Hi, I'm looking for a bit of advise. I appealed to ParkingEye against a PCN on the basis that the alleged offence took place on 12th June 2017 but they did not issue the PCN until 15th Oct 2017 so no registered keeper liability could be assumed. However, it has been rejected.

Do I now just appeal to POPLA?

ANPR or windscreen ticket. Either way theyre well out of time. Parking eye almost always reject appeals anyway. Theyd never make any money of they were fair and allowed it.

ANPR or windscreen ticket. Either way theyre well out of time. Parking eye almost always reject appeals anyway. Theyd never make any money of they were fair and allowed it.

It was an ANPR. So do I just go right ahead and appeal to POPLA?

POPLA cannot consider this because their remit is very limited.

You wont get a different result.

That doesnt mean that appealing will do any harm though and will cost PE money as well.

If you want help with your appeal to POPLA then it may be wise to find a few other things to stick them with such as their right to enter into contracts, quality of signage etc so tell us about the where as well as the when.

What reaon was given for rejection?

Again that can make a difference in the long run if you are up for fighting this all the way

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

1 Date of the infringement 12th June

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 15th Oct

3 Date received 17th Oct

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? {y/n?] post up you appeal]

Have you had a response? [Y/N?] post it up

- Yes I appealed and it was rejected

7 Who is the parking company? Parking Eye

8. Where exactly [carpark name and town] Morrisons in Chorlton, Manchester.

Theyve made so many mistakes, they would be stupid to go anywhere near a court for this. Also, no morrisons has planning permission for paid car parking unless it was an old safeways they inherited. And even then its rare.

out of time if it was ANPR capture.

id just ignore it and keep my cards ready for if theyre stupid enough to go to court. Costs them money and you could claim costs. basically theyre trying to bluff you. standard part of their business practice, and sadly many thousands of drivers fall for it.

If they had to obey the laws in place where they ply their trade they wouldnt make a penny.

They are happy to lie to courts and lied in their evidence to the Supreme Court

but the Beavis side didnt pick up on that in time

so dont expect them to suddenly just admit they are wrong an tell you to forget it.

However,

it is not too late to complain to Morrisons CEO about the criminality of their servants

and how they are abusing a position of trust to make money where none is due and what are they going to do about it?

you may well find that as with most other Morrisons stores the parking co's days will be numbered.

Most of the residual contracts will be not renewed when they expire as Morrisons have had enough so add to the pressure.

I made my appeal to POPLA and have had a response from Parking Eye.

In their evidence they have shown that they did not apply for keeper details until almost 4 months after the event.

However, they have also stated the following:

"Not making use of Keeper Liability provisions:

‘To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly.

Usually this would be applying to the DVLA no more than 28 days after the unauthorised parking event.’

This suggests that that there are exceptions whereby keeper details may need to be applied for outside of the 28 day period.

In this case this includes the PCN concerned ..XXX+XXX... and we can confirm that the Parking Charge was issued correctly.

Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012.

As such, the appellant’s comments regarding the Parking Charge Notice being issued incorrectly are not relevant in the case."

Does anyone know what that means?

The PCN was not issued under the protection of freedoms act?

I have 7 days to respond before POPLA make a decision.

Popla isnt binding on you. They were out of time, so it doesnt matter what excuse they use.

so did you contact morrisons as advised?

so did you contact morrisons as advised?

I hadn't actually seen that before I appealed to POPLA so unfortunately no.

Too late? I saw the post about it having to be an old Safeway, and I know this one was.

as I've already started this process I'm wondering how to respond.

I saw the comment about POPLA not being binding on me but a decision in my favour would still be preferable I guess?

Never too late.

Contact morrisons head office. Tell them that you parked, and The PPC are chasing you even though they have not complied with regulation or the law, and are still chasing you. Tarnishing their name.

as for popla, their decision is binding on the PPC. But only the decision. They still cant override law or regulation.

I mean come on, theyre trying to say that the PPC are allowed to chase you and ignore the POFA

you weren't told to appeal to popla anyway

we knew it was already OOT

now you've a pile of useless bogpaper to shred

you weren't told to appeal to popla anyway

we knew it was already OOT

now you've a pile of useless bogpaper to shred

Well actually someone posted "That doesnt mean that appealing will do any harm though and will cost PE money as well." and I had read other posts on here that had been successful.

Well actually someone posted "That doesnt mean that appealing will do any harm though and will cost PE money as well." and I had read other posts on here that had been successful.

No harm done. Ultimately it won't matter either way. ParkingLie will probably end up trying to take you to court, but you've got absolutely nothing to worry about on that score. As they haven't complied with POFA, they can only go after the driver. You have no obligation to name the driver, and ParkingLie have no way to find out who was driving, unless you tell them (which isn't going to happen).

So, they're a bit stuck really. Whist they might try to take you to court as the Vehicle Keeper, it's nothing to do with you so they'd be suing the wrong person. Easy court win for you! And maybe a counter claim for misuse of your personal data and all your expenses

and also if they are dumb enough to go to court, ensure you add in morrisons so they have to call a morrisons rep as well.

Ensure you contact morisons head office as well and add all this to your complaint. Im pretty confident they will cancel it. Parking eye and euro carparks do this a LOT and many people pay up without question.

It means that PE have lied to POPLA and they believed it.

So take them at their word,

they are not using keeper liability

so they must show that you were driving at the time.

I hope they have some nice pictures of you reading their signs and looking thoughtful otherwise they are stuffed.

If you still have the NTK then we would like to see it as the wording should be VERY different to their usual demands

I made my appeal to POPLA and have had a response from Parking Eye.

 

In their evidence they have shown that they did not apply for keeper details until almost 4 months after the event.

 

However, they have also stated the following:

 

"Not making use of Keeper Liability provisions:

‘To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly.

Usually this would be applying to the DVLA no more than 28 days after the unauthorised parking event.’

 

This suggests that that there are exceptions whereby keeper details may need to be applied for outside of the 28 day period.

 

In this case this includes the PCN concerned ..XXX+XXX... and we can confirm that the Parking Charge was issued correctly.

 

Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012.

 

As such, the appellant’s comments regarding the Parking Charge Notice being issued incorrectly are not relevant in the case."

 

Does anyone know what that means?

 

The PCN was not issued under the protection of freedoms act?

 

I have 7 days to respond before POPLA make a decision.

Just a quick update. My appeal to POPLA was successful Thanks for all the advice, even if I didn't follow it to the letter.

Decision

Successful

Assessor Name

Georgina Riley

Assessor summary of operator case

The operator’s case is that the appellant’s vehicle parked at Morrison’s car park where the operator issued a Parking Charge Notice (PCN) for remaining at the car park for longer than the stay authorised or without authorisation.

Assessor summary of your case

The appellant’s case is that the PCN was issued too late to establish keeper liability. The appellant states that the date of the alleged contravention was the 12 June 2017 and the PCN was not issued until 6 October 2017 and was received on 8 October 2017. The appellant has provided a photograph of part of the PCN as evidence.

Assessor supporting rational for decision

Upon review of the notice sent to the keeper, I can see that the operator has not referenced that they are attempting to transfer the liability for the PCN from the driver of the vehicle to the keeper of the vehicle using the Protections of Freedoms Act 2012 (PoFA 2012), and so in its mind, the operator continues to hold the driver responsible. As the operator is not seeking to pursue the keeper under PoFA, only the driver can be held liable for the charge. However, after considering the evidence, I am unable to confirm that the appellant is in fact the driver As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge.

Well done

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Dx

well done.

Despite POPLA straining to find a reason to allow PE to try and get their way they were forced to admit that PE had got it all wrong.

I suspect that PE knew this wouldnt end up well for them so dropped their hands.

If only the parking world was so pragmatic the majority of the time.

Make sure to file a formal complaint to david potts in morrisons head office

Hi

Only just saw this today so well done.

PE are trying to have its cake and eat it as well. As members of the BPA trade group, there is a code to follow. this is guidance but must be followed otherwise they may get booted out of the group. Parking Eye agreed to using this process to remain a member of the BPA and should follow POFA 2012.

Changing their mind to not use POFA in this case is purely administrative as they knew they were screwed from the time they got round to getting the keeper details. Very sneaky and underhanded normal practice from PE then.

I would have thought that the BPA would have given PE a sanction for this blatant breach of the rules. I would also complain to the DVLA as PE flouted POFA to get your details. Under POFA they should have got the keeper details and posted the NTK to arrive at your address within 14 days, not 4 months later so PE have also breached their agreement with the DVLA to get automated access to the database.

Absolutely complain to Morrisons. The employed PE so should act for you in this matter. (Oh yes, Asda are loads cheaper too)