NTK now NTD - ParkingEye, Keeper has named the driver, how to appeal? Options

[AlishaAli]

Hello All,

Husband received a parking charge last year for over staying 2 hrs, without paying for that time. (date of offence 22.03.2017)

It was really dark and there was no clear signage, lamp posts were not lit and no obvious machine to pay in sight, the weather was really bad too foggy and heavy rain. We did not know it was being managed by PrivateEye.

As the keeper he received a NTK via the post demanding £100 or £60 if paid within 14 days. He appealed as the keeper without disclosing the named driver (me). Claiming no contract was made as signs were not clear and so on.

Naturally this was rejected and he received a POPLA code.

Things were put on hold, as we went through personal grieviences during that time with family and other things, so he didn't appeal to POPLA in time.
The letters then continued to debt recovery - These were ignored. Then came the letter before court claim. By this time a year had past since the incident.

He decided to restart the process because he felt he has a chance of winning if appealed properly via POPLA, he went back to the same location to gather evidence, which shows no clear signage at the entrance to the car park, not lit very well at all and its only during the day can you make out where the machine was to pay. so he wrote back and said he was not liable for the charge and as I was the driver at the time of the offence.

Now in the present time - I received the same letter he had received originally where i have been given the 4th of may to pay the full amount - or discount rate by tomorrow.

The question is since my husband has provided them my details as the named driver, how do i go about appealing this? Do i still avoid admitting i was the named driver? Or shall i continue to appeal to get the POPLA code confirming i was the driver but still refuse to pay as no contact was established?

Any help with this will be greatly appreciated

Alisha

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[ford poplar]

With nothing else to go on - pay the discounted Penalty today! IMO.

[The Rookie]

The keeper is now out of the loop, once the drivers details are provided the keeper has no liability.

Of course you can appeal, you would need to convince POPLA that the signage wasn’t adequate by not complying the the BPA code of practice, you would also have the other normal argument of standing and then whether the signage actually created a contract.