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Parking fine

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  • Parking fine

    Hello
    I have a parking fine by “parking eye”. I was not the driver of the car and they first wrote to the lease company who then passed on my details to them.
    first question, am I by law required to give them information on who was driving the car ?
    secondly, with GDPR, is the leasing company breaching the rules without asking my permission?
    many thanks in advance.
    Attached Files
    Tags: None

  • #2
    It's not a fine, it's an invoice.

    There is no requirement to identify the driver.

    The lease company are permitted to give your details under Schedule 4 of the Protection of Freedoms Act 2012

    Perhaps post some images that are readable? Use a hosting site such as imgur and post the link to the image on here.

    With the notice addressed to you did you get copies of the lease agreement and the original notice to the lease company?

    Comment


    • #3
      No I only received the parking charge notice. I was I formed by the lease company they had received a fine/notice and they had given them my details, and then charged me Ł15 for the pleasure of informing me.

      Comment


      • #4
        Sirs

        Ref PCN xxxxx VRM yyyyyy

        I am the hirer/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 supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

        I was not the driver at the time and as there is no legal requirement to identify the driver 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 so that it is received on day 19 after the date on their letter so that they don't have the chance to correct and resend within the relevant period.

        First class post with free certificate of posting from a post office.

        They will probably reject but the appeal to POPLA should be successful
        Last edited by ostell; 14th December 2020, 15:43:PM.

        Comment


        • #5
          Thank you so much !

          Comment


          • #6
            Slight change to the appeal

            Comment


            • #7
              Hi, I have now received a reply from Parking Eye, warning me that if I don’t inform them who was driving, they will hold me responsible for the parking charge.
              what is the next step please ?
              Attached Files

              Comment


              • #8
                Could you post up the Notice to Hirer again please in readable format. Just to check the wording.

                You will be writing back to them pointing out that they have failed to comply with the requirements of POFA and you were not driving then you have absolutely no liability to them.

                Post up the Notice to Hirer in a readable form please as I suspect there are other POFA fails.

                Could be interesting at POPLA

                Comment


                • #9
                  Hi, I’m sorry for the delay in getting this to you- not been a good start to the year unfortunately!
                  Fingers crossed you’re able to vie this ?
                  many thanks in advance
                  Attached Files

                  Comment


                  • #10
                    Hi Ostel,
                    please can you take a look at the reply from Parking Eye and let me know your thoughts on how to proceed please?

                    Comment


                    • #11
                      You tell them that they have not complied with POFA, as detailed in your appeal, and therefore there can be no liability


                      you didn't give another readable copy of the NTH

                      Comment

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