please say so.
    .
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