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  • FIRST POST
    • saver_ali
    • By saver_ali 13th Jul 18, 6:24 PM
    • 32Posts
    • 10Thanks
    saver_ali
    Parking Eye PCN arrived after 21 days
    • #1
    • 13th Jul 18, 6:24 PM
    Parking Eye PCN arrived after 21 days 13th Jul 18 at 6:24 PM
    Hi,

    Iím helping a friend who has received a PCN from ParkingEye for going to sleep in a motorway services in Wales.

    Iíve been to the Newbies thread and found the template appeal letter, and seen that it says you can carefully add a little.

    The NTK was issued 19 days after the parking occurred, and received 21 days after, so that exceeds the 14 days permitted. Should I add anything to the template to cover this?

    e.g. ďAs the PCN was issued/received after 14 days, there is no keeper liability.Ē

    Should this go at the beginning or end?

    Iíve trawled this forum and found a couple of things, but am still not quite clear.

    Thanks.
Page 1
    • kryten3000
    • By kryten3000 13th Jul 18, 8:38 PM
    • 60 Posts
    • 120 Thanks
    kryten3000
    • #2
    • 13th Jul 18, 8:38 PM
    • #2
    • 13th Jul 18, 8:38 PM
    There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

    As your Notice to Keeper has not been delivered within the strict timescales required by the Protection of Freedoms Act 2012, there can be no keeper liability and you must therefore take the matter up directly with the driver who, as mentioned will not be identified. Your only realistic option is to cancel.

    Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
    • saver_ali
    • By saver_ali 13th Jul 18, 8:45 PM
    • 32 Posts
    • 10 Thanks
    saver_ali
    • #3
    • 13th Jul 18, 8:45 PM
    • #3
    • 13th Jul 18, 8:45 PM
    There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

    As your Notice to Keeper has not been delivered within the strict timescales required by the Protection of Freedoms Act 2012, there can be no keeper liability and you must therefore take the matter up directly with the driver who, as mentioned will not be identified. Your only realistic option is to cancel.

    Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
    Originally posted by kryten3000
    Thank you!
    • Umkomaas
    • By Umkomaas 13th Jul 18, 8:45 PM
    • 18,410 Posts
    • 29,144 Thanks
    Umkomaas
    • #4
    • 13th Jul 18, 8:45 PM
    • #4
    • 13th Jul 18, 8:45 PM
    Just confirm please that this wasn't a hire, lease or company vehicle and the registered keeper is the person who received the first postal communication from PE.
    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.
    • saver_ali
    • By saver_ali 14th Jul 18, 9:00 AM
    • 32 Posts
    • 10 Thanks
    saver_ali
    • #5
    • 14th Jul 18, 9:00 AM
    • #5
    • 14th Jul 18, 9:00 AM
    Just confirm please that this wasn't a hire, lease or company vehicle and the registered keeper is the person who received the first postal communication from PE.
    Originally posted by Umkomaas
    It was a privately owned vehicle and yes, the person who received the first postal communication from PE is the registered keeper.

    Thanks.
    • The Deep
    • By The Deep 14th Jul 18, 9:07 AM
    • 9,728 Posts
    • 9,555 Thanks
    The Deep
    • #6
    • 14th Jul 18, 9:07 AM
    • #6
    • 14th Jul 18, 9:07 AM
    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.
    • Fruitcake
    • By Fruitcake 14th Jul 18, 9:13 AM
    • 37,027 Posts
    • 83,647 Thanks
    Fruitcake
    • #7
    • 14th Jul 18, 9:13 AM
    • #7
    • 14th Jul 18, 9:13 AM
    Well done for helping your friend. You are spot on with your assumption that it is too late for keeper liability to apply. It makes the job of the regulars here so much easier when people read the NEWBIES and follow its advice before posting.
    Thank you for that.

    We call the NTK your friend has a "golden ticket" because it means your friend has proof from parking eye themselves that they have failed to meet the strict requirements of the POFA.

    Kryten is spot on with the suggested amendment.

    Both you and your friend should complain to your MP about this unregulated scam as advised by The Deep. This really is the only way that this scam will ever get stopped.
    Last edited by Fruitcake; 14-07-2018 at 9:16 AM.
    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
    • saver_ali
    • By saver_ali 14th Jul 18, 1:52 PM
    • 32 Posts
    • 10 Thanks
    saver_ali
    • #8
    • 14th Jul 18, 1:52 PM
    • #8
    • 14th Jul 18, 1:52 PM
    Thanks for your help. Yes we will complain to our MP. They are obviously hoping that people are so worried that they will pay the fine in panic. Money for old rope if you can get away with it.

    This is a great forum, and contributors are doing a great job of helping and educating people. !!!55357;!!!56832;!!!55357;!!!56832;
    • saver_ali
    • By saver_ali 16th Jul 18, 5:47 PM
    • 32 Posts
    • 10 Thanks
    saver_ali
    • #9
    • 16th Jul 18, 5:47 PM
    • #9
    • 16th Jul 18, 5:47 PM
    PE sent an email today (even though we put on the appeal that we required all communication to be by post and not email) saying that the appeal has been put on hold while they await further information from my friend.

    "You have stated that you were not the driver of the vehicle at the date and time of the breach of terms and conditions of the car park, but you have not indicated who was.

    "PE have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided."

    No mention that they exceeded the time limit for issuing the PCN.

    Is this just their standard approach? Does he just wait for the rejection and then appeal to POPLA?

    Many thanks.
    • Redx
    • By Redx 16th Jul 18, 5:49 PM
    • 18,525 Posts
    • 23,450 Thanks
    Redx
    correct , a standard approach hoping that the drivers details will be divulged by a keeper who has no knowledge about this sc@m industry and can be suckered into blabbing


    wait for the rejection and popla code - definitely


    do not engage with them as yet


    they failed POFA2012 so as keeper you are on a "golden ticket" , as we say in these parts
    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
    • twhitehousescat
    • By twhitehousescat 16th Jul 18, 5:50 PM
    • 1,583 Posts
    • 2,076 Thanks
    twhitehousescat
    it is not upto you or your friend to say who the driver was , the law states (POFA) that if there paperwork is correct (theres was late) they can hold your fried as driver unless they name someone

    sit back and await popla code , use it wizly
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • saver_ali
    • By saver_ali 16th Jul 18, 6:01 PM
    • 32 Posts
    • 10 Thanks
    saver_ali
    Thank you very much Redx and Thewhitehousescat. I'll come back on here when the rejection code comes through then.
    • Coupon-mad
    • By Coupon-mad 16th Jul 18, 6:03 PM
    • 59,555 Posts
    • 72,719 Thanks
    Coupon-mad
    They might well cancel now, but if not, you will win at POPLA with this 'golden ticket'!
    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.

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