Parking Eye Ticket

[ostell]

Have PE made any comment on the failures of POFA? If not then respond to the PE response by pointing out that they have not denied the statements about failure to comply with POFA and therefore POPLA must assume that PE are in agreement with those statements.

For their statement "Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012." can PE identify the driver at the time [as the appellant denies they were the driver at the time] Remove the last section if not true.

[grant007]

Thank you Ostell, I have written this in the comments section, what do you think please as I haven't actually clicked "Submit" yet >>
>>
Dear POPLA.
Parking-Eye have not denied the statements about failure to comply with Protection of Freedoms Act and therefore yourselves (POPLA) can only assume that Parking-Eye are in agreement with those statements.
Please be advised that this Parking Charge was not issued under the Protection of Freedoms Act 2012. Can Parking-Eye identify the driver at the time of this incident please.
I also pointed out in my original statement regarding the POFA. Parking-Eye failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. Parking-Eye cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
With all this in mind, I request that my appeal is upheld and for yourselves,POPLA, to request Parking-Eye to cancel the Parking Fine please.
Yours faithfully.

[grant007]

Ostell..I always feel like I am hassling you..I guess I am, I have untill midnight tonight, well just before that and I need to submit as my time limit is up.. Can you cast your eye over the above post and see if you think I need to alter anything or add anything please for me and let me know?..Thank you again Ostell as always..G.

[ostell]

About not using POFA: state that PE have stated that they are not using POFA hence there can be no keeper liability but have failed to identify the driver at the time

Treat POPLA as 5 year olds who have to gave everything explained in full

[grant007]

About not using POFA: state that PE have stated that they are not using POFA hence there can be no keeper liability but have failed to identify the driver at the time

Treat POPLA as 5 year olds who have to gave everything explained in full

Many thanks Ostell, I have submitted my comments now, here they are >>>
Dear POPLA.
Parking-Eye have not denied the statements about failure to comply with Protection of Freedoms Act and therefore yourselves (POPLA) can only assume that Parking-Eye are in agreement with those statements.
Please be advised that this Parking Charge was not issued under the Protection of Freedoms Act 2012. Can Parking-Eye identify the driver at the time of this incident please.
I also pointed out in my original statement regarding the Protection Of Freedom Act. Parking Eye have stated that they are NOT using Protection Of Freedom Act, this was written by them in their correspondence to me on their first letter of correspondence, therefore there can be no keeper liability but have failed to identify the driver at the time.
Parking-Eye failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. Parking-Eye cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
With all this in mind, I request that my appeal is upheld and for yourselves,POPLA, to request Parking-Eye to cancel the Parking Fine please.
===
Lets see what happens now(;-))

[grant007]

Hi again Ostell, well I lost against Popla, the appeal was seen as unsuccessful as in the very 1st correspondence with them I said I was the driver when actually I wasn't, they based there decision on that info and not all the following correspondence when I didn't/wouldn't name the driver. I am unsure of the next step, P.E have already sent me their demand, ..is it not surely down to them to PROVE who was driving the vehicle?..Many thanks as always Ostell

[ostell]

Wait and see if they take it to court