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  • FIRST POST
    • pinkcheshirecat
    • By pinkcheshirecat 16th Apr 19, 8:03 PM
    • 105Posts
    • 216Thanks
    pinkcheshirecat
    POPLA APPEAL ParkingEye Lease Car Timeline for Notice to Hirer
    • #1
    • 16th Apr 19, 8:03 PM
    POPLA APPEAL ParkingEye Lease Car Timeline for Notice to Hirer 16th Apr 19 at 8:03 PM
    Hi,

    Iím almost at the point where Iím ready to submit my POPLA appeal and I believe I have a number of winning points, but in an effort to ensure that every i is dotted and every t crossed and to tie ParkingEye up in admin.....

    I have a query:

    Is there a timescale for notice to Hirer to be served?

    Currently- date of alleged contravention 29/11/18

    Initial NTK received by Lease Co : 10/12/18 (Issued 6/12/18)

    Parking eye Letter to Lease Co alleging their liability under POFA received by lease co 13/2/19 (issued 8/2/19 )

    Lease co say they supplied info to Parking Eye again after this ( Lease co inform me that they originally supplied the hirer info in December, but clearly it has gone Ďastrayí )

    Notice to Hirer issued 6/3/19 and supplied to me as keeper by my company.

    Appeal to Parking Eye was refused and POPLA code issued.

    I can find lots where the NTK was late.... but nothing on the issue of notice to Hirer.


    Thank you!
Page 1
    • MistyZ
    • By MistyZ 16th Apr 19, 9:34 PM
    • 445 Posts
    • 805 Thanks
    MistyZ
    • #2
    • 16th Apr 19, 9:34 PM
    • #2
    • 16th Apr 19, 9:34 PM
    In the hire car section of the Newbies' thread, examples of successful first appeals are preceded by these words:

    'These examples relate to a situation where the PPC has (pretty much ALWAYS!) failed to send the required documents to the hirer (you) with the postal Notice, by day 21 after the date they were informed of the hirer's details'

    I read that as meaning even if they do somehow manage to send copies of the hire documents to the hirer more than 21 days after receiving them from the hire company, then they're in breach of POFA.

    So did the Notice to Hirer include copies of the hire documents?

    I don't know if it's 'acceptable' for the PPC to lose hire docs, re-apply for them from the hire company and then re-set the clock .... but if that's what you're saying happened, then do you know the second date on which the lease company supplied any documents to the PPC?
    • Redx
    • By Redx 16th Apr 19, 10:46 PM
    • 22,219 Posts
    • 28,085 Thanks
    Redx
    • #3
    • 16th Apr 19, 10:46 PM
    • #3
    • 16th Apr 19, 10:46 PM
    read the advice by member EDNA BASHER at the bottom of post #1 of the NEWBIES thread, plus any of his posts as well by clicking on his name and select show posts


    also read the appropriate section in POFA , which gives the timelines for keeper liability
    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
    • The Deep
    • By The Deep 17th Apr 19, 8:22 AM
    • 12,626 Posts
    • 12,839 Thanks
    The Deep
    • #4
    • 17th Apr 19, 8:22 AM
    • #4
    • 17th Apr 19, 8:22 AM
    Parking Eye signs leave much to be desired and, imo, are unlikely to be considered by a judge to be suitable to form a contract. Read this

    https://forums.moneysavingexpert.com/showthread.php?t=5972164

    and complain to your MP, they are very familiar with th |MO of these scammers.

    On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • pinkcheshirecat
    • By pinkcheshirecat 17th Apr 19, 10:47 AM
    • 105 Posts
    • 216 Thanks
    pinkcheshirecat
    • #5
    • 17th Apr 19, 10:47 AM
    • #5
    • 17th Apr 19, 10:47 AM
    Thanks All,

    They failed to provide the documents, but am following a throw in all but the kitchen sink approach. I'm on point 4 and may add point 5 - signage......


    It's such a pointless waste of everyones' time. The issue is I suppose, once they stop this scam..... they'll just find another one.......
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