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#Post#: 30203--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: WhoLetTheScamsOut
Date: July 17, 2024, 12:22 pm
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OP i visit this asda quite frequently. I will go down tonight
during the late hours and check for you if signs are visibly
lit.
#Post#: 30345--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: Azura94
Date: July 19, 2024, 5:38 am
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Hello,
I would like to write my appeal today, is there any advice based
on the information I've given above that might help?
Thank you.
#Post#: 30358--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: b789
Date: July 19, 2024, 6:55 am
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You have said that the driver was aware that there are
restrictions but chose to ignore them. From GSV, over various
dates, there is some ambiguity in the signage you could argue as
some signs simply say "3 hours max" although I did see one with
the restricted times on it. However, they all say "for use only
whilst shopping in store".
The entrance sign is also ambiguous, as it only says "3 hours
max".
I would recommend, for now, simply sending the generic appeal
response with a minor tweak as follows:
Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 (PoFA).
You have failed to fully comply with all the requirements of
PoFA, namely paragraph 9(2)(e)(i) in that you have not "invited"
(nor any other synonym of the word) me, as the keeper, to pay
the charge. You will be well aware that partial or even
substantial compliance with all the requirements of PoFA is not
enough to hold the keeper liable for the charge. Only full
compliance is acceptable. As such, your Notice to Keeper (NtK)
does not meet all the requirements of PoFA to be able to
transfer liability for the charge from the driver to the keeper.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,
#Post#: 30363--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: DWMB2
Date: July 19, 2024, 7:12 am
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So that you're going into this with your eyes open, ParkingEye
are very likely to reject any appeal, so you'll probably be
going to POPLA. I'm not sure if that specific point mentioned in
b789's suggested appeal has been tested at POPLA (I'm not aware
of any myself) - if I were a betting man, my money would be on
them rejecting the point, but predicting what POPLA will do is
never an easy task.
#Post#: 30573--------------------------------------------------
Re: ParkingEye PCN - Overstayed parking - ASDA, Isle of Dogs,
London
DIR By: Azura94
Date: July 21, 2024, 5:12 am
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Thank you very much for the appeal template, I've sent it off
now. Will update the thread once I get a response.
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