Help with Parking Eye please

[Georgie15]

Hi sorry if this post is in the wrong place but could someone tell me about the 14 day time limit for a parking charge to be issued. The registered keeper received a charge (which has since been to court) but I believe it to be out of date. The date of event is 15/10 /16 The date issued is 02/11/16. There is also another one.... The date of event is 26/10/16 The date issued is 02/11/16
They are both dated 11/11/16. They were both received at the end of November way after the parking offences were committed at Holiday Inn. I have photos but I cannot find where to upload them. Please can I have some help as the registered keeper (my son) who has mental health disabilities and was in receipt of DLA at the time went off of the rails and is now in prison and I have been left to deal with things. Thank you

[mystery1]

Re: Help with Parking Eye please

This only applies if they are chasing the registered keeper or keeper and do not know the identity of the driver.


As it is parking eye i'll assume it's an anpr ticket (ie posted out)

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

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



9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.



(4)The notice must be given by—

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.


My signature has all the details for uploading pictures.

M1

[Georgie15]

Re: Help with Parking Eye please

Hi these are the dates. I presume that it is actually out of date and cannot be collected although it has already been to court?
Thank you

[mystery1]

Re: Help with Parking Eye please

Hi these are the dates. I presume that it is actually out of date and cannot be collected although it has already been to court?
Thank you

Well unless they find out who was driving that ticket is a guaranteed win at popla when we get there. The other one we might win.

http://legalbeagles.info/forums/show...ket-on-vehicle

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1.....I have no idea what POPLA is but I've submitted the Defence and attached it.

Again thanks so much for your help- Ive been left to deal with this amongst other things which will probably appear on a different thread.

Regards

G15


anonymised attachment xx

[mystery1]

Re: Help with Parking Eye please

This is a court claim ?

M1

[Georgie15]

Re: Help with Parking Eye please

Yes. I dont think Ive explained properly sorry. 2 parking charge REMINDERS were received on 03/12/16 which were ignored then a letter for the one dated 15/10/16 (issued on 02/11/16) saying it was going to court which it did. I have just submitted the defence as above (I have also realised I left all the personal details in the PDF if you could remove them please) because there is an 18 day gap instead of 14 days until the date issued 02/11/16. The driver has never been disclosed to ParkingEye. Another letter for the other one dated 26/10/16 and issued also on 02/11/16 has been received saying it is being taken to court. The registered keeper has been in prison since November 2016.

I have removed personal details from the 2 attachments.

Thank you for all your help

[mystery1]

Re: Help with Parking Eye please

Please tell me you haven't sent that defence ?

M1

[Georgie15]

Re: Help with Parking Eye please

Yes I have....is it terribly wrong?

[mystery1]

Re: Help with Parking Eye please

It could do with improvement. How did you send it ? (by post hopefully)

M1

[Georgie15]

Re: Help with Parking Eye please

No I sent it online. Ive been left to try and deal with these 2 charges amongst other stuff and Im struggling - the irony is I used to cancel Parking Eye charges all the time where I used to work as they were in our car park so I know that the landowners can cancel them easily!

[mystery1]

Re: Help with Parking Eye please

I take it Holiday Inn said no then ? (management obviously) If so try their social media.

As for the defence,

https://www.justice.gov.uk/courts/pr...l/rules/part17

Amendments to statements of case
17.1
(1) A party may amend his statement of case at any time before it has been served on any other party.

There is no way parking eye have been served yet. Call the court and ask if they can scrap what you have sent (in the morning obviously). If not email enforcement@parkingeye.co.uk and advise that you will be amending the defence entered erroneously.

Can you sanitise and post the claim form, pcns and any other stuff like signs you may have ? Try and bolster this for you.

Or email [MENTION=49370]Kati[/MENTION]

M1

[Georgie15]

Re: Help with Parking Eye please

Hi
Yes I will call the court in the morning and try to cancel what I have submitted online. Do I tell the court that the registered keeper is in prison and I am dealing with this? Im not sure what you mean by 'sanitise' the claim form? but I can photocopy the Parking Charge Notice Reminder and post that to them. Is there a case because of the more than 14 days between the dates ie date of event being 15/10/16 and date issued being 02/11/16 and lastly is it worth changing the car registration into my name although someone has said not to bother as my son was the registered keeper at the date of the 'offence'
As I said no actual charge was received just the reminder and both were received on 3/12/16 more than a month after the date of issue.

Thank you for all your help

[mystery1]

Re: Help with Parking Eye please

Sanitise = take the personal info off of it. (and barcodes passwords etc).

Do I tell the court that the registered keeper is in prison and I am dealing with this?

Tricky one. You might need a written consent to do so, i guess it depends who you get on the phone. He certainly needs to be in court in person (if a lay representative such as yourself is to deal with it) although there is the option of a paperwork only hearing or a solicitor (but the cost isn't worth it usually).

When i say post, i mean on here so i can see it and offer better help.

M1

[Georgie15]

Re: Help with Parking Eye please

Good Morning M1

I have spoken to the court and I had to tell them he was in prison as they wanted to speak to him for authorisation to speak to me and they say they cannot do anything without his written consent which will take at least 2 weeks.
What would you like me to post on here - both of the full parking charge reminders with personal details removed? You already have the defence I submitted online?
Should I email ParkingEye as you said above? If so should I email as him (I have access to his emails) or myself acting on his behalf but without authorisation?
If I email [MENTION=49370]Kati[/MENTION] what am I emailing to him/her?

Thank you