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#Post#: 59893--------------------------------------------------
Re: Parking Eye PCN
DIR By: b789
Date: February 27, 2025, 10:22 am
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Just respond with the following:
--- Quote ---
> Subject: Formal Response to Appeal Rejection – Request for
POPLA Code
>
> Dear ParkingEye,
>
> I refer to your recent response regarding my appeal against
Parking Charge Notice [PCN Reference Number]. Your letter
falsely claims that I have stated I was not the driver, which is
entirely untrue. Nowhere in my appeal did I make such a
statement.
>
> Furthermore, your response attempts to mislead me into
believing I am legally obligated to name the driver. As you are
well aware, there is no legal obligation on the registered
keeper to do so. Your insistence that I provide such
information, coupled with your distortion of my appeal, is
deeply concerning and will be reported to the DVLA as a
potential breach of your KADOE contract.
>
> Regarding PoFA compliance, simply quoting PoFA 9(2)(b) does
not rectify the fundamental failure of your NtK to meet all the
conditions required under Schedule 4. In particular, your NtK
fails to comply with PoFA 9(2)(e)(i), as it does not include the
required invitation for the Keeper to pay the charge. Instead,
it states that only the driver is liable and directs the Keeper
to pass on the notice. Given that there is no legal requirement
for the Keeper to identify the driver, your letter is misleading
and appears to be an attempt to intimidate me into providing
information I am under no obligation to disclose to an
unregulated private parking company.
>
> I now require you to either cancel this PCN or provide me with
a POPLA code to escalate this matter to independent
adjudication. Should you refuse or continue to misrepresent your
position, I will have no hesitation in reporting your conduct to
the DVLA, BPA, and ICO for misleading communications and
potential data protection breaches.
>
> Yours sincerely,
>
> [Your Name]
--- End Quote ---
#Post#: 59911--------------------------------------------------
Re: Parking Eye PCN
DIR By: H C Andersen
Date: February 27, 2025, 2:08 pm
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The NTK merely notifies(or should notify) the keeper, in
accordance with PoFA, that they may be held liable for the
driver's liability. You cannot require the creditor to cancel
this parking charge ('cancel the PCN') simply because the NTK
does not comply with PoFA, the parking charge at its heart is a
matter between the creditor and the driver. As keeper, the limit
of your appeal is that the creditor may not hold you liable.
They may still pursue the driver because this has nothing to do
with the keeper as such.
#Post#: 59912--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: February 27, 2025, 2:09 pm
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Hi
I have sent the responce for second appeal appeal to their
fishing mail.
What are the chances of the proceeding to POPLA. Would Parkey
Eye continue fishing and increase the PCN or allow the reduced
amount.
#Post#: 59919--------------------------------------------------
Re: Parking Eye PCN
DIR By: DWMB2
Date: February 27, 2025, 3:23 pm
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--- Quote from: H C Andersen link ---
>
> You cannot require the creditor to cancel this parking charge
('cancel the PCN') simply because the NTK does not comply with
PoFA
>
--- End Quote ---
The suggested appeal does not require that. It requires them to
either cancel the parking charge or issue a POPLA code, which,
given that ParkingEye don't know who was driving, are the only
two options they can realistically take.
--- Quote ---
> What are the chances of the proceeding to POPLA.
--- End Quote ---
High. There's no money to be made out of accepting appeals.
#Post#: 59946--------------------------------------------------
Re: Parking Eye PCN
DIR By: H C Andersen
Date: February 28, 2025, 4:48 am
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The draft I read stated: 'I now require you to either cancel
this PCN or provide me with a POPLA code...'
But IMO the NTK is not a demand for money, it's (or should be)
advice and information(9(2)(b),(c) and (d)), an
invitation(9(3)(e)) and notification about prospective
rights(9(2)(f)). I don't see how this can be 'cancelled' because
it's a requirement of PoFA.
People often confuse a PCN - which is not referred to in PoFA-
with 'parking charge', which is.
#Post#: 59948--------------------------------------------------
Re: Parking Eye PCN
DIR By: DWMB2
Date: February 28, 2025, 4:56 am
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I'm not sure that nit-picking the difference between a parking
charge, and a parking charge notice (the latter simply being
notice of the former) is of much material benefit to the OP or
their course of action, and therefore what you are getting at
with your point.
Let's focus on helping the OP rather than debating which one of
us has the most technically correct interpretations of the
relevant terms.
#Post#: 63233--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: March 19, 2025, 9:04 am
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Hello,
I have today received the below via email declining my appeal,
would welcome any support.
HTML https://imgur.com/a/CCma4Vt
HTML https://imgur.com/a/CCma4Vt
[attachment deleted by admin]
#Post#: 63254--------------------------------------------------
Re: Parking Eye PCN
DIR By: b789
Date: March 19, 2025, 10:47 am
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DO a forum search for POPLA appeals to get an idea of how to
present one.
#Post#: 63279--------------------------------------------------
Re: Parking Eye PCN
DIR By: Cosmos2000
Date: March 19, 2025, 1:53 pm
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The dont apprear to have provided a POPLA reference, think it
may be eaiser to settle at the reduced price.
#Post#: 63280--------------------------------------------------
Re: Parking Eye PCN
DIR By: DWMB2
Date: March 19, 2025, 2:24 pm
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Is there not one above where it says "Dear Sir/madam"? That's
often where they put the code.
If they haven't provided one, you should urgently email to
demand one.
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