freedoms act. Parking Eye

[irritated parker]

Received a parking charge notice from Parking Eye for service station in Bristol.
I was at home that day and my car (insured for business purposes and any driver over 25) was being driven by a number of people who were away on a trip.
The contract for parking is clearly with the driver and parking eye asked me for the drivers details.
I replied and explained that I did not know who was driving at the time the car entered the car park and being helpful I asked them to send me a photo of the car so that I could identify the driver and then pass the charge onto them.
They replied and sent me a picture of what appears to be an empty car and another of the headlights and number plate with a warning that under Schedule 4 of protection of freedoms act 2012 paragraph 9 (2) (f) that if they don't know the name and current address of the driver then they have the right to recover the charge from me.
Unfortunately the picture does not help me identify the driver and clearly if I do not know who was driving at the time then I cannot give them the drivers details.
Is it right that they can pursue me for this fine. It seems rather unfair if so.

[labman]

Re: freedoms act. Parking Eye

No, it's not right, but it is lawful.

You need to write a letter to Parking Eye to appeal the Charge Notice. They will refuse, you get a POPLA code, and do a decent appeal letter to them where usually you win (I'm not aware of any cases from this site that haven't).

Literally all you need to write to Parking Eye is something like this:

Dear Parking Eye,

I wish to appeal this Parking Charge Notice as I was not the driver, and am unable to name the driver from the photograph supplied. If you do not uphold this appeal, please send me a POPLA code so I can appeal to them.

Yours sincerely,


We have an excellent Parking Charge Notice member here, and I'm sure he will be along to offer his thoughts. I suspect they'll be the same as mine.

In the mean time have a read of the stickies at the top of this section of the site. They'll give you an idea about how thorough the appeal to POPLA is.

[mystery1]

Re: freedoms act. Parking Eye

That is pretty much the easiest way to deal with it in my opinion.

M1

[irritated parker]

Re: freedoms act. Parking Eye

I had already send a reply within the time advising that I could not id driver from the photo.
Will send this reply asking for a POPLA. Not sure what that is but will look it up!
Thanks for your help.

[irritated parker]

Re: freedoms act. Parking Eye

Under the gounds for appeal section it clearly states - the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal.
What grounds of appeal will I use when and if I get my POPLA?
Thanks

[irritated parker]

Re: freedoms act. Parking Eye

Its very unfair as all of the occupants were entitled to drive the car and none of them say they can remember if they were driving at the time.
One of them is now in Australia so I am completely stuck.
What if I gave them all the occupants details and allowed them to sort it out themselves?
The charge was on 27th August, I asked them to ID the driver and they replied on 12th Sept, I appealed on 25th Sept advising I could not ID the driver from the photo.

[wales01man]

Re: freedoms act. Parking Eye

Tell em it was the one in aussie if hes there for good

[mystery1]

Re: freedoms act. Parking Eye

http://www.legalbeagles.info/forums/...-Appeal-Letter

Similar to that.

M1