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ParkingEye Holiday Inn Guildford - No PCN received prior to second notice


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Hello there,

my wife received a letter from ParkingEye Monday 22nd May dated 17th May 2017.

 

 

This is regarding an outstanding parking charge amount due of £100 from Holiday Inn Guildford with the alleged offence occurring 5th April 2017.

 

My main concern is that my wife did not receive a PCN beforehand.

 

 

In the letter it states that 29 days have passed from the notice of parking but this is the first correspondence received.

 

 

I still have the right to appeal but only if there are mitigating circumstances as the initial 28 days to appeal have passed.

 

 

I would just like to know if I have a good case, and if ParkingEye are able to provide evidence they sent out the PCN if it has in fact been lost in the post?

 

Also to add to this,

my wife believes that this is a new charge and did not see any clear obvious signage, although she is used to the car park being free.

 

 

Either one of us will go back to the site to see what signage is in place although the alleged date is over a month ago giving ParkingEye plenty of opportunity to change/add signage.

 

The letter reads:

 

“We are writing to inform you that the requirements of Schedule 4 of the Protection of Freedoms Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper.

 

The amount now payable is £100.00. This payment is required within 14 days to avoid further action.

 

If this letter is ignored, further action may include referring to a Credit Reference Agency to confirm the correct address, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuing of court proceedings, all of which could incur further costs which may be added to the amount owed.

 

 

To avoid further unnecessary costs or action, please pay the outstanding parking charge amount as stated above or make arrangements for the driver to pay, in accordance with the parking terms and conditions. Further information including how to pay, the right to appeal ect. Can be found on the reverse of this notice.

 

Please be aware that on the 4th November 2015, the Supreme court dismissed the further appeal lodged in relation to the matter of ParkingEye v Beavis [2015] UKSC 67. The appeal concerned the value of ParkingEye’s Parking Charges and the Judgment, granted in ParkingEye’s favour, delivers a binding precedent in respect of the value of the Parking Charge. The Judgment can be found by visiting the news section of our website and the article: ‘Supreme Court uphold Court of Appeal Judgment’.”

 

Any help would be much appreciated, many thanks.

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its was an ANPR capture so theres no PCN on the windscreen

 

if you can complete this in please:

 

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

all will become clear to you:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It would also be quite useful if you could scan in the NTK that you have and upload it to the thread. Please remove any identifying marks such as name, address, registration, code numbers (including QR & Bar codes) but leave things like dates visible.

 

ParkingLie don't usually get these things wrong, but there's always an exception to the rule, so if we can see it, we may be able to spot something.

 

 

It would also be very useful if either yourself or your wife could pop back to the site and take pictures of any & all signage in the car park (even if it doesn't relate to car parking), as well as any entrance signs as you drive in off of the public road.

 

You may have to do a little bit of legwork, running & phoning around, but these bandits can be beaten. thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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they mention the passing of 29 days so that suggests a screen ticket. as does the rest of the wording.

 

What to do?

The KEEPER writes to PE and states that no notice to driver was ever issued

so "strict proof" of this is required including a copy of the alleged notice to driver

and photographic evidence of this in place on the vehicle

and also of the vehcile in situ causing the alleged breach of contract

( you didnt say what it was they claim caused her to owe them money,

that must be on their paperwork so I have guessed the most likely).

 

 

The keeper does not say who was driving and always refer to themselves as that rather than I or by name.

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Thank you for all of your responses.

 

I have attached the actual letter as asked for.

 

Will wait to see if there are any more responses and then draft a letter of appeal.

 

Hello dx100uk, thank you for supplying the link, will answer those questions now:

 

1 Date of the infringement

05 April 2017

 

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

17 May 2017. Although "29 days have passed from the date notice of the Parking Charge was given" suggests I should have received something else beforehand which I did not receive.

 

3 Date received

22 May 2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

Y

 

5 Is there any photographic evidence of the event?

Images online of entering and leaving car park

 

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

N. Will be sending an appeal within the next day.

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

 

7 Who is the parking company?

ParkingEye

 

8. Where exactly [carpark name and town]

Holiday Inn Guildford, Surrey

 

For either option, does it say which appeals body they operate under.

BPA

 

Thanks

ParkingEye.pdf

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