Parking Eye PCN - Leicester Premier Inn - County Court Claim Received

[Kar0t]

Hi,

Stayed at the Premier Inn - Leicester City Centre. There is a machine in the hotel where you enter your registration which I did. There is designated spots where to park in the car park which I adhered to. I received a PCN from Parking Eye after my stay which I challenged with the hotel and said you need to speak to the parking company to appeal. I didn’t action this.

From then I have received various letters regarding which I have ignored, finally culminating in a letter for a small claims. I have completed the MCOL and want to request some advise of how to defend myself against the parking charge. What next step would you advise.

MCOL issue date was 29/07/19 and I defended claim in full doing an Acknowledgement of Service today (11/08/19)

Thanks in advance. No thanks to the incompetent staff at Premier Inn who I tried to cancel the ticket with with no joy.

[ostell]

So get on to head office of Premier and complain. Bad reviews online quite often get a response.

Post up a redacted copy of the PCN and possibly the signs.

was this a hire car by any chance?

[Kar0t]

Hi Ostell,
Not a hire car but haven’t disclosed the identity of the driver to Parking Eye. Redacted PCN attached.

[ostell]

Looks like a golden ticket so far. Post up the reverse as well please

[Kar0t]

Hi reverse page attached

[ostell]

They haven't mentioned The Protection of Freedoms Act on the back so they know they have failed and can't hold the keeper liable.

The have failed go deliver the Notice to Keeper within the relevant period of 14 days and therefore they cannot transfer liability from the unknown driver to the keeper. If you hunt round you will find an appeal that covers tha point, several under my user's.

post up here first for critique before you send

[Kar0t]

Apologies this page was included too. Does the above post still apply where -

— failed to mention Protection of Freedoms Act
- failed go deliver the Notice to Keeper within 7 days

if so I will pen the response and upload for critique. Thanks in advance

[ostell]

Here's the appropriate appeal:

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 free certificate of posting from a post office.

[Kar0t]

Hi Ostell,

Many thanks for your help with this. I was writing my defence and checked the Claim Form I received for detailing my response to Parking Eye.

In the particulars of claim it does state schedule 4 and the Protection of Freedoms Act. Does the above defence letter still stand? I have attached a redacted claim form for reference.

[ostell]

Sorry, scan read and it didn't register 5gat it was a claim.

You have acknowledged so 33 days from date of issue fo get your defence to the court.

Find suitable defence in other posts and modify to suit. Post here for critique before you send.. First is lack of POFA compliance to hold the keeper liable then basically the driver completed the required screen and complied with all the conditions

[Kar0t]

Please read the below and critique as possible:

PCN Referencexxxx
PCN Issue Datexxxx

Dear Sir / Madam,

I am writing to appeal the above PCN sent to me as the registered keeper of the above vehicle, I was not the driver of the vehicle at the time of the alleged infringement.

The driver completed the required information at the hotel reception to comply with the parking terms and conditions. There may have been an issue with the system as this has not registered hence receiving the PCN. The driver parked in the correct designated bays.

As you do not appear to have identified the driver at the time of the alleged infringement, it is assumed that your company intends to rely on the keeper liability provisions of the Protection of Freedoms Act 2012 (PoFA).

Schedule 4 Paragraphs 8 & 9 of the PoFA stipulate the mandatory information that must be included in a Notice to Keeper (NTK), in order for it to be valid. Amongst many other requirements, it stipulates that the NTK must:

● Advise that the driver is responsible for the parking charge and the amount, and that it has not been paid in full

Unfortunately, your company has failed to provide the above information on the NTK and therefore it fails to meet the requirements of Paragraph 6 Schedule 4 of the PoFA in establishing keeper liability.

As you have failed to establish keeper liability under the PoFA, I will not be making any payment in respect of this PCN. Your alleged contract is with the driver of the vehicle at the time of the alleged infringement, and I am afraid that I am unable to assist you with identifying the driver on the specified date and time.

Please ensure that your reply includes a notice of cancellation of the above PCN.

I also require you to cease processing my personal data, remove it from your database and not to contact me regarding this matter other than to confirm the same.

... would the above suffice?

[Kar0t]

Hi Ostell,

have managed to review the defence letter above. Any changes required?

[ostell]

That is not a defence. Hunt through the forum fro examples of a defence and rewrite yours.

As there was not a windscreen ticket then forget paragraph 8.

The NTK is never invalid, it just does not comply with POFA to hold the keeper liable.