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Parking Eye ticket, Need help challenging this parking ticket!
DONS177
post Mon, 16 Apr 2018 - 21:50
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Hello,

I have received a ticket from Parking Eye, I just wanted to know if my ticket was the same as the 'Golden Ticket' post here: http://forums.pepipoo.com/index.php?showto...118566&st=0

And if so, could I challenge it on the same grounds?

Please help asap, they have sent me the letter late and I only have five days until the 'discounted' charge ends.

Many thanks smile.gif

My PCN

This post has been edited by DONS177: Tue, 17 Apr 2018 - 10:59
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post Mon, 16 Apr 2018 - 21:50
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Jlc
post Mon, 16 Apr 2018 - 22:02
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Need to see the back too...


--------------------
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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nosferatu1001
post Tue, 17 Apr 2018 - 06:53
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Well it was "issued" within 4 days, so doubt that its a golden ticket. bearing in mind 14 days starting with the day after would be today, I dont hitnk you have a POFA argument.

This post has been edited by nosferatu1001: Tue, 17 Apr 2018 - 06:54
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DONS177
post Tue, 17 Apr 2018 - 11:05
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QUOTE (Jlc @ Mon, 16 Apr 2018 - 23:02) *
Need to see the back too...


I have now put up the back and the front

QUOTE (nosferatu1001 @ Tue, 17 Apr 2018 - 07:53) *
Well it was "issued" within 4 days, so doubt that its a golden ticket. bearing in mind 14 days starting with the day after would be today, I dont hitnk you have a POFA argument.


Okaay, so the issue with the golden ticket parking fine was that he received the parking ticket after 4 days?
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Jlc
post Tue, 17 Apr 2018 - 11:12
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The PCN's are either compliant with PoFA or not.

The 'golden ticket' ones are not and the PCN doesn't claim they are. Yours does have the 'Protection of Freedoms Act' blurb on the back - so it would appear they've substantively complied (including delivering within 14 days).


--------------------
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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DONS177
post Tue, 17 Apr 2018 - 11:20
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Nevertheless,

In that case he argued the following:

I am the keeper of vehicle xxxxx responding to your Parking Charge Notice xxxx

The PCN fails to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012, namely, but not limited to, 9 (2) (f), failing to give the keeper notice of possible liability. I can not have any liability in this matter. I have no requirement in law to provide details of the driver at the time of the event and will not be doing so. We do not expect to hear from you again, other than to confirm that there will be no further action.


Could I not do the same?

QUOTE (Jlc @ Tue, 17 Apr 2018 - 12:12) *
The PCN's are either compliant with PoFA or not.

The 'golden ticket' ones are not and the PCN doesn't claim they are. Yours does have the 'Protection of Freedoms Act' blurb on the back - so it would appear they've substantively complied (including delivering within 14 days).



Yeah, I was afraid of that... dry.gif

What about challenging on the grounds of 'needing to sleep'? I hear it's possible but this was at about 5pm

Or Michael Green uses this argument:

"When you park in a car park you are entering into a contract with the company which provides that parking space," Mr Green said. "If you breach a contract then under contract law that company is only allowed to make a claim for the amount they have actually lost. But because these spaces are free to park in, I would argue the amount is actually nothing."

Found here: https://www.telegraph.co.uk/finance/persona...ying-fines.html
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Jlc
post Tue, 17 Apr 2018 - 11:25
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The 'loss' argument is mostly dead since ParkingEye v Beavis at the Supreme Court.

If they have complied with PoFA then they can pursue the keeper for the driver's unpaid parking charge. Refusing to name the driver makes no difference.

I suggest you start at the beginning of what happened.


--------------------
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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DONS177
post Tue, 17 Apr 2018 - 11:40
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I was giving my girlfriend a driving lesson for 42 minutes. I believe it costs around £2 per hour to park which is ridiculous that they are charging me, potentially up to £160 if do not pay.
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Jlc
post Tue, 17 Apr 2018 - 11:49
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On the face of it there doesn't appear to be anything that PE or POPLA would uphold as an appeal. (The PCN appears to have been 'correctly issued')

Not sure where you get £160 from. The charge is £100 but if they issue a court claim they will add £75 for court fees and 'solicitors'. If it went to a hearing then there's potentially the court fee for that too.

In terms of defence then there are some angles but no easy win it seems.

Poor signage?
Lack of landowner consent
No parking occurred
The charge is disproportionate relative to the tariff


--------------------
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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