ParkingEye Bolton Hospital - wrong location |
ParkingEye Bolton Hospital - wrong location |
Wed, 14 Oct 2020 - 10:00
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#1
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Member Group: Members Posts: 45 Joined: 24 Oct 2009 Member No.: 33,113 |
Hi, received a PCN from ParkingEye on 14th Oct. Date of issue is 10th Oct, date of alleged parking contravention was 28th Sept.
They are alleging the car was parked in their staff car park at the hospital for over 6 hrs overnight. It includes 2 very bad photographs that you can just about make out lights on the car then focusing in on number plate. The times are about right when the car was at hospital. I can categorically remember where the car was parked. It was definitely not in the car park they name in the PCN. Let alone parking there, the car didn't even enter that car park. Heck it's further away from the the actual car park that was used outside maternity department. So seems a cut & dry appeal to me. Just wanted to check here if there's anything else I should consider when making the appeal? IS tehre a time limit within which the ticket needs to be issued/sent? Given the alleged happened on 27th/28th and they supposedly issued on 10th Oct and I've received on 14th? Should I ask them to prove that I entered named car park or just tell them I didn't and it's upto them to prove it to themselves first? This post has been edited by loofer: Wed, 14 Oct 2020 - 16:21 |
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Wed, 14 Oct 2020 - 10:00
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Wed, 18 Nov 2020 - 13:31
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#21
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Did you ever go to PALS?
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 18 Nov 2020 - 13:49
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#22
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Member Group: Members Posts: 45 Joined: 24 Oct 2009 Member No.: 33,113 |
Pick up on the Not issued under POFA and state that this is the only method they have to hold the keeper liable and therefore there can be no keeper liability if it is not being There own non compliant NTK is the evidence You can also note it was their choice not to use PoFA. If they wanted to enforce against the keeper then that was within their power. In different situations there are times where agency or vicarious liability could be argued - e.g. a driver on company business Thank you both, I thought that may be the case Did you ever go to PALS? Rookie, no. I took their phone number down but at this stage I didn't know what I was going to ask them. I still don't know how they can help. |
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Wed, 18 Nov 2020 - 14:01
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#23
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
PALS have the power to quash parking tickets
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Wed, 18 Nov 2020 - 14:22
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#24
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Member Group: Members Posts: 45 Joined: 24 Oct 2009 Member No.: 33,113 |
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Wed, 18 Nov 2020 - 14:27
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#25
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
They would hopefully apply commonsense - they wouldn't understand the legalities... But they won't intervene now at the POPLA stage.
-------------------- 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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Wed, 18 Nov 2020 - 14:52
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#26
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Yep, the Hospital contract probably means you've lost that chance now it's at POPLA.
Advice is given for a reason, you need to be a bit more reactive if you want to succeed. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 18 Nov 2020 - 18:19
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#27
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Member Group: Members Posts: 45 Joined: 24 Oct 2009 Member No.: 33,113 |
Yep, the Hospital contract probably means you've lost that chance now it's at POPLA. Advice is given for a reason, you need to be a bit more reactive if you want to succeed. I was not in the hospital car park (nor was the car) Get onto PALS at the hospital, if you were in the hospital car park
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Wed, 18 Nov 2020 - 18:34
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#28
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
It doesn't matter now - but they still potentially had the ability to cancel it. (Perhaps more so if there's a clear mistake)
-------------------- 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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Fri, 29 Jan 2021 - 16:15
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#29
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Member Group: Members Posts: 45 Joined: 24 Oct 2009 Member No.: 33,113 |
finally got a response back from POPLA. My complaint upheld.
QUOTE Assessor summary of your case
The appellant’s case is that there is insufficient evidence of alleged improper parking. The appellant states that there is no evidence of the location that the car was parked in when the photograph was taken. The appellant states that any alleged parking that may have happened may be between the driver and the landowner, there is no contract with the keeper. They state that there is not a valid notice to keeper as it did not comply with schedule 4 of the Protection of Freedoms Act (PoFA) 2012. The appellant states that the parking event took place on 28 September and the letter was issued on Saturday 10 October, failing PoFA. In response to the operator’s evidence pack, the appellant reiterates their grounds of appeal and states that the photographs provided are grainy of the vehicle and the evidence provided does not prove the vehicle was there. The appellant has provided a copy of the PCN as evidence in support of their appeal to POPLA. Assessor supporting rational for decision It is a parking operator’s responsibility to demonstrate to POPLA that is has issued the PCN correctly and that the parking charge is therefore owed. In this case the appellant has advised that the PCN does not comply with PoFA 2012. I can see from the evidence provided, that the operator has not referenced that they are attempting to transfer the liability for the Parking Charge Notice (PCN) from the driver of the vehicle to the keeper of the vehicle using PoFA 2012, and so in its mind, the operator continues to hold the driver responsible. As such, I must consider whether I am confident that I know who the driver of the vehicle is based on the evidence that I have received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that it the appellant is the driver and therefore liable for the PCN. The appellant has raised other grounds for appeal; however, I have not considered these as I have allowed the appeal |
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Fri, 29 Jan 2021 - 17:11
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#30
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Did they actually contest?
-------------------- 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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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 07:03 |