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#Post#: 83797--------------------------------------------------
Parkingeye Parking Charge Halifax
DIR By: Sam27
Date: August 2, 2025, 8:44 am
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** EDITED, thanks @jfollows **
The registered keeper (who was not the driver) received the
following charge, it states 'Parking Charge Notice Reminder'
however the first notice has never been received!
Having looked at the forum I've noticed a similar topic before,
where [member=103]DWMB2[/member] advised that APCOA don't comply
with Schedule 4 of POFA, this is Parkingeye
Can I use the same defence, there seems to be some differences
in the PCN's?
--- Quote ---
>
>
>
> 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 not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
>
> 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,
>
>
--- End Quote ---
[attachment deleted by admin]
#Post#: 83798--------------------------------------------------
Re: APCOA Parking Charge Halifax
DIR By: jfollows
Date: August 2, 2025, 8:46 am
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Parking Eye, not APCOA.
However, Parking Eye does not appear to be using PoFA 2012,
indeed.
#Post#: 83799--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: Sam27
Date: August 2, 2025, 8:56 am
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Thanks for pointing that out, this is Broadway Retail Park
whereas that was Broad Street Plaza, both in Halifax.
Can I still use the same defence?
#Post#: 83821--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: b789
Date: August 2, 2025, 1:35 pm
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ParkingEye never refer to PoFA in a reminder. It is the original
Notice to Keeper (NtK) that counts. Reminders are irrelevant.
What we have seen is a reminder, hence no mention of PoFA.
We know for a fact that ParkingEye always use PoFA in their
original NtKs. It is never fully compliant as they always fail
to comply with paragraph 9(2)(e)(i), but trying to convince them
otherwise POPLA is a bit of a no-go. In court it would be a
different matter, as long as it was explained why,
The alleged contravention is that the vehicle was not an EV but
parked in an EV charging bay for around 26 minutes. Is that the
case?
#Post#: 83834--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: Sam27
Date: August 2, 2025, 3:40 pm
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Hi b789,
Many thanks for responding, yes that is correct ref the EV
charging bay, I have not been sent the original NtK.
I have looked at their evidence on their website where they have
shared the images, please see attached. You can see the images
are very dark, there is no evidence where the car is parked and
they are relying on this only to claim the car was parked in an
EV bay.
There is nothing else apart from the reminder notice that I
shared earlier.
[attachment deleted by admin]
#Post#: 83876--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: b789
Date: August 3, 2025, 7:42 am
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So why did the driver park a non EV in an EV charging bay?
#Post#: 83881--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: Sam27
Date: August 3, 2025, 7:56 am
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In all honesty, I don't know 100% as I'm only the registered
keeper, they are telling me they didn't realise, it was late in
the evening and they went for a bobba tea!
There are a number of bays and they claim they've seen other
people park their non-ev vehicles there albeit at other times.
HTML https://emoji.tapatalk-cdn.com/emoji54.png
#Post#: 83909--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: b789
Date: August 3, 2025, 12:12 pm
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SO, there's no evidence of the vehicle parked in an EV bay. Are
you sure there are not other images on their website? Perhaps if
you posted their evidence pack on Google Drive, we could have a
look and have a better idea of your options.
#Post#: 83916--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: Sam27
Date: August 3, 2025, 12:45 pm
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There is no evidence pack, I've logged onto their appeals page
and the only options I have are as per the image below, when I
click on 'view photographic evidence', I am shown the pics I
shared earlier that show the cars reg number, it does not show
anything else.
I asked the driver to go back to site and they are 90% certain
that they did not park on the EV bays, they parked in the bays
next to the EV bays, once again see pics attached grabbed from
the video they shared.
At the risk of repeating myself, this is the only letter I've
received, nothing else, plus it looks like someone took pics of
the car but did not take any other pics?
[attachment deleted by admin]
#Post#: 83938--------------------------------------------------
Re: Parkingeye Parking Charge Halifax
DIR By: b789
Date: August 3, 2025, 2:47 pm
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So, appeal with the following:
--- Quote ---
> I am the registered keeper of vehicle [REGISTRATION], and I am
writing in response to your Parking Charge Notice Reminder (Ref:
[REFERENCE]).
>
> I note that no original Notice to Keeper (NtK) has been
received. As such, you have failed to comply with Schedule 4 of
the Protection of Freedoms Act 2012, which requires a compliant
NtK to be served within the prescribed timeframe and to include
the mandatory invitation for the keeper to pay under paragraph
9(2)(e)(i).
>
> Furthermore, your photographic evidence is insufficient to
demonstrate that the vehicle was parked in an EV charging bay.
The images do not show the location of the vehicle relative to
any signage or bay markings, nor do they establish that any
contravention occurred.
>
> As you have not established keeper liability and have failed
to provide adequate evidence of the alleged breach, I require
that this charge be cancelled. Should you choose to reject this
appeal, you must issue a POPLA code.
--- End Quote ---
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