@morrisons Parking Eye Charge Morrisons Car park Islington

[Aaron8219]

Hi Everyone, I wondered if you could help me.

 

 

Is there anything I can do about this? It is due to be paid today to get the discount to £60, although is wasn't even issued until almost a month after the car was parked there!

 

The driver of the vehicle was dropping off an M+S employee, the store is located in the same precinct as Morrisons, and the driver waited in the car (worked from it) until leaving later. No written confirmation of M+S giving authorisation to park there is available.

 

Am I right in thinking these are not enforceable?

 

Many Thanks

[armadillo71]

Hi Everyone, I wondered if you could help me.

 

 

Is there anything I can do about this? It is due to be paid today to get the discount to £60, although is wasn't even issued until almost a month after the car was parked there!

 

The driver of the vehicle was dropping off an M+S employee, the store is located in the same precinct as Morrisons, and the driver waited in the car (worked from it) until leaving later. No written confirmation of M+S giving authorisation to park there is available.

 

Am I right in thinking these are not enforceable?

 

Many Thanks

 

[ATTACH=CONFIG]58659[/ATTACH]

 

 

 

 

That is the reminder letter. You should have received a NTK before this?

 

 

But looking at the dates;

 

 

Date of event - 17/6/2015

 

 

Date of issue - 11/7/2015

 

 

Date of reminder - 20/7/2015

 

 

Then they seem to have messed up big time!

 

 

There is no keeper liability as Schedule 4 of the POFA 2012 has not been followed.

 

 

A simple appeal stating that as RK you are not liable for the charge and will not be naming the driver will do.

Tell them to address all further correspondence to the driver of the vehicle .

[Aaron8219]

Thanks very much for the reply. I have spoken to my company and they will be forwarding the original letter to me asap.

 

Could I ask where you think they have made an error? Is it because the date of the parking is 17/06/2015, and the charge only given on 11/07/2015? Do they have 14 days or something?

 

I wondered if I could be cheeky and ask if there is a template letter I can use so I can get the working exactly right.

 

I wonder if there is any other input? I'm worried that I need to pay it today if I can't appeal.

[reallymadwoman]

You do not need to pay this. You can appeal to ParkingEye on any grounds you like, even saying the car was on the moon at the time will do, as they will refuse your appeal. You then appeal to POPLA properly.

 

Have a read of other ParkingEye threads before paying something that you don't need to.

[Aaron8219]

Thanks very much reallymadwoman,

 

As much as I admire your confidence, I'm afraid I don't have it myself and not sure what to do. I apologise for needing to be spoon fed here but is my first course of action to tell my company to identify the driver to them? Or refuse to? Ignore it?

 

If they subsequently write to the driver, what do I appeal with?

 

I see that I can appeal directly on the parking eye website, but it asks me to identify myself. Should I write that I am the driver or that I am 'none of the above'?

Edited July 25, 2015 by Aaron8219

[honeybee13]

Hello there.

 

Please don't tell them who the driver was unless the guys here say it's a good idea. It could get you into trouble. The guys should be along later.

 

HB

[Aaron8219]

Thanks Honeybee,

 

I think I will appeal on their own website then and not tell them who the driver is at this point, if at all, pending further advice from here.

 

Something along the lines of the below?

 

Dear Sir/Madam,

 

I am writing in regards to your parking charge notice ref number XXXXXXXX. I wish to appeal on the basis that I do not believe the car in question was parked in the car park for the amount of time stated on your paperwork.

 

The car was driven in at the time given, but was driven out and re visited the site numerous times during the day, and not on one occasion, for more than two hours.

 

Please check your records accordingly.

 

Yours

 

My Company Name

 

(I won't send this until I get the go ahead!)

 

Actually, before I send that, should I be appealing on the basis that the 'event' happened on the 17/06/2015, but the ticket wasn't issued until 11/07/2015? Do they only have 14 days to issue?

 

I have received the first letter now from my company;

 

I notice they are referring to different acts, are any of these being broken by the fact they didn't issue the ticket within 14 days?

[armadillo71]

You keep refering to your company. Is your company the Registered Keeper?

[Aaron8219]

You keep refering to your company. Is your company the Registered Keeper?

 

VW Finance are the registered keeper, the company I work for are the lessee.

[armadillo71]

VW Finance are the registered keeper, the company I work for are the lessee.

 

 

So VW Finance have received the initial NTK? And they have given your company name to PE as the keeper of the vehicle?

 

 

Your company name is on the parking charge notice that you have posted up?

 

 

It would be helpful if you could convert your images to PDF so we can read them easily. ( Redacted of personal info of course. )

[Aaron8219]

So VW Finance have received the initial NTK? And they have given your company name to PE as the keeper of the vehicle?

 

 

Your company name is on the parking charge notice that you have posted up?

 

 

It would be helpful if you could convert your images to PDF so we can read them easily. ( Redacted of personal info of course. )

 

Yes you're absolutely correct. VW Finance received the parking charge, and it was then sent to the company I work for. The company I work for is named on the letter.

 

I'm afraid I don't have a PDF editor, only the PDF reader. Unless there is some other way of doing it?

 

I have zoomed in and grabbed the text from the original PDF. Is this any better?

 

 

see post 1

[honeybee13]

I can read it, Aaron.

 

HB

[armadillo71]

Do not appeal tonight.

 

 

The ' discount ' period is meaningless when you are not paying any money anyway...

 

 

You seem to be on 'good terms' with your company about this so there is no immediate rush. It is Saturday night and quite oiled now.....

 

 

The POFA has different procedures to follow for hire vehicles such as;

 

 

14(1)If—

(a)the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and

(b)the conditions mentioned in sub-paragraph (2) below are met,

the creditor may recover those charges (so far as they remain unpaid) from the hirer.

(2)The conditions are that—

(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

Your company has been sent all the correct information?

Paragraph 13 is the relevant passage to check if the timings are correct.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Until tomorrow...

[Aaron8219]

Thanks armadillo, much appreciated.

[dx100uk]

for want of clarity

I've sorted the scans to post 1 now

 

 

dx

[Aaron8219]

Hi Everyone,

 

Would appealing with the below suffice?

 

ParkingEye;

 

Reference: Regitration XX00 XXX

Amount £XX.XX

 

we have received your invoice.

 

The driver has a legitimate expectation of privacy

We will not therefore provide information about the individual in the absence of a letter signed by a senior company officer that will indemnify us for all costs resulting from the release of this information, including any legal advice that we will seek in advance

 

Your alternative is to apply for the disclosure under Section 31.17 of the Civil Procedure Rules

 

Company Name that received the Incoice.

[Aaron8219]

Just sent the above appeal, will update here with Parking Eye's response.

 

Thanks for all help so far.

[armadillo71]

Hi Everyone,

 

Would appealing with the below suffice?

 

ParkingEye;

 

Reference: Regitration XX00 XXX

Amount £XX.XX

 

we have received your invoice.

 

The driver has a legitimate expectation of privacy

We will not therefore provide information about the individual in the absence of a letter signed by a senior company officer that will indemnify us for all costs resulting from the release of this information, including any legal advice that we will seek in advance

 

Your alternative is to apply for the disclosure under Section 31.17 of the Civil Procedure Rules

 

Company Name that received the Incoice.

 

Well it's a different first appeal.

 

It's good to see a company backing an employee up, fighting these [ problem ] PPCs.

 

The response could be interesting but will probably just be a rejection with POPLA code.

 

Did you work out if the timings are correct?

[Aaron8219]

Well it's a different first appeal.

 

It's good to see a company backing an employee up, fighting these [ problem ] PPCs.

 

The response could be interesting but will probably just be a rejection with POPLA code

 

Did you work out if the timings are correct?

 

Hi.

No reply from them yet. We'll see what happens.

 

And yes, dates are all correct. Did they issue ticket too late?

[Aaron8219]

Hi Everyone, I have now received a response from Parking Eye.

 

I have attached the letter, with parts removed for confidentiality.

 

Just a couple of points to clarify though;

 

Parking Eye Response (Paragraph 3) - "You have stated that you were not the driver of the vehicle at the date of time of the breach of the terms and conditions of the car park" - We didn't, we just said the driver has a legitimate expectation of privacy.

 

Parking Eye Response (Paragraph 5) - "We have the right to recover any unpaid part of the parking charge from you, the registered keeper." - My company is not the registered keeper, the finance company is, my company is only the lessee.

 

What do you suggest is a suitable response now?

 

Many Thanks for your help.

[Aaron8219]

Anyone?

[dx100uk]

no need to do anything

 

 

its the popla code you want

and they are going to give it.

 

 

dx

[ericsbrother]

your company has been identified by the lease company as the "driver" so they should pursue the directors of the company as they have vicarious liability. So, it begs the question as to how they are addressing you?