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International driver with parking eye appeal?
Tr33hous3
post Fri, 10 Aug 2018 - 23:47
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Hi All,

My relative from the US was driving my car a few weeks ago and got a parking eye ticket for overstaying.

The car had broken down and it was a genuine reason. So I appealed it - I never said who was driving after reading here it was good to be vague.

So I was surprised to get the attached letter - which says that they can’t respond to the appeal as they don’t know who the driver was! And that if I provide a name and address I would discharge my responsibilities to pay the charge.

My relative is obviously international - so what happens when I provide their name and address ? What will parking eye do?



This post has been edited by Tr33hous3: Sat, 11 Aug 2018 - 00:01
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post Fri, 10 Aug 2018 - 23:47
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Macapaca
post Fri, 17 Aug 2018 - 18:42
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It is in your interest to name the driver. You shouldn't wait to be asked!
Also you have a case if the car broke dpwn and you have evodence of that i.e. the driver didn't park!
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Tr33hous3
post Fri, 17 Aug 2018 - 18:50
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I didn’t realise this before... I emailed them back providing the driver details.

I’ve asked Audi to provide evidence. So I assume the way to go is to appeal to POPLA and state I wasn’t the driver. I have named the driver. And the car broke down with evidence. And they should accept my appeal?
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Macapaca
post Fri, 17 Aug 2018 - 19:43
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You certainly increase your chances of the appeal succeeding!
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ostell
post Fri, 17 Aug 2018 - 21:13
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If they don't know the driver they can hold the keeper liable if they comply with POFA. You must now name the driver and address for service to PE BEFORE they take it to court. If a court claim is issued then naming the driver is no good as they can still claim from the keeper

This post has been edited by ostell: Fri, 17 Aug 2018 - 21:15
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Steve_999
post Fri, 17 Aug 2018 - 22:50
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QUOTE (ostell @ Fri, 17 Aug 2018 - 22:13) *
If they don't know the driver they can hold the keeper liable if they comply with POFA. You must now name the driver and address for service to PE BEFORE they take it to court. If a court claim is issued then naming the driver is no good as they can still claim from the keeper


Post #22?
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nosferatu1001
post Fri, 17 Aug 2018 - 23:36
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Needs to be done for BOTH tickets, separately.
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Macapaca
post Fri, 17 Aug 2018 - 23:38
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QUOTE (Steve_999 @ Fri, 17 Aug 2018 - 23:50) *
QUOTE (ostell @ Fri, 17 Aug 2018 - 22:13) *
If they don't know the driver they can hold the keeper liable if they comply with POFA. You must now name the driver and address for service to PE BEFORE they take it to court. If a court claim is issued then naming the driver is no good as they can still claim from the keeper


Post #22?

PE have not started court proceedings so the driver can still be named to avoid the liability transferring to the RK.
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Tr33hous3
post Sat, 18 Aug 2018 - 00:54
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I emailed them back and told them that I specifically said I was not the driver and they can’t claim for. Me if I tell them the driver. And I gave the name and address to them.

I asked that they cancel my liability for the ticket and if they don’t I am sure popla will cancel the ticket as they didn’t follow the law.

We will see if they do respond. If not I’ll appeal to popla. At this stage either I pay or it’s cancelled (transferred) by the PPC or popla.

I imagine at this stage their best chance of money is to deny what I said transfers liability and make me appeal. As they can forget any success with my relative in the US. They are never going to pay if it can’t be enforced there.
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cabbyman
post Sat, 18 Aug 2018 - 05:46
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You should be appealing to POPLA now. Make sure POPLA have a copy of ALL the correspondence you have sent to PE naming the driver. Bear in mind that you have 28 days to get your appeal in to POPLA. DON'T miss that deadline. That's your best chance of getting this definitively cancelled once and for all.


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nosferatu1001
post Sun, 19 Aug 2018 - 18:19
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Even Bette, they MUST order the ticket is cancelled as your appeal MUST be allowed. This means the driver has no liability for this con as it doesn't exist any longer.
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Tr33hous3
post Mon, 20 Aug 2018 - 19:24
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QUOTE (nosferatu1001 @ Sun, 19 Aug 2018 - 19:19) *
Even Bette, they MUST order the ticket is cancelled as your appeal MUST be allowed. This means the driver has no liability for this con as it doesn't exist any longer.


Bette? I assume thats an auto correct typo.

I have emailed back after the appeal was denied as I said above and (they gave me a POPLA code) provided the other driver details.

I will give them a week or so to see if they respond - if not I will appeal to POPLA and include the emails; my appeal and evidence from Audi that the car was not parked but had broken down.

I of course hope they have common sense and just tell me they have transferred the liability but I have no reason to think that even if I need to appeal to POPLA that I won’t win - which I guess could be a good reason for them to leave it and not respond - they might think I will blink first and pay up. But I won’t.
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Macapaca
post Mon, 20 Aug 2018 - 21:45
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QUOTE (Tr33hous3 @ Mon, 20 Aug 2018 - 20:24) *
I of course hope they have common sense

Common sense is something that PPCs don't have! Anyway you are now heading towards getting this cancelled. Don't be surprised if there are one two more bumps in the road but you will get there.
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nosferatu1001
post Mon, 20 Aug 2018 - 22:18
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Just do the appeal to popla!

You win
Popla cancels the pcn
The driver isn't chased...
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ostell
post Tue, 21 Aug 2018 - 06:20
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Since this thread appears to be about 2 tickets and just to make it clear you have given the drivers name and address for BOTH tickets to PE and have a certificate of posting for both of them?
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Tr33hous3
post Wed, 22 Aug 2018 - 18:51
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The first ticket I provided the details as they did doing so would pass on the liability. Unless I hear from parkingeye again I assume that’s taken care off. The details were sent through their appeal process which sent me a dated receipt.

The POPLA appeal is for park watch who rejected my appeal and provided the POPLA number. I did email them to let them know who the driver was after I had the letter rejecting the appeal and asked that they cancel the penalty for me as I wasn’t driving. The email also had a reply saying it was received. I have not heard back from them after giving the drivers address.

I am assuming I will have to therefore file an appeal with POPLA and don’t know how to phrase it and what to say. I have had a look on the money saving expert forums where there is lots of guidance but it’s very confusing.
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Macapaca
post Wed, 22 Aug 2018 - 19:19
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If you have a POPLA code for the second PCN then just submit a simple appeal stating that the driver has been named therefore you have no liability. You don't need a complicated appeal like some of the ones you have probably seen on the MSE forum.
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ostell
post Thu, 23 Aug 2018 - 06:20
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You tell POPLA that POFA 5 (1) (b) no longer applies and therefore there can be no keeper liability.
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The Rookie
post Thu, 23 Aug 2018 - 07:26
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Include a copy of the email (print as PDF) as evidence.


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Tr33hous3
post Wed, 29 Aug 2018 - 18:13
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Two questions:

- It says I have 28 days from the date of letter to appeal to POPLA - The letter was dated 16th July. So I can appeal up until the the 13th September? I am slightly confused if its 28 days including the 16th or from the 17th?

- Surely its beneficial to wait until day 56 - the last day so I can add the fact that they did not send an NTK (if they didn’t)?
The PCN was served on July 17th. So the time to appeal would be the 56th day - September 11th?
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Glacier2
post Wed, 29 Aug 2018 - 18:42
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You only have 28 days from the date of rejection. By all means wait until the last minute but do not miss the deadline.
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