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Parking Eye - Holiday inn heathrow
manners
post Sun, 12 Aug 2018 - 19:48
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Hi all,

Seeking some help from you all, received the following PCN from Parking Eye on a business lease vehicle, with multiple insured drivers.
Appears that I am within the 28 days of date of issued so looking to respond to this letter.





A kind member of the forum for a similar PCN received a few months ago suggested I use the following letter.
Would this be useful for this circumstance?


You have not complied with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, failing to provide the documents prescribed by 14 (2) (a) of the said act and any alleged liability cannot be transferred from the driver to the keeper. Your comment that there is a memorandum of understanding in existence between the IPC and the BVRLA has been noted but this not remove the requirement to meet the conditions stated in the legislation to be able to transfer liability.

There is no legal requirement for the keeper to provide the identity of the driver, and will not be doing so. Continuing with this action on the basis that the keeper was driving is perverse, a body corporate cannot hold a driving licence.

The company do not expect to hear from you again other than to confirm that no further action will be taken on this matter.



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post Sun, 12 Aug 2018 - 19:48
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ostell
post Sun, 12 Aug 2018 - 20:19
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Correct.send so that it arrives just before the end of 21 days. This prevents them from reissuing a compliant notice notice to hirer/keeper within the relevant period
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cabbyman
post Mon, 13 Aug 2018 - 13:53
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What have IPC to do with this?


--------------------
Cabbyman 11 PPCs 0
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ostell
post Mon, 13 Aug 2018 - 14:15
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I din't spot that ! OK BPA
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manners
post Tue, 18 Sep 2018 - 18:23
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Hi all,

I received the following response from Parking Eye, any advice please?





Thanks

Manners
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kommando
post Tue, 18 Sep 2018 - 18:55
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So wait for the POPLA code they will send with the rejection in 28 days, they have still not provided the hire agreement so will lose.

You can start your POPLA appeal now.
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ostell
post Tue, 18 Sep 2018 - 21:03
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That's just their standard response as they are mentioning paragraph 9, which is inapplicable for a hire vehicle, they should be using para 14
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manners
post Wed, 19 Sep 2018 - 20:22
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Great, so having had a read through I've found a response from mse that looks like it would work for me also.

Any feedback appreciated.


Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car. I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
My company name
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ostell
post Wed, 19 Sep 2018 - 20:35
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No need for a response, they are hoping you will tell them the name of the driver. The next letter will probably be from a debt collector, who can do nothing, because PE realise they can do nothing.

This post has been edited by ostell: Wed, 19 Sep 2018 - 20:36
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kommando
post Thu, 20 Sep 2018 - 09:37
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The next letter should be an appeal rejection with POPLA code, if one does not turn up then you are free to tell them they have not met the BPA guidelines of responding to an an appeal within 35 days and you consider the appeal accepted.
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