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#Post#: 51812--------------------------------------------------
Private Parking Charge Notice from Parkingeye, Home Bargains,
Shipley
DIR By: Waggytail
Date: January 3, 2025, 4:59 pm
---------------------------------------------------------
Hello Everyone
Today a Private Parking Charge Notice Reminder was received from
ParkingEye for overstaying at the Home Bargains Car Park in
Shipley. The original PCN has not been received by the
registered keeper of the vehicle.
There are essentially two Home Bargains stores in Shipley, one
under construction which will share a car park with Lidl when
complete and another in the market square that does not have a
car park.
The driver shopped at Lidl on 18th December 2024 but they have
no record of the transaction as they paid in cash and did not
keep the receipt.Today the registered keeper received a PCN
Reminder from ParkingEye alleging that the allowed time of 2
hours was exceeded by 21 minutes.
Do I, as the registered keeper have any grounds for appealing
this ticket?
[attachment deleted by admin]
#Post#: 51825--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: RichardW
Date: January 4, 2025, 3:27 am
---------------------------------------------------------
Try and get a copy of the original PCN. Do not let on who was
the driver! Parking Eye are not usually compliant with POFA to
transfer liability to the keeper, and you have vague location as
well. Don't worry about the discount, hold your nerve with
assistance from here and you will almost certainly get 100%
discount.
#Post#: 51827--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: January 4, 2025, 3:53 am
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Thank you. I have been to their website and it does detail the
postcode. Should I request the PCN by starting the appeals
process or just by telephoning them? The only number they give
is the payment telephone line.
#Post#: 51828--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Dave65
Date: January 4, 2025, 4:14 am
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Do not get into the issue of telephoning these PPC`s or debt
collectors.
They may well try to get you to identify the name of the driver.
Can you get photos of the signage?
#Post#: 51836--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: January 4, 2025, 5:05 am
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Make a formal complaint to ParkingEye highlighting that you did
not receive the original NtK and that the Reminder Notice does
not satisfy the legal requirements of Paragraph 9 of Schedule 4
of PoFA 2012, which mandates that a Notice to Keeper must be
served within 14 days of the alleged parking contravention.
--- Quote ---
> Subject: Formal Complaint – Failure to Issue a Compliant
Notice to Keeper (PCN: [PCN Number])
>
> Dear ParkingEye Complaints Department,
>
> I am writing to raise a formal complaint regarding the
handling of Parking Charge Notice (PCN) reference [PCN Number],
issued in relation to vehicle registration [Vehicle
Registration]. I have recently received a Reminder Notice, but I
must make it clear that I did not receive the original Notice to
Keeper (NtK) that you claim was sent.
>
> As the registered keeper of the vehicle, I am fully aware that
under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA),
you are required to serve a valid NtK within 14 days of the
alleged parking event in order to transfer liability to the
keeper. Since no NtK was received, your Reminder Notice does not
meet the requirements of PoFA.
>
> I now require strict proof that the original NtK was both
issued and delivered in compliance with PoFA. This proof must
include:
>
> [indent]• A copy of the original NtK, and
>
> Either:
>
> • Proof of posting (such as a Royal Mail Certificate of
Posting), or
>
> •Proof of delivery (such as tracking details or confirmation
of receipt).[/indent]
>
> For the avoidance of doubt, this is a formal complaint, not an
appeal. I am not appealing the PCN at this stage, and any
attempt to treat this complaint as an appeal would be
inappropriate and contrary to my stated intent. I require the
information requested in order to fully assess whether the
Notice to Keeper you claim to have sent was compliant with PoFA.
>
> Should you fail to provide strict proof of compliance with
PoFA, you must acknowledge that keeper liability cannot be
enforced, and I require confirmation that you will cease
pursuing me, as the registered keeper, for this charge.
>
> Please note that any continued pursuit of keeper liability
without providing the requested proof will constitute a
procedural failure on your part. I reserve the right to escalate
this matter to the British Parking Association (BPA), the
Information Commissioner’s Office (ICO), and refer to it in any
formal defence or counterclaim should you attempt to take this
matter further.
>
> I expect you to give this matter your immediate attention and
provide a copy of the original NtK along with the requested
evidence of its issuance and delivery.
>
> Yours sincerely,
>
> [Your Name]
> Registered Keeper
--- End Quote ---
#Post#: 51846--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: January 4, 2025, 6:28 am
---------------------------------------------------------
I appreciate your help. I have submitted a complaint and have
received an immediate acknowledgement stating they will respond
within 28 days.I presume I now wait until I get a formal
response from them. Thank you.
#Post#: 54474--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: January 22, 2025, 5:56 am
---------------------------------------------------------
Hello. I have had the following response to my complaint. Not
sure where I go from here so any advice is appreciated.
"We are writing in relation to your below enquiry.
We would like to highlight that Parkingeye are member of the
British Parking Association and operate in line with the Private
Parking Sector Single Code of Practice. All our signage and
processes are compliant with the code of practice.
We can confirm our records show that correspondence was issued
via the post on 21/12/2024 and 30/12/2024. (Please see the
attached copies of the correspondence).We do appreciate your
frustrations regarding the postal issues; however, any Royal
Mail postal issues are unfortunately out Parkingeye’s control.
If you do wish to submit an appeal, please do so by completing
the appeals form via the driver portal on our website. This can
be found by clicking the link below, or by post to Appeals
Department, Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ.
www.parkingeye.co.uk/appeal
Until then, Parking Charge xxxxxxx remains outstanding.
Payment can be made by telephoning 0330 555 4444, by visiting
www.parkingeye.co.uk/payments or alternatively by posting a
cheque/postal order to Parkingeye Ltd, PO Box 117, Blyth, NE24
9EJ.Please ensure you write your reference number on the reverse
of any cheque/postal order so the payment can be allocated."
#Post#: 54524--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: January 22, 2025, 9:07 am
---------------------------------------------------------
Did they include an "Proof of posting" certificate? If not,
respond with the following:
--- Quote ---
> Subject: Follow-Up to Formal Complaint – Failure to Issue a
Compliant Notice to Keeper (PCN: [PCN Number])
>
> Dear ParkingEye Complaints Department,
>
> Thank you for your response dated [date]. However, it does not
adequately address the formal complaint raised regarding your
failure to demonstrate compliance with Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA).
>
> Your response does not provide strict proof that the original
Notice to Keeper (NtK) was both issued, posted and delivered in
compliance with PoFA requirements. Simply stating that
correspondence was "issued" on specific dates does not suffice.
To clarify, I require:
>
> [indent]• A copy of the original NtK
>
> • Proof of posting (e.g., a Royal Mail Certificate of Posting)
or;
>
> • Proof of delivery (e.g., tracking details or confirmation of
receipt)[/indent]
>
> Without such proof, you cannot enforce keeper liability under
PoFA.
>
> Additionally, I must reiterate that this is a formal
complaint, not an appeal. Referring me to your appeal process or
claiming Royal Mail postal issues as a defence is irrelevant. If
you cannot provide the requested proof, you must confirm in
writing that keeper liability is unenforceable, and cease all
further correspondence pursuing this charge.
>
> If you fail to adequately address this complaint, I will
escalate the matter to the British Parking Association (BPA) and
the Information Commissioner’s Office (ICO) for investigation. I
will also reference your procedural failings in any formal
defence or counterclaim should you attempt to take this matter
further.
>
> I expect your response within 14 days.
>
> Yours sincerely,
>
> [Your Name]
> Registered Keeper
--- End Quote ---
#Post#: 54548--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: Waggytail
Date: January 22, 2025, 9:59 am
---------------------------------------------------------
Thanks for this. I have just noticed that they put at the end of
their email that they have now closed the complaint and that
their response is final so do I raise a new complaint or
continue to reference the original complaint number?
#Post#: 54549--------------------------------------------------
Re: Private Parking Charge Notice from Parkingeye, Home
Bargains, Shipley
DIR By: b789
Date: January 22, 2025, 10:00 am
---------------------------------------------------------
So why didn't you show us the whole response? Just send it
anyway and if there is no reply within 10 days, come back and we
can prepare a formal complaint to the BPA.
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