PCN from Parking eye

[oddjobbob]

Hi all will be glad of any assistance.

 

 

Have today received a PCN done by ANPR from PE for parking near a doctors surgery to collect an emergency prescription. Was there 18 mins.

 

 

Says £100 or £60 if paid within 14 days etc, usual old rubbish.

 

 

The timings appear to be in line, 'offence' was on 13/3, received today 25/3.

 

 

Is my first step to appeal to PE on any grounds I choose eg. the driver did not notice any signs so no contract had been formed, wait for them to decline this appeal and then ask for a POPLA code so that I can appeal on GPEOL?

 

 

thank you

 

 

Bob

[DragonFly1967]

Pretty much hit the nail on the head there.... You've clearly done this before

[oddjobbob]

Thanks for response

I haven't actually done this before, but was going to send this?

 

 

I take it I just need proof of postage and not recorded delivery?

 

 

Appeals Dept.,

Parking Eye,

PO Box 565,

Chorley,

PR6 6HT

 

 

 

 

 

 

25th March 2015

 

 

 

 

 

 

Your ref: XXXX

 

 

 

 

 

 

Dear Sirs

 

 

 

 

 

 

I write further to your parking charge notice which I have received today.

 

 

 

 

 

 

The driver has informed me that he / she was extremely stressed on this particular day as they were collecting an emergency prescription from the doctors surgery nearby.

 

 

 

 

 

 

Due to this stress the driver failed to notice any signage.

 

 

 

 

 

 

Therefore I would request that this particular parking charge notice cancelled.

 

 

 

 

 

 

Should you deny this appeal please provide me with a POPLA code in order that I can make a further appeal to them.

 

 

 

 

 

 

Yours sincerely

[DragonFly1967]

It's as good as any, ParkingLie will reject it anyway (there's no money in accepting appeals), but it should be a fairly straightforward win at POPLA.

 

 

Out of interest, what does the car park in question serve? Is it by any chance for the use of patients/visitors to the doctors?

[oddjobbob]

Yes, it's a car park for a doctors surgery and a walk in NHS clinic.

 

 

no idea who owns the land, but obviously not council otherwise would have been a Penalty CN.

 

 

will get letter printed off and sent, let you know how it goes, expecting possible delay in getting pola code and usual theat o grams.

[DragonFly1967]

Oh this should be good....

Someone visiting the doctors surgery had the audacity to park in the surgery car park, and was then sent a parking charge notice for £100. Yeah, they're gonna win that one hands down

[ericsbrother]

ask the council planning dept if PE have planning permission for their signs. If no PP then signage illegally sited and therefore no contract can be formed. Simples..

[oddjobbob]

Thank you EB, is it as simple as just calling the planning department?

 

 

Anyway have sent off reply as above will wait for them to decline it then go to popla.

[oddjobbob]

There is 30 min free parking in this car park.

I lent this car to a relative as theirs was being serviced on the day.

 

 

To get the 30 min free you have to key in your registration number, and they keyed in their own and not ours.

 

 

Which I think makes no difference anyway, as free parking = free parking, the reg no nonsense would surely mean discrimination against anyone who was dyslexic?

[ericsbrother]

chances are the surgery CAN get the ticket cancelled but probly wont.

You will win the POPLA appeal as no loss caused to PE by your or the driver's actions.

[oddjobbob]

Had the reminder today telling me I only have two days left to pay the reduced charge. No POPLA code.

 

 

Have written back asking why they ignored my previous correspondence and asking once again for a popla code, and that I will not enter into any further correspondence unless they either drop the charge or provide a popla code.

 

 

Hope that's right!

[armadillo71]

Had the reminder today telling me I only have two days left to pay the reduced charge. No POPLA code.

 

 

Have written back asking why they ignored my previous correspondence and asking once again for a popla code, and that I will not enter into any further correspondence unless they either drop the charge or provide a popla code.

 

 

Hope that's right!

 

The remainder letter is computer generated and gets sent regardless of any appeal sent...

[oddjobbob]

Heard nothing from them since sending my follow up letter on 2nd April.

 

 

How long have they got to issue me with a POPLA code please?

[Cardiff Devil]

35 days from the date of the appeal. By my reckoning that gives them until May 7th.

 

Don't be tempted to write to them to remind them. If they fail to provide the POPLA code in time, then they have failed to comply with the terms of the Protection of Freedoms Act (POFA), meaning that they lose the right to chase the registered keeper for the charge.

[Ell-enn]

Did you send your letter by ordinary post? if so they will most probably deny receiving it.

[ericsbrother]

That doesnt matter, the law says that it is deemed delivered 2 days after posting and it will be for PE to prove it wasnt sent.

I know of someone who did argue that a letter wasnt sent as he claimed non delivery. The judge adjourned the hearing and ordered the person to pay £50 costs for the disruption thus allowing the person time to consider the contents of the (disappearing) letter.

[oddjobbob]

Yes I sent it by ordinary post and have a dated copy.

 

 

And I'm quite capable of playing dirty if they do, don't worry!

[oddjobbob]

Hi all

 

 

I now have the popla form to fill in.

 

 

is it satisfactory to do this online like they want?

 

 

also, on what grounds do I tick for not paying, would it be exceeding appropriate amount or simply not liable?

 

 

and, presumably, bearing in mind there was a free grace period but that the driver entered an incorrect registration number, my stance is that since no actual loss was incurred by either parking eye or the landowner then their £100 PCN cannot possibly represent a GPEOL as no loss was incurred?

[oddjobbob]

Not to worry..

 

 

have had a look through and appealed online using GPEOL and no loss incurred as within 'free' period allowed

 

 

will keep you all posted!

[oddjobbob]

appealed to popla under gpeol and free period not exceeded on 16th april.

 

 

received letter from parking lie today thanking me for my correspondence (this is AFTER refusing appeal) to say they are reviewing the matter and will be in contact shortly.

 

 

Presumably this will be an offer to 'settle' for their 'expenses' instead of paying the invoice?

 

 

this is quite fun really...!

[ericsbrother]

Not if it hasnt been through POPLA yet. They have a habit of sending out a forest of paperwork in the hope you will be intimidated into paying up. Doesnt work with those who are minded to appeal or call their bluff so I dont know why they bother.

[DragonFly1967]

Because for every 1 person that fights them, another 6 will fold and pay.

 

It's a numbers game.

[oddjobbob]

Can anyone tell me, is there any time limit for POPLA to hear this?

 

 

I only ask as the last two communications I had from PE were one saying it would be heard on 22nd May 15 and another at the end of May containing various photos of their signage, etc saying that this was the evidence they were giving to POPLA and would I like to settle it

 

 

Since then, nothing.

 

 

Would be nice if they were out of time....!

[Scubavader]

Hello. I have a similar problem.

 

My partner received a PCN today, stating we had a parking charge. Parking Eye run the car park in our local Aldi.

 

We shop there every week, but on this occasion she forgot to enter the registration of the vehicle.

 

We can prove we purchased items in there to the value of £8.05. Its on our bank statement.

 

Will I have grounds for appeal?

 

Thank you

[armadillo71]

Can anyone tell me, is there any time limit for POPLA to hear this?

 

 

I only ask as the last two communications I had from PE were one saying it would be heard on 22nd May 15 and another at the end of May containing various photos of their signage, etc saying that this was the evidence they were giving to POPLA and would I like to settle it

 

 

Since then, nothing.

 

 

Would be nice if they were out of time....!

 

 

A load of PE cases were put on hold due to the Beavis appeal.

 

As you have had PE's evidence pack then it will be heard very shortly. Please add to your POPLA appeal via the website that you demand to see, through sight of contract, that PE have lawful authority from the landowner to issue and pursue parking charge notices. (If you haven't included it in your original POPLA appeal.)

 

Do this now as this will win your appeal...

 

Also email POPLA to ask when it will be heard. (very soon by the looks of it).