Parking Eye response timescales

[deedee83]

Hello,
My husband received a parking charge from this company at the start of January, he sent a letter back saying he wasn't parking he was picking myself and our baby daughter up from the premises involved. We hadn't seen any signage at the time. The time on the car park was less than 20 minutes. Anyway, after receiving a response within 14 days asking my husband to provide further information (?) we then didn't hear anything until today! Appeal has been rejected. I was under the impression these companies had 35 days to respond as stated on the POPLA website. However the letter received today states that the clause this refers to has been amended and hence doesn't apply. Can anyone advise specifically about this clause? Many thanks in advance.

[labman]

Re: Parking Eye response timescales

I've just taken this from the POPLA website, but can't see the limit you state. Have I missed it, or have they changed it?

The decision

The Assessor will consider all the evidence presented by you and by the operator.
We aim to send out the decision to the parties on the working day following the Assessor deciding your appeal.

[deedee83]

Re: Parking Eye response timescales

It's under 'I've received a parking charge notice' then the subheading 'making representations'.

From the POPLA website:

Decide whether to accept or reject the representations;Within 35 days of receiving the representations, accept or reject it and inform the maker.If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.

[michael]

Re: Parking Eye response timescales

I assume your talking about your initial appeal to the PPC, not to POPLA.

The BPA code of Practice says:

22.8 You must acknowledge or reply to the challenge within
14 days of receiving it. If at first you only acknowledge
the challenge, you must accept or reject the challenge in
writing within 35 days of receiving it. We may require you
to show that you are keeping to these targets.

http://www.britishparking.co.uk/writ..._March2013.pdf

Have PE sent you a POPLA code?

[deedee83]

Re: Parking Eye response timescales

Yes the appeal to Parking Eye. Yes they've sent a POPLA code. Does the fact that their response has taken 5 months make this null and void? Or is what is stated on the POPLA website out of date? Thanks.

[michael]

Re: Parking Eye response timescales

I'd appeal to POPLA (Cost to PE: 27.40+VAT) quoting both the POPLA website and the BPA CoP (which is a new version published last March) PE can't just unilaterally change procedures for their convenience.

However the letter received today states that the clause this refers to has been amended and hence doesn't apply.

I'd be interested in the exact wording or post a scan minus personal info.

Separately I'd challenge PE to produce source of the amended clause and the date it came into effect.

[labman]

Re: Parking Eye response timescales

I'd appeal to POPLA (Cost to PE: 27.40+VAT) quoting both the POPLA website and the BPA CoP (which is a new version published last March) PE can't just unilaterally change procedures for their convenience.



I'd be interested in the exact wording or post a scan minus personal info.

Separately I'd challenge PE to produce source of the amended clause and the date it came into effect.

Hear! Hear! A redacted copy of the letter would be great.

[deedee83]

Re: Parking Eye response timescales

Sounds like a plan. I'll post a scan of the letter or quote from it later, haven't got it to hand at the moment. Thank you for your help so far :-)

[deedee83]

Re: Parking Eye response timescales

I can't seem to get an image uploaded, but the exact wording (under FAQ) is:

ParkingEye must accept or reject my appeal within 35 days?

The clause to which this argument refers has been amended and will be made accessible to the general public in due course. ParkingEye will not be penalised for failing to accept or reject an appeal within 35 days.

[labman]

Re: Parking Eye response timescales

How very convenient!

[deedee83]

Re: Parking Eye response timescales

I've also just sent an email to the BPA to ask about this supposed change. My husband is all for ignoring it, especially given that officially we're no longer at the address they are sending letters to, but I am concerned this won't stop them possibly pursuing it to small claims court.

[labman]

Re: Parking Eye response timescales

I would have thought the delay of 5 months would give you a very strong defence. Whatever they say Page 14 22.8 of the new CoP (attached) sets out the 35 days very clearly still.

[CleverClogs]

Re: Parking Eye response timescales

How very convenient!

It is - of course - utter nonsense.

Not only could the revised clause not form part of any contract until all parties thereto had been notified, only a court can revise a contract retrospectively - and even then only in a very few circumstances.