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  • FIRST POST
    • DEKS36
    • By DEKS36 11th Jul 18, 12:24 PM
    • 9Posts
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    DEKS36
    Mayflower terminal short stay
    • #1
    • 11th Jul 18, 12:24 PM
    Mayflower terminal short stay 11th Jul 18 at 12:24 PM
    just received a parking charge from Parking eye issued to one of my vehicles that visited the short stay but didn't buy a ticket. Driver tells me the machine wasn't working but have no evidence to back this up. Ive also not been to the site myself but advised they do have pay online option.

    The thing here is the offence was on 28/5/18
    and Ive received this notice today 11/7/18 date of issue was 7/7/18

    can i challenge this and how should I thanks in advance
Page 1
    • Fruitcake
    • By Fruitcake 11th Jul 18, 12:30 PM
    • 37,385 Posts
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    Fruitcake
    • #2
    • 11th Jul 18, 12:30 PM
    • #2
    • 11th Jul 18, 12:30 PM
    Start by reading the sticky thread for NEWBIES that you missed when you clicked on the New Thread button.

    This tells you how to deal with this scam and has a ready made template appeal for you to send from The Keeper.

    If there was no windscreen ticket then you can carefully add a line, without revealing the driver's identity, that the NTK is too late to meet the POFA requirements, so there can be no keeper liability. They should therefore FRO and contact the drive, who of course will not be named.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • DEKS36
    • By DEKS36 11th Jul 18, 12:44 PM
    • 9 Posts
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    DEKS36
    • #3
    • 11th Jul 18, 12:44 PM
    • #3
    • 11th Jul 18, 12:44 PM
    I did read sticky but must have missed it. will go read again many apologies
    • Umkomaas
    • By Umkomaas 11th Jul 18, 12:52 PM
    • 19,388 Posts
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    Umkomaas
    • #4
    • 11th Jul 18, 12:52 PM
    • #4
    • 11th Jul 18, 12:52 PM
    issued to one of my vehicles
    Company vehicle?

    Is this a lease vehicle where PE have first communicated with the lease company, then referred on to you?
    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.
    • DEKS36
    • By DEKS36 11th Jul 18, 12:57 PM
    • 9 Posts
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    DEKS36
    • #5
    • 11th Jul 18, 12:57 PM
    • #5
    • 11th Jul 18, 12:57 PM
    no I run a taxi business one of my drivers was using the vehicle on the date in question
    today is the first letter received in respect of the offence the vehicle is registered to myself
    • Umkomaas
    • By Umkomaas 11th Jul 18, 1:03 PM
    • 19,388 Posts
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    Umkomaas
    • #6
    • 11th Jul 18, 1:03 PM
    • #6
    • 11th Jul 18, 1:03 PM
    You seem to have received a 'Golden Ticket' from ParkingEye which means they can't hold the registered keeper liable (because they have failed to serve the NtK in time).

    Please check your NtK - does it make any mention of the Protection of Freedoms Act 2012 and include a paragraph with words 'If after 29 days ....' (on the reverse of the letter).

    Do a forum search on 'Golden Ticket' and read how they are dealt with. Do not identify the driver to PE, you handle this as the registered keeper.

    HOW TO USE THE FORUM SEARCH FUNCTION:

    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.
    • DEKS36
    • By DEKS36 11th Jul 18, 1:07 PM
    • 9 Posts
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    DEKS36
    • #7
    • 11th Jul 18, 1:07 PM
    • #7
    • 11th Jul 18, 1:07 PM
    You seem to have received a 'Golden Ticket' from ParkingEye which means they can't hold the registered keeper liable (because they have failed to serve the NtK in time).

    Please check your NtK - does it make any mention of the Protection of Freedoms Act 2012 and include a paragraph with words 'If after 29 days ....' (on the reverse of the letter).

    Do a forum search on 'Golden Ticket' and read how they are dealt with. Do not identify the driver to PE, you handle this as the registered keeper.
    Originally posted by Umkomaas
    it makes no reference to protection of freedoms act 2012 it does however claim to have originally written to the registered keeper as held by DVLA and they have informed them I was responsible.. strange really as I am the registered keeper and have been since June 2016 and I have not received any communication from them
    • Umkomaas
    • By Umkomaas 11th Jul 18, 1:15 PM
    • 19,388 Posts
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    Umkomaas
    • #8
    • 11th Jul 18, 1:15 PM
    • #8
    • 11th Jul 18, 1:15 PM
    it makes no reference to protection of freedoms act 2012
    So that's a tacit acceptance by PE that they cannot legally hold the RK liable.

    Get your initial appeal off to them (NEWBIES FAQ sticky, post #1 template), then in a few weeks time get this killed off at POPLA (NEWBIES FAQ sticky, post #3 covers POPLA).
    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.
    • DEKS36
    • By DEKS36 11th Jul 18, 1:19 PM
    • 9 Posts
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    DEKS36
    • #9
    • 11th Jul 18, 1:19 PM
    • #9
    • 11th Jul 18, 1:19 PM
    So that's a tacit acceptance by PE that they cannot legally hold the RK liable.

    Get your initial appeal off to them (NEWBIES FAQ sticky, post #1 template), then in a few weeks time get this killed off at POPLA (NEWBIES FAQ sticky, post #3 covers POPLA).
    Originally posted by Umkomaas
    THANKS APPEAL done
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 1:20 AM
    • 61,458 Posts
    • 74,346 Thanks
    Coupon-mad
    it makes no reference to protection of freedoms act 2012 it does however claim to have originally written to the registered keeper as held by DVLA and they have informed them I was responsible.. strange really as I am the registered keeper and have been since June 2016 and I have not received any communication from them
    Originally posted by DEKS36
    It's not a leased vehicle then, which the dates/delay and words on the letter point towards?
    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.

    • DEKS36
    • By DEKS36 18th Jul 18, 11:56 AM
    • 9 Posts
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    DEKS36
    It's not a leased vehicle then, which the dates/delay and words on the letter point towards?
    Originally posted by Coupon-mad
    sorry I don't understand the question
    • DEKS36
    • By DEKS36 18th Jul 18, 11:57 AM
    • 9 Posts
    • 0 Thanks
    DEKS36
    had my appeal turned down by PE no surprise there.

    before I submit my appeal to popla does this sound acceptable

    The land is not 'relevant land' for the purposes of the Protection of Freedoms Act 2012 ("POFA") T, by virtue of paragraph 3(1)(c) of Schedule 4 of POFA, the Operator has no right to recover under POFA. There are previous cases where Popla have decided on this and agreed there is no right to recover from the registered keeper.Therefore there is no keeper liability. the signs as unclear/ not enough of them/acres of small text/ mounted so high you can't read without a telescope - fail to meet the requirements of the BPA Code of Practice Para 18.3 Require that they produce photos of the signs as visible under the lighting conditions at the time Signs do not state that ANPR is used to calculate the period of parking and that it includes the time before finding a parking space and leaving afterward. Even if a contract existed, this is a unilateral and retrospective variation of its terms. I require proof that their contract grants them the authority to pursue charges to court in accordance with the BPA Code of Practice Para 7.2 A witness statement must be signed by the landowner in accordance with the BPA Code of Practice 22.16b. There is no evidence to show the vehicle was parked for the time claimed to be in the car park. The date of event is recorded as 28/5/18 the date the letter to me as the registered keeper was issued 7/7/18 and in it Parking eye claim to have originally written to the registered keeper who informed them I was liable.. FACT I am the registered keeper of this vehicle and have been since 27/6/16 though I was not the driver on the date in question. so their statement is a Lie and they have made no attempt to address the registered keeper before 7/7/18. So apart from the POFA 2012 RULING and the recent case where a judge upheld that
    • twhitehousescat
    • By twhitehousescat 18th Jul 18, 12:05 PM
    • 1,772 Posts
    • 2,237 Thanks
    twhitehousescat
    sorry I don't understand the question
    Originally posted by DEKS36
    do YOU have the V5 , is the v5 in YOUR name

    why are PE saying that they got different details from DVLA ?
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • DEKS36
    • By DEKS36 18th Jul 18, 3:58 PM
    • 9 Posts
    • 0 Thanks
    DEKS36
    do YOU have the V5 , is the v5 in YOUR name

    why are PE saying that they got different details from DVLA ?
    Originally posted by twhitehousescat
    yes I have V5 in my name and have had since June 2016.
    I assume they claim to have got different details and was told i was responsible by the registered keeper because they are 1 late with issue 2 stupid and 3 haven't actually bothered to look or find out facts
    • nigelbb
    • By nigelbb 19th Jul 18, 11:13 AM
    • 2,025 Posts
    • 2,818 Thanks
    nigelbb
    That appeal is a jumbled mess. You have a golden ticket. You just need to lead on the fact that you are the registered keeper but not the driver & that you cannot be held liable for the parking charge as PE have not complied with POFA 2012 as the NTK was way out of time. Any other details will just confuse the dim POPLA adjudicator.
    • DEKS36
    • By DEKS36 19th Jul 18, 12:11 PM
    • 9 Posts
    • 0 Thanks
    DEKS36
    thanks, admit it was jumbled mess. not good with compiling such letters just copied what I could find around the internet.. probably now to my detriment
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