DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 60651--------------------------------------------------
Parking Eye PCN - Overstay - ASDA Crawley
DIR By: crawley123
Date: March 5, 2025, 4:30 am
---------------------------------------------------------
Hi forum
I (as registered keeper) have received the below PCN from
parkingeye.
The incident - the driver used the ASDA car park for a visit to
the nearby hospital to attend an appointment, as it has a
certain amount of time free parking. the appointment overran
significantly, the driver returned to the car and tried to pay
for the parking and the machine said they were over the allowed
time and could not make a payment. the driver then left the car.
Am I able to appeal this PCN on the basis they have sent this to
the registered keeper and are not aware who the driver was?
[attachment deleted by admin]
#Post#: 60655--------------------------------------------------
Re: Parking Eye PCN - Overstay - ASDA Crawley
DIR By: jfollows
Date: March 5, 2025, 4:36 am
---------------------------------------------------------
As long as Parking Eye has complied with the Protection of
Freedoms Act, which it believes it has, the liability for the
payment of the invoice can be transferred to the registered
keeper from the (unknown) driver. So does this comply with PoFA?
If you don’t know, others will advise.
HTML https://www.legislation.gov.uk/ukpga/2012/9/contents
#Post#: 60762--------------------------------------------------
Re: Parking Eye PCN - Overstay - ASDA Crawley
DIR By: b789
Date: March 5, 2025, 11:12 am
---------------------------------------------------------
TheNtK does not comply fully with all the requirements of PoFA.
However, the point has not been argued at court, even though a
district judge agrees with me that should it ever be raised in
their court, it should be a valid argument.
It is up to you if you are prepared to fight this all the way to
a court hearing, should it ever get that far. Any initial appeal
will be rejected and there is a slim chance a moronic POPLA
assessor will agree because their understanding of the law is
flawed.
The Notice to Keeper (NtK) is not compliant with PoFA
9(2)(e)(i).
So, in order to save some time, are you prepared to fight this
all the way?
#Post#: 60868--------------------------------------------------
Re: Parking Eye PCN - Overstay - ASDA Crawley
DIR By: crawley123
Date: March 6, 2025, 5:15 am
---------------------------------------------------------
So you are saying if we appeal it it will be rejected by
parkingeye automatically and then it is up to chance if POPLA
agree or disagree?
I am not sure I am willing to go to court over this to be
honest.
#Post#: 60942--------------------------------------------------
Re: Parking Eye PCN - Overstay - ASDA Crawley
DIR By: ixxy
Date: March 6, 2025, 8:03 am
---------------------------------------------------------
They will reject your appeal if your appeal is based on b789
believing the ntk is not POFA compliant as will POPLA, will need
to go to court to get a decision. On the face of it you are
exactly the sort of motorist ASDA are obviously trying to
dissuade from using their customer car park.
Options are
1. Accept the driver didn't adhere to the terms of the contract
and that you can probably be held liable, pay the invoice.
2. Look for another avenue of legitimate appeal, e.g.
frustration of contract (car broke down, medical emergency etc.
going to a hospital appointment which over ran doesn't count,
would need to have been whilst shopping in Asda or similar).
Other potential appeals grounds would be defective, inadequate
or missing signage, onus would be on you to prove.
3. Rely on the argument that the ntk may not be fully POFA
compliant and hope a judge agrees with you.
*****************************************************
Page 1 of 1