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Farmfoods Blackburn, ParkingEye ticket
MHU
post Wed, 5 Sep 2018 - 15:12
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Hi

This ticket was received whilst shopping at Farm foods then went into town. Did not realize the maximum time allowed in the car park was 60mins and was there for 1 hour 59mins

Can i appeal this or ignore or anything at all?


Thanks

This post has been edited by MHU: Fri, 7 Sep 2018 - 21:03
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post Wed, 5 Sep 2018 - 15:12
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nosferatu1001
post Wed, 5 Sep 2018 - 15:35
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GET THAT PICTURE DOWN

NOW

IMMEDIATELY

Then you MUST hit EDIT and remove ANY clue as to the drivers identity. They are "the driver". The person who received this is the Keeper / Hirer of the vehicle.

The picture can go back up AFTER the VRM, time and ref numbers are covered up.

1) I can see that this is a LEASE vehicle. Did Parking Eye include a copy of the lease agreement? YES or NO

2) The asnwer WILL be NO, unless they have changed tactic. In which case the Keeper, as a vehicle hirer, has NO liability. This is absilutely irrefutable by PE. So an appeal must be made on that ground. PE will reject, and give a POPLA code, where teh same apppeal is made. POPLA will uphold the appeal.

DO NOT IGNORE.

This post has been edited by nosferatu1001: Wed, 5 Sep 2018 - 15:36
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Jlc
post Wed, 5 Sep 2018 - 15:41
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Ignoring it would be a virtually guaranteed court claim.

Did they include a copy of the hire agreement? As per PoFA 14 (2) (a).


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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MHU
post Wed, 5 Sep 2018 - 19:18
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QUOTE (nosferatu1001 @ Wed, 5 Sep 2018 - 16:35) *
GET THAT PICTURE DOWN

NOW

IMMEDIATELY

Then you MUST hit EDIT and remove ANY clue as to the drivers identity. They are "the driver". The person who received this is the Keeper / Hirer of the vehicle.

The picture can go back up AFTER the VRM, time and ref numbers are covered up.

1) I can see that this is a LEASE vehicle. Did Parking Eye include a copy of the lease agreement? YES or NO

2) The asnwer WILL be NO, unless they have changed tactic. In which case the Keeper, as a vehicle hirer, has NO liability. This is absilutely irrefutable by PE. So an appeal must be made on that ground. PE will reject, and give a POPLA code, where teh same apppeal is made. POPLA will uphold the appeal.

DO NOT IGNORE.



pic removed, i did not see that bit ... my bad!

no the lease agreement was not included

can you tell me what letter i need to send them?

Also, can i ask why does the keeper have no liability?
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ostell
post Wed, 5 Sep 2018 - 20:28
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This of any use ?

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Send this so that it arrives on day 19 after they sent the letter. THis is so that they do not have time to issue another corrected NTH, PE have a period of 21 days from receiving the hirer's name from the lease company to do this.

Here's POFA so your can check why the hirer/keeper is not liable.

They will reject the appeal as already mentioned, but the keeper will win at POPLA.

This post has been edited by ostell: Wed, 5 Sep 2018 - 20:30
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nosferatu1001
post Thu, 6 Sep 2018 - 08:56
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I told you to edit your post so the driver could not be identified

I can still work jout who drove - on balance of probabilities. So edit. THE DRIVER parked te car
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MHU
post Fri, 7 Sep 2018 - 21:03
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QUOTE (nosferatu1001 @ Thu, 6 Sep 2018 - 09:56) *
I told you to edit your post so the driver could not be identified

I can still work jout who drove - on balance of probabilities. So edit. THE DRIVER parked te car


done
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MHU
post Sat, 8 Sep 2018 - 18:53
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QUOTE (ostell @ Wed, 5 Sep 2018 - 21:28) *
This of any use ?

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Send this so that it arrives on day 19 after they sent the letter. THis is so that they do not have time to issue another corrected NTH, PE have a period of 21 days from receiving the hirer's name from the lease company to do this.

Here's POFA so your can check why the hirer/keeper is not liable.

They will reject the appeal as already mentioned, but the keeper will win at POPLA.



Thanks for this

The letter was issued on 30/08 and received on the 03/09
so if it is posted on 14/09 Friday it should be received on 17/09

assuming i should not do signed for, but just do Proof Of Posting for this?

The appeal time is 28 days from issued date.


oh and does the letter get signed?

yours Sincerley

HIRER NAME

SIgnature?

or not?
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ostell
post Sat, 8 Sep 2018 - 19:43
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Yes sign it. And certificate of posting

If the keeper was not driving then say so:

I was not the driver at the time and there is ...............

This post has been edited by ostell: Sat, 8 Sep 2018 - 19:45
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MHU
post Mon, 10 Sep 2018 - 10:53
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QUOTE (ostell @ Sat, 8 Sep 2018 - 20:43) *
Yes sign it. And certificate of posting

If the keeper was not driving then say so:

I was not the driver at the time and there is ...............





This post has been edited by MHU: Mon, 10 Sep 2018 - 15:47
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Sheffield Dave
post Mon, 10 Sep 2018 - 11:58
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(deleted)

This post has been edited by Sheffield Dave: Mon, 10 Sep 2018 - 17:18
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MHU
post Mon, 10 Sep 2018 - 15:47
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ok, done

was just answering the question smile.gif

This post has been edited by MHU: Mon, 10 Sep 2018 - 15:48
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MHU
post Tue, 25 Sep 2018 - 19:35
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No reply from them as of yet ...

Hopefully that is the last of it
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MHU
post Tue, 9 Oct 2018 - 19:56
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Hi

just got this reply today

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ostell
post Tue, 9 Oct 2018 - 20:17
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You do nothing, they are trying to get you to identify the driver.

If you do not get a decision from PE within 35 days then the appeal can be assumed as accepted acording to the BPA Code of Practise
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Jlc
post Tue, 9 Oct 2018 - 20:39
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Indeed, they've sent a templated response. Oh, the irony.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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SchoolRunMum
post Tue, 9 Oct 2018 - 20:56
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QUOTE
no the lease agreement was not included
Ignore that letter and by not saying who was driving, and quoting the POFA para 13/14 (read it now) the lessee/hirer will win at POPLA in the end.
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ostell
post Tue, 9 Oct 2018 - 21:45
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You will note in that letter that they are quoting paragraph 9 of POFA where in this case they should be using 14. This is a standard template that they push out to try and persuade people to identify the driver.
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MHU
post Fri, 12 Oct 2018 - 08:51
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thank you, i will ignore the letter and NOT respond then

but i have been WARNED smile.gif

I assume once they give me a POPLA code i appeal with them
until that time, i just wait

This post has been edited by MHU: Fri, 12 Oct 2018 - 11:03
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