parking eye grange road darlington

[Guest]

Dear LB

Do y9u know if anyone has any one successfully appealed one of these notices? The cost seems excessive; £100 (or £60 if paid within 14 days. The driver is claimed to have been 10 mins later than the time on the ticket)

Kind Regards

[ostell]

Edit your post so that the identity cannot be inferred. Use "the driver ........ " etc.

The driver should have a minimum of 10 minutes grace at the end of the parking period.

If you were shopping then complain to the shop. Post up the PCN, suitably redacted. Leave dates

[Brightlady]

Dear LB
I made the above -post yesterday before I realised that I could log in. You helped me successfully appeal a parking charge in the past.
Can anyone advise re the probability of my successfully appealing a parking eye fine for £100 which I have received. It woud just be on the ground that it is excessive. I can pay the reduced amount of £60 but would need to do that later today. The driver is claimed to have been was 15 minutes late and could had paid the extra before leaving the car park. Hindsight is a wonderful thing!

Not so bright lady

[Brightlady]

Dear LB

See copy of notice and ticket attached

[ostell]

There is a 10 minute MINIMUM grace period that they must apply to the time so on the face of it you cannot use that. Unless, of course, there was a traffic jam or other event delaying your exit from the car park and past the cameras.

PE put the legal stuff on the back of their notices. Can you post up the back.

[Brightlady]

There is a 10 minute MINIMUM grace period that they must apply to the time so on the face of it you cannot use that. Unless, of course, there was a traffic jam or other event delaying your exit from the car park and past the cameras.

PE put the legal stuff on the back of their notices. Can you post up the back.

Yes her it is

[ostell]

You have a "Golden Ticket". PE have failed to comply with the provisions of POFA. Edit your first post so that the identity of the driver cannot be inferred. Do That NOW, it's important and in post #3 & #4

Simple BOGOFF

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify 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.


Send that off, first class post with free Certificate of Posting from a Post Office.

[Brightlady]

Thank you for your advice. I wrote the letter as you suggested and here is the reply that I have received. Any suggestions as to what to do next?

[ostell]

Just ignore, they are hoping you will tell them who was driving. A complaint to the BPA is in order.

No response to appeal within 35 days and it can be assumed to have been accepted. Set the diary on this one.

[Brightlady]

Just ignore, they are hoping you will tell them who was driving. A complaint to the BPA is in order.

No response to appeal within 35 days and it can be assumed to have been accepted. Set the diary on this one.

Hi Again

A further letter has arrived today, dated 20/09/2018. it states that the 28 days to respond with further evidence has passed and so they are writing to let me know that my appeal has been unsuccessful. Therefore they say that I have reached the end of he internal appeals procedure because I have not provided sufficient evidence to show that I did not break the terms and conditions of signage. They are suggesting I now need to appeal to POPLA but if it is rejected I will not be able to pay the reduced amount which they have extended for 28 days from the 20th? I haven to yet appealed to the BPAAO. Should that be my next move or it this another bluff?

[Brightlady]

Hi Again

A further letter has arrived today, dated 20/09/2018. it states that the 28 days to respond with further evidence has passed and so they are writing to let me know that my appeal has been unsuccessful. Therefore they say that I have reached the end of he internal appeals procedure because I have not provided sufficient evidence to show that I did not break the terms and conditions of signage. They are suggesting I now need to appeal to POPLA but if it is rejected I will not be able to pay the reduced amount which they have extended for 28 days from the 20th? I haven to yet appealed to the BPAAO. Should that be my next move or it this another bluff?

[Brightlady]

Dear All
I got a negative response to my appeal ( made on the grounds that I had no liability as they had failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me). I asked them not to contact me again unless it was to remove my name from their records.

Since sending that letter to them I have received 2 further letters the most recent is a 'letter before County Court Claim' letter. It says that as I did not appeal to POPLA within the 28 day appeal period I must now make full payment or complete the information reply form. I am now feeling somewhat harassed by them and was considering complaining to BPA. Any observations you can make would be gratefully received

[ostell]

Did you appeal to POPLA

[Brightlady]

No I didn't as I understood the letter was just trying to put pressure on me to give the name of the driver.

[ostell]

So you would have had POPLA accept your appeal as they did not comply with the requirements of POFA, a sure fire win.

You must respond to the letter and state that as the keeper you do not have any liability in the matter because they have failed to comply with the requirements of POFA to hold you liable.

Expect a claim from from Northampton soon. Come back when you do receive it.