Parking Eye - Car wouldn’t start so we overstayed our welcome.

[Guest]

Hi Everyone,

So the driver parked in a car park on Aire Street, intending to stay around 45 minutes so they paid for one hour.

They came back after 50 minutes and after putting what they had come for in their car they sat in it and tried to start it, but it wouldn’t start, possibly due to the unseasonably cold weather that weekend. After a while of attempting to start it and letting it rest it came to life, they left the car park thinking nothing of it, and now they have received the parking notice provided in the image.

The system of capture on the way in and out seems really unfair as it does not account for the actual time they spent parking up, buying their ticket, getting their stuff out of the car and the same process upon return.

Any thoughts on next steps here?

thanks,
james.

[ostell]

Edit you post so that the identity of the driver cannot be inferred. Use "The driver ,,,,," etc. Also take down that photo and edit out identifying details before you repost.. This is important as the Parking companies read forums.

I presume that you are the registered keeper of the vehicle and PE have made a mistake in saying that you have been named by the registered keeper as being responsible at the time.

No matter, it is a PE golden ticket as it makes no mention of the Protection of Freedoms Act to hold the keeper liable. A simple BOGOFF response to PE.

Sirs, I am the keeper of vehicle xxxxx and have received your Parking Charge Notice xxxxx

I note that the statements required by Schedule 4 of The Protection of Freedoms Act 2012 are not present in this letter and I, as the keeper, can therefore not be held liable for the actions of the driver at the time. I have, as requested, passed on this notice to the driver but as there is no legal requirement to identify the driver I will not be doing so. I will rely on the driver to contact you separately.

I do not expect to hear from you again on this matter other than to confirm that no further action will be taken against me..

[Guest]

I presume that you are the registered keeper of the vehicle and PE have made a mistake in saying that you have been named by the registered keeper as being responsible at the time.

The driver and the registered keeper are not the same person, however the driver can be 100% certain that their identity was not disclosed by the keeper.

No matter, it is a PE golden ticket as it makes no mention of the Protection of Freedoms Act to hold the keeper liable. A simple BOGOFF response to PE.

Sirs, I am the keeper of vehicle xxxxx and have received your Parking Charge Notice xxxxx

I note that the statements required by Schedule 4 of The Protection of Freedoms Act 2012 are not present in this letter and I, as the keeper, can therefore not be held liable for the actions of the driver at the time. I have, as requested, passed on this notice to the driver but as there is no legal requirement to identify the driver I will not be doing so. I will rely on the driver to contact you separately.

I do not expect to hear from you again on this matter other than to confirm that no further action will be taken against me..

Thank you for this template, we'll contact them with the above ASAP!

Thanks again!
James

[ostell]

They will still come back with a POPLA code so that you then have to appeal to POPLA. They are just trying to wear you down so that you pay up to get rid of it.

[Guest]

You were correct - they have sent us to POPLA to appeal, could you give me an idea of what I need to tell POPLA? I imagine a rephrasing of the above statement?

Thanks again for your help

[Guest]

Anyone able to help on the above? Thanks!

[Guest]

Hi everyone,

trying to write a POPLA appeal based on the above but my research is not proving fruitful - does anyone have any advice on writing an appeal?

thanks!

[ostell]

Get out of this thread and search for POPLA appeals in other threads, particularly those in the Pepipoo private parking forums. Your first point will be that failure to comply with the rquirements of POFA and therefore no keeper liability. You will need to identify the missing items required by POFA.

[Guest]

Thanks for your help, will look into the site you mentioned after work