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#Post#: 57880--------------------------------------------------
Parking Eye PCN
DIR By: Cosmos2000
Date: February 12, 2025, 3:59 pm
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Hello
This came through today and looking to see if there is any
chance to appeal.
This is car park in Quinton with an Asda, Starbuck and Subway.
We have contact Starbucks they said to contact Asda who are
unabel to also assist. We have no receipt of purchase as paid
cash on the day.
I have noticed the signs are poor with more signs on exit than
entering.
#Post#: 57881--------------------------------------------------
Re: Parking Eye PCN
DIR By: DWMB2
Date: February 12, 2025, 4:08 pm
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Those images are illegibly small, and you have obscured
important information.
To help us provide the best advice, please read the following
thread carefully and provide as much of the information it asks
for as you are able to: READ THIS FIRST - Private Parking
Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/.
The quality of advice we are able to give corresponds to the
quality of information you provide us - you'll get much better
advice if you give us a bit more context than "This came through
today and looking to see if there is any chance to appeal".
#Post#: 57883--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: February 12, 2025, 4:23 pm
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Appologies new immages loaded
HTML https://imgur.com/ie8iVvN
HTML https://imgur.com/CjJqsYK
#Post#: 57899--------------------------------------------------
Re: Parking Eye PCN
DIR By: b789
Date: February 12, 2025, 7:24 pm
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Fails PoFA 9(2)(e)(i) and PPSCoP. Big bold error on the front
regarding payment due date which also negates the PoFA 9(2)(f)
wording on the back.
Easy one to deal with… as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> Subject: Appeal – Parking Charge Notice [PCN Reference]
>
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement, and I
will be making a complaint about your misleading and unfair
practices to your client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving, and no inference or assumptions
can be drawn.
>
> Your NtK contains contradictory information regarding the
timeframe for payment and liability, as it incorrectly states
very clearly and prominently on the front that debt recovery
action will commence after 28 days from the issue date rather
than from the date the NtK is given, as required by PoFA
Schedule 4, Paragraphs 9(2)(f) and 9(6). This misleading and
prominent error invalidates PoFA compliance.
>
> The NtK also fails to comply with PoFA paragraph 9(2)(e)(i).
PoFA requires wording that explicitly links the Keeper to the
payment obligation, either by inviting them to pay the charge or
provide the driver’s details. The NtK only states that the
driver is liable and provides payment instructions for the
driver, with no indication that the Keeper can or is invited to
pay. PoFA compliance must be explicit, and implied obligations
do not suffice. Therefore, Keeper liability does not apply.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under any misinterpretation of the
law of agency. Your NtK can only hold the driver liable. You
have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 57990--------------------------------------------------
Re: Parking Eye PCN
DIR By: ixxy
Date: February 13, 2025, 12:15 pm
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Big bold error on the front regarding payment due date which
also negates the PoFA 9(2)(f) wording on the back.
Which you will undoutedly need to get a judge to agree with,
that looks like a standard Parkingeye PCN. They have in-house
lawyers who will be all over the wording to makesure it is
compliant and isn't easy to defeat in court despite what b789
states. It'll probably not get to court but its up to you
whether you wish to risk that and then navigate through the
paperwork required to successfully defend a court claim.
#Post#: 58004--------------------------------------------------
Re: Parking Eye PCN
DIR By: b789
Date: February 13, 2025, 1:27 pm
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"Big bold error on the front regarding payment due date" also is
in breach of the PPSCoP section 8.1.2(e) because that is the
only section of the CoP where "28 days" is actually defined. It
is "within 28 days of receiving the parking charge" and
"receiving" is defined at Note #2.
Non compliance of the PPSCoP is grounds for POPLA to cancel the
charge which is a bridge to cross when we come to it.
#Post#: 58022--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: February 13, 2025, 3:00 pm
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Appreciate the help and suppport, appeal sent as above no
mention of driver. I have recieved an Parking Eye aknowledging
and will consider the appeal within 28 days. Will revert back
with an update.
Thanks
#Post#: 59880--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: February 27, 2025, 8:43 am
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Hello, I have receievd the below email from Parking EYE
following my appeal. Appreciate any support.
The email says the below with the attached document below.
Dear Sir / Madam,
We are writing to you to in relation to the Parking Charge
incurred on *February 2025 at***, at ****** car park.
Please find attached information concerning your appeal.
Kind Regards,
Parkingeye Team
HTML https://imgur.com/a/heq02h0
#Post#: 59886--------------------------------------------------
Re: Parking Eye PCN
DIR By: jfollows
Date: February 27, 2025, 9:45 am
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Standard fishing letter from Parking Eye trying to get you to
name the driver, so ignore, they will reject your appeal “after
careful consideration” which is funny because they always do,
but they will provide a POPLA code when they do.
#Post#: 59890--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: February 27, 2025, 10:08 am
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If ignore they provide POPLA code do appeal and if unsuccessful
still allowed to pay the reduced fine.
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