Parking Eye Ticket

[grant007]

Dear people..The keeper received a Ticket from parking eye in a car-park where the payment machine offered the option of using a credit card on the payments options but the card payment facility itself was blanked off and there was no way of paying with your card. The Driver did not have their phone with them and the hotel there (that the car-park obviously belongs to) was closed, it was during the covid pandemic. One of the payment options was to pay at the reception of the hotel, The driver then walked to a near-by cafe to try to get some change but that was also closed, there was nothing else in the area of walking distance, there were many people queuing at this machine and everyone was confused of how to pay, So, the keeper has appealed the ticket to parking-eye but got back a letter saying the Driver did not make payment so the fine still applies, in the letter it says the keeper can appeal to POPLA..is that the best thing to do please or should the keeper go to the ombudsman?, but in the parking eye letter it says this >> By law we are also required to inform you that Ombudsman Services (www.ombudsmanservices.
org/) provides an alternative dispute resolution service that would be competent
to deal with your appeal. However, we have not chosen to participate in their alternative
dispute resolution service. As such should you wish to appeal then you must do so to
POPLA, as explained above.
The keeper is annoyed about this as the driver just wanted to just pay for the parking but there was not a way they could, even if they had just driven out the keeper still would have got the fine because they had entered the car park so the keeper was scuppered from every angle really..Can anyone advice me please..Thank you so much in advance...(;-))

[ostell]

Did the driver stay past the time they were attempting to pay or did they leave.

post up a redacted copy of the PCN, but leave dates

[grant007]

Did the driver stay past the time you were attempting to pay or did they leave.

post up a redacted copy of the PCN, but leave dates

Hi Ostell..many thanks for your reply(;-))
The driver wanted to pay for 1 hour and the driver stayed for 57 minutes and then left..here is a pic of the edited PCN..thank you again Ostell for any advice(;-))
A Jpeg pic on next post down Ostell..many thanks Ostell

[grant007]

Here it is a J.peg of the ticket both sides Ostell..thank you >>>
>>

[grant007]

Ostell..here are some pics of the machine with the Card Facility blanked off causing confusion to many of how to pay >>
>>

[ostell]

You MUST edit your posts so that the identity of the driver cannot be inferred. The driver drove, the keeper received the NTK. This includes the quotes within your posts.

Post up the reverse of the original NTK you received.

[grant007]

You MUST edit your posts so that the identity of the driver cannot be inferred. The driver drove, the keeper received the NTK. This includes the quotes within your posts.

Post up the reverse of the original NTK you received.

All done Ostell and thank you for your help so far..your help is very much appreciated

[ostell]

Not quite a correct edit. quote in #3

PE have not mentioned POFA on the reverse so they know they got it wrong

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have 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. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

First class post with a free certificate of posting from a post office.

[grant007]

Ostell..I have sorted out post #3..Thank you so much for your help and I am chuckling this end with your post #8 ..I will do that now and thank you so much again for all your help Ostell..Kindness always

[grant007]

Hi again Ostell and good Morning
Ostell I done what we suggested above and received an email in reply today with an attachment, I am away from home at the moment so I cannot scan it to attach it, but I will find a way if you need me to. When I 1st got the ticket through the post I replied to it including the pictures above and explained I had no way of making the payment that day at the car-park due to there being no card facility available, I then replied with the letter that I previously posted on the thread above, that is when I posted it here and you explained what I should do, so I did, but my point is the new reply I got today seems to be saying that they have already given me a POPLA reference and I should be appealing to them, so what should I do now Ostell please?, I have copied and pasted the wording from the PDF here below and wondered if you could possibly advise me Ostell please?..Thank you as always >>>
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Dear Sir / Madam,
Thank you for your further correspondence in relation to the Parking Charge incurred on
## March 2021 at 1#:03, at Mercure Box Hill Burford Bridge - Main car park.
After reviewing the case we can see that you have already been provided with a POPLA
reference and notification that the appeal has been rejected.
If you do not agree with this decision, then you are able to submit an appeal to POPLA
using the POPLA reference quoted at the top of this letter. Further information and
instructions of how to make an appeal can be found within the rejection notification and
via POPLA’s website www.popla.co.uk.
As you have reached the end of our internal appeals process, we kindly advise that any
further appeal points you wish to make are raised within an appeal to POPLA.
Alternatively, a payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to
Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference
number on the reverse of any cheque/postal order so the payment can be allocated.
Yours faithfully,
Parkingeye Team
====
Thank you Ostell

[ostell]

So you appeal to POPLA

[grant007]

So you appeal to POPLA

Ok Ostell, thank you, so what do write in the appeal to POPLA please? , do I write what you told to write before eg >>>
>>
Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have 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. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc? or >>
Would I need to write to POPLA telling them something like this please Ostell? >>>
>>
The keeper received a Ticket from parking eye in a car-park where the payment machine offered the option of using a credit card on the payments options but the card payment facility itself was blanked off and there was no way of paying with your card. The Driver did not have their phone with them and the hotel there (that the car-park obviously belongs to) was closed, it was during the covid pandemic. One of the payment options was to pay at the reception of the hotel, The driver then walked to a near-by cafe to try to get some change but that was also closed, there was nothing else in the area of walking distance, there were many people queuing at this machine and everyone was confused of how to pay, So, the keeper has appealed the ticket to parking-eye but got back a letter saying the Driver did not make payment so the fine still applies, in the letter it says the keeper can appeal to POPLA..
The keeper is annoyed about this as the driver just wanted to just pay for the parking but there was not a way they could, even if they had just driven out the keeper still would have got the fine because they had entered the car park so the keeper was scuppered from every angle.
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I am unsure what I should write to POPLA you see Ostell..can you advise me please?..thank you in advance Ostell

[ostell]

You write to POPLA complaining about all the POFA fails made

You question their right to operate and require they produce their contract

Have a look at POPLA appeals that are in other threads.

[grant007]

Hi again Ostell
I see you have helped this man Ben(poplar appeal) with his appeal, but he had already appealed to Civil Enforcement which I haven't done, I only appealed to parkingeye, so is it sufficient in your wise experience to write this (see below), and, could I ask if not could you possible help me adjust accordingly Ostell please?...I thank you again for spending time to help me with these poxy robbing scammers >>>
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Dear POPLA Assessor,
I am the registered keeper of vehicle registration XXXX XXX and I wish to appeal a recent parking charge number XXXXXXX using POPLA appeal code XXXXXX. My appeal was refused by Parking Eye without good valid reason being given.
I wish to bring the following points to the attention of POPLA:
1. Failure to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) to be able to transfer liability from the driver at the time to me, the registered keeper
2. No authority to issue the charge.
1) Compliance with POFA
ParkingEye have failed to identify the driver at the time. To successfully transfer liability from the driver to me, the keeper, ParkingEye must comply with the strict requirements of POFA
There are several failures to comply:
a) Failed to deliver the Notice to Keeper within the relevant period. The Parking event was on the 21/03/2021 and the issue date of the notice was 28/04/2021. This far exceeds the relevant period of 14 days required by POFA 9 (4)
b) There is no notice of keeper liability as required by 9 (2) (f), a statement that must be included
c) There is no period of parking as required by 9 (2) (a). While times have been given these are while the car was moving in front of the cameras and therefore, by definition, cannot be parking.
d) The invitation to keeper, 9 (2) (e), is not in the format mandated by the Act. The Act states: “the notice must state…..” but the required statement is not in the format specified.
============
Unsure if the section below can be applied in my case Ostell or if there is some of it I can use, but didn't know If I can use some of it by changing anything?
==========
2/ Authority
CEL does not own the car park and I dispute that they have the authority to enter contracts regarding the land or to pursue charges allegedly arising.
CEL has also not provided any evidence that it is lawfully entitled to demand money from the driver or keeper. They do not own nor have any proprietary or agency rights or assignment of title or share of the land in question. I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park they do not own, or indeed the lawful status to allege a breach of contract in their name.
CEL must provide the POPLA Adjudicator with documentary evidence in the form of a copy of the actual site agreement/contract with the landowner/occupier. Specifically, to comply with the Code of Practice, the contract needs to specifically grant CEL the right to pursue parking charges in the courts in their own name, as creditor. Please note that a 'Witness Statement' to the effect that a contract is in place between CEL and the landowner will be insufficient to provide all the required information, and will therefore be unsatisfactory.
With all this in mind, I request that my appeal is upheld and for POPLA to request CEL to cancel the PCN.
Yours faithfully,
>>>

Also Ostell, I need to include something to question their right to operate & ask about providing a contract you mentioned, So am I asking Poplar to provide that?..if so would I just word it saying>>>
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With all of the above bullet points in mind I question the right for ParkingEye to even operate, so please can you provide me with their terms of contract.
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If most of the above is correct for me to use then can I possibly ask if you could tell me what to include or remove please Ostell or what I need to re-word?
Thank you again Ostell..with my kind regards..G

[grant007]

Ostell..Can you help me? I know you must be busy and I appreciate your time immensely, any chance you can guide me with the above ^^^ please?.Many thanks in advance Ostell.With m kind regards.G