Parking Eye Ticket

[ostell]

Yes you can use that addition you suggested, suitably amended of course, to get PE to provided their contract.

[grant007]

Hi again Ostell, Many thanks for your previuos reply and apologies for the delay in replying..I wonder if you could just cast your eye over the proposed reply I am going to send?..is there anything you can suggest that I may need to change or remove do you think please? Obviously I realsie the font isn't all the same but I thought I would leave as is for the mo for ease of at a glance/remove..thank you again for all your help so far Ostell.G

Dear POPLA Assessor,
I am the registered keeper of vehicle registration XXXX XXX
I 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 a credit 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, I the keeper 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

So 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
Parking-Eye have failed to identify the driver at the time. To successfully transfer liability from the driver to me, the keeper, Parking-Eye 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.
============
2/ Authority
Parking-Eye 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.
Parking-Eye 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.
Parking-Eye 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 Parking-Eye 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 Parking-Eye 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 Parking-Eye to cancel the PCN.
Yours faithfully,
>>>

[ostell]

That should do

[grant007]

That should do

Ok Ostell, thank you, I will get that sent and let you know when they get back to me..Many thanks Ostell..Kindness always..G.

[grant007]

Hi Ostell , When I go to Popla to appeal I am sure it will give me different options on the grounds of Appeal, I was not the driver of the vehicle and I believe it will ask me to provide signed authority of the driver to continue the appeal..does this sound correct as I cannot get the driver to supply with that.

[ostell]

POPLA should not be asking g you that

[grant007]

POPLA should not be asking g you that

Ok, many thanks Ostell, chose another option and appeal in now..I'll keep you posted Ostell..thank you again for your help and assistance

[grant007]

Good afternoon Ostell
I submitted all what we decided to Popla, they have now put all of comments up also received the terms of contract and some-other info/response from P.E, they have given me the opportunity to add any comments onto a section headed "Operators evidence Comments" do you want me post up the response from Parking eye?..It basically has the contract between PE and the Hotel that owns the car-park and also a list showing that other people paid, but the driver was unable to pay as the driver only had a credit card and the payment machine (although saying you could use a credit card) had the facility blanked off, the driver didn't have a smart phone and didn't have any change to be able to pay, there are/were no kiosks locally to get any change and the hotel was closed due to covid,..What would you like to see posted up here I will do that, or what do you think you can advise to write in the "Operators Evidence Comments" please Ostell?..Thank you as always.
P.S the original reply I sent into P.E after receiving the ticket and before I came here for help was worded as I parked there, I tried to etc and that is also in the list of things that P.E have as part of the info

[grant007]

Hi Ostell..I have just realised to myself that the "operators Evidence comments" would be the driver not the keeper, so do you feel I should ask the driver and then write his comments in that section or do you feel I should leave that section empty please?..I have 5days before time lapses for me to write anything in there..can you advise anything for me that may help please?..Thank you Ostell..As always..G.

[ostell]

If you disagree with a statement of theirs then say why you disagree. If they have not commented on your statements about no liability point this out to POPLA and say that PE must have agreed with your statement.

Do not identify the driver

[grant007]

Ostell, I am not great with all the wording as I find it a little confusing, Can you cast your eye over their Statement for me please Ostell and see if you can see anything about the Liability point please for me..I am sorry for my numptyness >>>
>>> ( I am trying to post up their comment but having a couple of issues, the forum thinks I am trying to post spam, so I will try it on the post below)

[grant007]

Ostell, I have retracted all the standard blurb about ANPR and the court cases previously that were test cases and only pasted below the other comments from their statement, please can you just cast your eye over it for me please? >>>
>>
Rules and Conditions
This site is a 2-hour free stay car park for hotel patrons, after this time parking tariffs apply, parking tariffs apply to non-hotel patrons as clearly stated on the signage (enclosed). We have included a signage plan showing that there are signs situated at the entrance, exit and throughout the car park displaying the terms and conditions of the site.

The facility to pay by phone is also available at this site on the provision of the vehicle registration and payment card detail.

Please see below information relating to the payment options on site:

Payment Options: Payment Machines, Reception and PayByPhone
Number of Paid Parking Machines: 2
Number of Paid Parking Terminals: 4

Authority
We can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).

It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ourselves and the motorist will be enforceable by us as a party to that contract.

Additional Information
We ensure that all our signage is clear, ample, and in keeping with the British Parking Association (BPA)

Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012.

[grant007]

Here is their contract with the hotel on here >>>
>>>

[grant007]

Ostell..It doesn't seem like they have commented on the "no liability" part does it?, so therefore if that is the case, as you said previously then I can say that to POPLA, so should I say " I was not the driver and therefore I have no liability with this PCN fine" ?..if so is there anything else you feel I should add in the comments please Ostell as there were more points about Freedom act and other points etc? Should I also mention there was no Credit Card facility to make payment, although I have already written that on my previous comments when I lodged the appeal with Popla.

[grant007]

Ostell, sorry to keep on asking, is there anything you can see that I have written that you feel is wrong?..I hope I haven't upset you by harping on