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New Parking eye fine, Not the driver
Pinky21
post Thu, 2 May 2013 - 19:42
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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
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post Thu, 2 May 2013 - 19:42
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Jlc
post Thu, 2 May 2013 - 19:55
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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!

This post has been edited by Jlc: Thu, 2 May 2013 - 19:55


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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dp7
post Thu, 2 May 2013 - 20:03
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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.
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Jlc
post Thu, 2 May 2013 - 20:10
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QUOTE (dp7 @ Thu, 2 May 2013 - 21:03) *
Should get you an EYE01 with a POPLA code.

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


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Pinky21
post Thu, 2 May 2013 - 20:20
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Thanks. I will appeal.
The letter does have pictures of the car parked.
What happens after I appeal to POPLA?
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Jlc
post Thu, 2 May 2013 - 20:24
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QUOTE (Pinky21 @ Thu, 2 May 2013 - 21:20) *
Thanks. I will appeal.
The letter does have pictures of the car parked.
What happens after I appeal to POPLA?

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).


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Pinky21
post Thu, 2 May 2013 - 20:30
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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?
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Jlc
post Thu, 2 May 2013 - 20:32
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QUOTE (Pinky21 @ Thu, 2 May 2013 - 21:30) *
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?

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 CoP - particularly in regards to signage and grace periods...

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


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Pinky21
post Thu, 2 May 2013 - 20:34
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New to all this - whats CoP?
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Broadsman
post Thu, 2 May 2013 - 20:38
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QUOTE (Pinky21 @ Thu, 2 May 2013 - 21:34) *
New to all this - whats CoP?


Code of Pracitce, which all PPC's SHOULD follow, but Parking Eye ignore cos they can.
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Pinky21
post Thu, 2 May 2013 - 20:41
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Thanks so much again
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Lynnzer
post Thu, 2 May 2013 - 20:58
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QUOTE (Pinky21 @ Thu, 2 May 2013 - 21:41) *
Thanks so much again

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.


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Umkomaas
post Thu, 2 May 2013 - 21:12
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QUOTE (Jlc @ Thu, 2 May 2013 - 21:32) *
QUOTE (Pinky21 @ Thu, 2 May 2013 - 21:30) *
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?

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 CoP - particularly in regards to signage and grace periods...

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


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.
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