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#Post#: 26700--------------------------------------------------
Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: bdu7
Date: June 19, 2024, 6:49 am
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Hi all,
The car park in question is next to a McDonalds and KFC. The car
was parked on the 'KFC side' for 18 minutes whilst the driver
was inside McDonalds.
It turns out that the car park is effectively 'closed' until
10am, despite being on a retail park that was fully open.
The vehicle is registered to my company (Director), and I
received the attached PCN on 19/06.
Link to images and letter
HTML https://www.dropbox.com/scl/fo/pi64ew7ugauj9e4pjvvv6/AKgcigEcWHtGX1DIjoYd4es?rlkey=hjyll5z84un8nht5h30mpk272&dl=0
#Post#: 26860--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: Dave65
Date: June 20, 2024, 4:26 am
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When you say I received the PPN, who was it addressed to?
Was it addressed to the company name?
Is the vehicle on lease?
#Post#: 26877--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: bdu7
Date: June 20, 2024, 6:42 am
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Hi,
Yes, the PCN is addressed to the company name, and the vehicle
is for use by employees.
No, the vehicle has been purchased by the company, it isn't a
lease.
Thanks :)
#Post#: 27454--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: bdu7
Date: June 25, 2024, 6:36 am
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Hi all,
Apologies as this isn't something I have dealt with before. What
would be our next steps for this penalty charge notice?
Many thanks :)
#Post#: 27500--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: b789
Date: June 25, 2024, 11:59 am
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It's not a Penalty Charge Notice. It's a Parking Charge Notice.
Big difference.
Only an authority such as a council or the police can issue a
penalty charge. An unregulated private parking company can only
issue a Parking Charge Notice which is an officious way of
avoiding its real name... an invoice.
The sign you have shown us clearly states that parking outside
of the hours advised is verboten. Was the car park for KFC and
it did not open until 10am but you parked there and went to the
McDs which is a separate car park? How are the two car parks
delineated? Are they both operated by PE? What do the signs for
the McDs car park state?
#Post#: 27502--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: b789
Date: June 25, 2024, 12:10 pm
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It is unlikely that PE will uphold an appeal but you'd have a
better chance with POPLA. I would suggest you send the following
appeal in the name of the company without identifying the
driver. The reason is that there's a technical flaw in the NtK
as they have not fully complied with the requirements of PoFA
9(2)(e)(i) as there is no invitation (nor any synonym of the
word) for the keeper to pay the charge.
[indent]This is an appeal on behalf of [Your Company Name]
regarding Parking Charge Notice [PCN Reference Number] issued to
vehicle [Vehicle Registration Number] on [Date of Incident].
Upon reviewing the Notice to Keeper (NtK), we have identified
that it does not comply with the requirements set out in the
Protection of Freedoms Act 2012 (PoFA), Schedule 4.
Specifically, the NtK fails to include the mandatory invitation
to the keeper to pay the unpaid parking charge, as required by
PoFA 9(2)(e)(i).
Due to this omission, the Notice to Keeper is not compliant with
PoFA, and as such, [Your Company Name], as the registered keeper
of the vehicle, is not liable for the alleged parking charge.
Furthermore, we are not obliged to identify the driver at the
time of the incident.
Based on the above points, we request that you cancel the
Parking Charge Notice immediately. If you do not cancel the
charge, please provide a POPLA code so that we may refer this
matter to the independent appeals service.
We look forward to your prompt confirmation that this Parking
Charge Notice has been cancelled.[/indent]
#Post#: 27514--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: bdu7
Date: June 25, 2024, 3:56 pm
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Really appreciate that, thank you!
#Post#: 29080--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: bdu7
Date: July 8, 2024, 6:04 am
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Hi all,
So I have, as expected, received a response from Parkingeye that
my appeal was rejected and they have provided a POPLA code.
Link to appeal reply
HTML https://www.dropbox.com/scl/fi/qket21mu5jn96fdx6s4nh/ParkingEye-Appeal-Reply-Redacted.pdf?rlkey=2llh3sn679x5mhyabnslrg9qk&dl=0
(Apologies, I'm unable to upload directly to this post for some
reason)
Can you please advise what my next steps are?
I assume an appeal to POPLA along the same lines?
Many thanks :)
#Post#: 29090--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: b789
Date: July 8, 2024, 7:19 am
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On the 25th June, I asked the following questions which you
never answered:
The sign you have shown us clearly states that parking outside
of the hours advised is verboten. Was the car park for KFC and
it did not open until 10am but you parked there and went to the
McDs which is a separate car park? How are the two car parks
delineated? Are they both operated by PE? What do the signs for
the McDs car park state?
Interestingly, the new Joint CoP recently published and
according to their blurb, became effective on the 27th June
2024, has a clause at 17.2.1 which states:
[indent]17.2. Parking Charges
[indent]17.2.1. All parking charges which are issued including:
[indent]a) Unique identifier (Parking Charge Number)
b) Date of contravention
c) Time of contravention
d) Date of issue of first notice
e) Location including outward postcode
f) Reason for issue (contravention)
g) Status
Paid at the appeals charter reduced rate, paid at the reduced
rate, paid full rate, cancelled, unpaid, paid at escalation
stage.[/indent][/indent][/indent]
Does your NtK state the post code of the location of the alleged
breach of contract?
#Post#: 29101--------------------------------------------------
Re: Parking Eye PCN - 0 Hours 0 Minutes - KFC Walkden, Salford
DIR By: bdu7
Date: July 8, 2024, 8:40 am
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My apologies b789 I must have missed that when replying last.
I've attached a map of the layout of the parking at this
location. There are two car park areas in that part of the
retail park. You are correct, the car was parked on the 'KFC
side' (blue), and the driver went to McDonalds - which also has
it's own parking area but that seems to be part of the drive
thru. I'm not aware of any signs in the other parking area
(red), and the driver won't be going back there for quite a
while to check. There also isn't anything indicative on google
maps unfortunately.
Parking areas
HTML https://www.dropbox.com/scl/fi/55u9n2mmy5nupjpzm7rhv/Screenshot-2024-06-25-at-22.02.00.jpg?rlkey=ei5gtid2ftxv0tv3igpj1ulo7&dl=0
The NtK simply states 'KFC ELLESMERE CENTRE, WALKDEN' there is
no postcode listed anywhere within their documentation.
Thanks :)
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