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Posted by: Pinky21 Thu, 2 May 2013 - 19:42
Post #815602

My husband got a parking charge notice from Parking Eye a couple of weeks ago for parking 1hr 30 mins in a car park where 1hr 20 mins is allowed for free. It was actually me that was driving.
I was originally going to just ignore but having read recent threads am starting to loose my bottle.
If he writes back and states he wasn't driving but doesn't name me is there anything they can do legally?
Does he need to appeal to parking eye or POPLA?
He has 28 days from 17th April to appeal

Posted by: Jlc Thu, 2 May 2013 - 19:55
Post #815609

The 'not the driver' defence doesn't work any more.

For PE we advise appealing - particularly to POPLA (But you have to appeal to PE first - they will reject). Have a look through recent threads - there are quite a few PE ones!

Posted by: dp7 Thu, 2 May 2013 - 20:03
Post #815611

Dear Parking Eye,

I have received your PCN, reference number; xxxxxxxxxxx. Please provide me with;

a) evidence of your authority to offer a contract to park at this site,
b) evidence that I was actually parked for longer than 1hr 20m,
c) a breakdown of the losses the landowner has purportedly suffered as a result of this alleged infringement,

Kind regards...

Should get you an EYE01 with a POPLA code.

Posted by: Jlc Thu, 2 May 2013 - 20:10
Post #815614

EYE01 is their template rejection. It will not answer these questions... (But that's the point )

Posted by: Pinky21 Thu, 2 May 2013 - 20:20
Post #815617

Thanks. I will appeal.
The letter does have pictures of the car parked.
What happens after I appeal to POPLA?

Posted by: Jlc Thu, 2 May 2013 - 20:24
Post #815619

Pictures parked? That's unusual - they usually just have entry and exit photo's...

You appeal to PE first. Then come back here for assistance with POPLA appeal. If you 'win' POPLA then that's the end of it. If you 'lose' then you either pay (no one here will recommend that) or they have to issue a claim via civil court (and you defend it).

Posted by: Pinky21 Thu, 2 May 2013 - 20:30
Post #815625

Sorry, prob is entry and exit but it was late so you can only really make out the number plate.
I appreciate your time in replying and will get my appeal done. Should i mention in the appeal the the RK was not the driver?

Posted by: Jlc Thu, 2 May 2013 - 20:32
Post #815626

Indeed - most PE is via ANPR camera's. They must have a Grace period and with such tight timings it must be marginal. Have a look through the http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf - particularly in regards to signage and grace periods...

There's no need to specify who was driving. Say 'we'.

Posted by: Pinky21 Thu, 2 May 2013 - 20:34
Post #815629

New to all this - whats CoP?

Posted by: Broadsman Thu, 2 May 2013 - 20:38
Post #815633

Code of Pracitce, which all PPC's SHOULD follow, but Parking Eye ignore cos they can.

Posted by: Pinky21 Thu, 2 May 2013 - 20:41
Post #815636

Thanks so much again

Posted by: Lynnzer Thu, 2 May 2013 - 20:58
Post #815644

Take a trip to the links on my signature. There's a set of appeal points that you can either shorten or amend as necessary. It covers the points above, ie not telling them who the driver was and all the basic stuff such as right to make a contract etc.

Posted by: Umkomaas Thu, 2 May 2013 - 21:12
Post #815649

You need to build into your questions of PE in your challenge (note emphasis - challenge, not an 'appeal' based on mitigating circumstances - or sob story) how long their Grace Period provides. It is part of the BPA CoP after all - and they need to openly demonstrate how they comply with it.