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ParkingEye - Wont accept drivers details as No Fixed Abode, PCN
wordsbut
post Wed, 20 Feb 2019 - 12:29
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Hi folks,

I had need one evening to pull off the road briefly and park up in the first available safe place, due to a minor flare up of a long term medical condition.

The owner of the vehicle I was using at the time received a PCN from ParkingEye as it turns out the parking area I'd pulled up in for what I now know to be 14 minutes, belonged to a local school academy, parking within which is classed as private and restricted to school usage, even though it is part of an extended parking area with no real demarkation other than, as I've since seen, the small parking signs.

ParkingEye were immediately notified that I was the driver of the vehicle at the time and as I am of No Fixed abode, they were given by the vehicle owner, my mobile telephone number and email address and I also emailed them directly with the same information.

However they continually refuse, despite numerous replies to my emails, to send me to corrected / amended documentation via email, quoting that they cannot do so (even in this electronic age) as they must have a current address to send hard copies of the documentation to. And more importantly they continue, almost to the point of harassment, to chase the owner for payment of the PCN.

What can I do? As I'm still of No fixed abode, I don't want to give them any addresses (even as temporary forwarding addresses) belonging to friends or family that I'm staying with for short periods of time, as I don't want them to have their address associated with any action that Parking Eye may take and this matter has been dragging on now since last November?

Is there anyway I can get them to send me the documents via email and to stop them trying to enforce the PCN on the vehicle owner?

Any and all advice will be greatly appreciated

This post has been edited by wordsbut: Wed, 20 Feb 2019 - 12:30
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post Wed, 20 Feb 2019 - 12:29
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peterguk
post Wed, 20 Feb 2019 - 12:31
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So you currently live your life receiving no post whatsoever? Obviously not. So give them a "care of" address of somewhere you can receive mail.

This post has been edited by peterguk: Wed, 20 Feb 2019 - 12:32


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ostell
post Wed, 20 Feb 2019 - 13:22
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So what's the location so that we can look at the signs, or can you get photos of the signs yourself.
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wordsbut
post Wed, 20 Feb 2019 - 13:27
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Peteruk

I don't have a care of address, there is nothing at present (other than this issue with Parking Eye) that I haven't been able to do online, I don't want to use a friends address as a Care of, because then it becomes associated with and linked to my problem, so could at some point cause them issues and even using a PO Box isn't viable because of the cost.

Personally I can't see what the problem is with them sending me the documents electronically
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wordsbut
post Wed, 20 Feb 2019 - 13:56
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Ostell

These are the signs, though I wouldn't with my focus being on safety and pain management have noticed them had they been 6ft tall in illuminous colours with flashing lights...


The one minor thing I have just noticed is part of the main sign states ''Langley Primary'' as the point of contact for obtaining valid permits (Not really relevant in my case, but may help other people in the local area), but the actual landowners are apparently ''Langley Hall Primary Academy'' who may, once upon a time have just been Langley primary. Does this invalidate the ''contract'' or signage in anyway??

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PASTMYBEST
post Wed, 20 Feb 2019 - 14:10
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not my area of any sort of expertise, but what do you think is going to happen? Parking eye may take your friend to court invoking the owner liability provision of POPLA.


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chapinahat
post Wed, 20 Feb 2019 - 14:15
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Hi

http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

If you want PPC to stop writing to your friend reading the above is good place start. Not obvious as address refers to Civil Procedure Rules.

Try

https://www.ukpostbox.com/pricing

As a physical address for letters. Tell them you're the driver. Get friend to write also demanding they stop and as of that date wants all data they have collected destroyed.

ATB

This post has been edited by chapinahat: Wed, 20 Feb 2019 - 14:37
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bearclaw
post Wed, 20 Feb 2019 - 14:30
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Another option...

https://www.postoffice.co.uk/mail/poste-restante
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chapinahat
post Wed, 20 Feb 2019 - 14:58
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Hi

I think the Post Office option needs passport and proof of UK address. Not absolutely sure about the other. Eirher way check it's compliance with POFA so you can refer to it in notice to PPC of who and to where correspondence is to be sent.

ATB
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Sheffield Dave
post Wed, 20 Feb 2019 - 15:30
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If the RK is agreeable (and it would be a way of stopping PE hassling the RK), the RK could nominate your address for service as his/her own address - assuming they would be able to contact you and let you know when mail has been received for you.
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chapinahat
post Wed, 20 Feb 2019 - 15:54
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Hi


a)

in the case of the keeper, an address which is either—
(i)

an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or
(ii)

the keeper’s registered address (if there is one); or

(b)

in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;


This from the POFA so no grounds for PPC to refuse any options present on this thread. The keeper not you must notify the PPC in his letter demanding data held is destroyed.

ATB

This post has been edited by chapinahat: Wed, 20 Feb 2019 - 16:07
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bearclaw
post Wed, 20 Feb 2019 - 16:49
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QUOTE (chapinahat @ Wed, 20 Feb 2019 - 14:58) *
Hi

I think the Post Office option needs passport and proof of UK address. Not absolutely sure about the other. Eirher way check it's compliance with POFA so you can refer to it in notice to PPC of who and to where correspondence is to be sent.

ATB


Instead of guessing and muddying the waters you could look at the options.

You need to satsify the PO of your identity.

It's a convenient point of contact for the driver as far as POFA is concerned.
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chapinahat
post Wed, 20 Feb 2019 - 17:32
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QUOTE (bearclaw @ Wed, 20 Feb 2019 - 16:49) *
QUOTE (chapinahat @ Wed, 20 Feb 2019 - 14:58) *
Hi

I think the Post Office option needs passport and proof of UK address. Not absolutely sure about the other. Eirher way check it's compliance with POFA so you can refer to it in notice to PPC of who and to where correspondence is to be sent.

ATB


Instead of guessing and muddying the waters you could look at the options.

You need to satsify the PO of your identity.

It's a convenient point of contact for the driver as far as POFA is concerned.


Hi

Have others missed the fact OP has no proof of address for post restante?

ATB
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nosferatu1001
post Wed, 20 Feb 2019 - 22:26
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Op - the reason parking eye don't have to accede to your wishes is the law in this case says they don't

Pofa requires a SERVUCEABLE ADDRESS for the driver, otherwise they can still chase the keeper.
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