Parking Eye PCN (first letter) quibble... - WON

[singing rainman]

Hi I have received a letter from Parking eye on the 30/01/16 after it was issued on the 26/01/16 from an incident that occurred on 07/01/16.
I have attached a copy of the notice for advice on:-

a) Does the letter first of all comply with PoFA 2012, I personally think that it is missing some information but want another opinion.
b) Could I contest the date of issue and me receiving the letter(out of the 14 days.
c) how strong of an appeal i could make against the ticket.

Additional information that may be needed is that no driver notice was stuck to the car prior to this NTK being received.

I suspect that the letter is non compliant as I have seen other letters that contain paragraphs about Paragraph 8/9 of the PoFA 2012 regarding the registered keeper being liable if the driver does not pay and this is missing from my issue.

My apologies for another one of these posts.

I hope that I have provided sufficient information for a simple response.

Thank you for reading and you help on this matter.

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

Over 14 days. Game over (unless some daft sod tells them the drivers details!)

If i wasn't working tomorrow i'd look at the rest of it to see if i agree with you. I am working and you need no more to appeal with.

M1

[singing rainman]

Re: Parking Eye PCN (first letter) quibble...

That will be in the appeal too but Ideally wanted more evidence as it would be harder for them the counter. I guess I am being a little too over cautious.

It's OK i understand work thank you for the time you did take.

[ostell]

Re: Parking Eye PCN (first letter) quibble...

As there was no windscreen notice the section you need for compliance is Paragraph 9.

There seems to be a little bit of an anomaly hear. The data of event is given as 07/01, date issued 14/01 and Date 26/01. Take it that as having been received on the 30th then the date issued is a red herring aimed to confuse matters.

You have already found one issue with the notice, ie the 14 days. There is also no period of parking, only entry and exit from the car park which is not period of parking. Look for others required in para 9

So no POFA liabilty. On the other hand they are not claiming keeper liability, just asking for the name of the driver, which suggests that they know they are out of time for keeper liability, and hoping the keeper will be scared into paying. A letter to them, as the registered keeper, declining their request to name the driver and demand that this is the end of the matter. Wait for M1 though

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

As there was no windscreen notice the section you need for compliance is Paragraph 9.

There seems to be a little bit of an anomaly hear. The data of event is given as 07/01, date issued 14/01 and Date 26/01. Take it that as having been received on the 30th then the date issued is a red herring aimed to confuse matters.

You have already found one issue with the notice, ie the 14 days. There is also no period of parking, only entry and exit from the car park which is not period of parking. Look for others required in para 9

So no POFA liabilty. On the other hand they are not claiming keeper liability, just asking for the name of the driver, which suggests that they know they are out of time for keeper liability, and hoping the keeper will be scared into paying. A letter to them, as the registered keeper, declining their request to name the driver and demand that this is the end of the matter. Wait for M1 though

Simple appeal with this along the normal lines I use and they may just give in at first stage rather than waste £27 @popla. I'd copy and paste one but I'm out and the op has mentioned reading some anyway

M1

[singing rainman]

Re: Parking Eye PCN (first letter) quibble...

Thank you both for helping with this.

If I may ask one more question, is it worth adding detail into the appeal or just keep it too "it does not comply with aspects of PoFA" and as the registered keeper I am not passing on the drivers details."?

After this I shall rest the post unless you care to hear how it went.

Thank you (both) again it is appreciated.

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

Simple for me. Always like hearing how stuff goes.

M1

[singing rainman]

Re: Parking Eye PCN (first letter) quibble...

Ok Great simple it is. If things do go further than I can go into more detail.

In that case I will update when I hear back. but may only get to sending it tomorrow now.

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

Via their website (free)

M1

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

I'd have suggested this if i'd been on pc.

As well as appealing you should speak to the MANAGER of the store.


Dear Sirs,




I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs and was a genuine customer.




It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9.




Should you reject my appeal please supply a popla code.




Yours etc








If/when you get a popla code please let me know.








M1

[singing rainman]

Re: Parking Eye PCN (first letter) quibble...

Thank you for that I have submitted the appeal online and now play the waiting game.

When I have received information back I will update.

Rainman

[singing rainman]

Re: Parking Eye PCN (first letter) quibble...

My apologies for this late stage message.

Parking eye rejected my appeal (surprise, surprise). I received the letter on Saturday but being away I didn't have chance to check until today.

They have sent me a POPLA appeals code so now that is my next step. I hope that this one works.

Anything that I should know that will help. on this one would be greatly appreciated.

Rainman

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

Any chance you can get pics of the signs?

M1

[singing rainman]

Re: Parking Eye PCN (first letter) quibble...

There are more signs but at the moment that's the only picture I have and can get a hold of.

I think that the signage is rather clear I missed the addition of the ParkingEye one as it was only recently added and I had been parking there for over a year at various times with no problem.

[mystery1]

Re: Parking Eye PCN (first letter) quibble...

I'll do a suitable popla appeal later in the week.

M1