Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: BigBazz45 on March 01, 2024, 06:23:16 pm
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By way of an update, I'm pleased to say that ParkingEye have given in and cancelled the PCN without me having to go to POPLA.
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With this being a rental, another thing to be alert to is any shenanigans from the hire company if ParkingEye go back to chasing them.
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As long as the driver is not identified this will go nowhere. As you rightly mentioned, PoFA does not apply in Scotland. The NtK is not PoFA compliant and even if it was, PE has not complied with the requirements of PoFA §13.
The standard appeal from the keeper telling PE to go find the driver will see it off.
Assumed that would probably be the case. Will enlighten them as to the error of their ways and see what they come back with.
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As long as the driver is not identified this will go nowhere. As you rightly mentioned, PoFA does not apply in Scotland. The NtK is not PoFA compliant and even if it was, PE has not complied with the requirements of PoFA §13.
The standard appeal from the keeper telling PE to go find the driver will see it off.
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For clarity, is the notice you've got addressed to you as the hirer directly, or the rental company?
The Notice is addressed to me as the Hirer and came in a ParkingEye envelope, so I can only conclude that they've obtained my details from the rental company.
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For clarity, is the notice you've got addressed to you as the hirer directly, or the rental company?
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The Driver was driving a rented van for an event being held at the Crowne Plaza in Glasgow. They parked in the hotel's overflow car park and entered the registration number on the tablet at Reception. Payment was made on the day of departure.
Despite this, ParkingEye have issued a Parking Charge Notice claiming a failure to pay for the last day, when the Driver moved the van to the Hotel's Service Yard to load it up for the return journey, then parked back in the overflow car park. This appears to have initially been sent to the hire firm, who have provided the Hirer's details. The only paperwork in the envelope was the Notice to Hirer.
Unusually for PE, this isn't a double dip, as the arrival and departure times reflect that last day, rather than the original arrival and final departure time.
PCN Images: https://imgur.com/a/hKL6h1m (https://imgur.com/a/hKL6h1m)
GSV showing signage at the entrance: https://maps.app.goo.gl/2D9oFEy9X6o5dsk77 (https://maps.app.goo.gl/2D9oFEy9X6o5dsk77)
And signage within the car park: https://maps.app.goo.gl/MGcr5DNuLLzAL9MCA (https://maps.app.goo.gl/MGcr5DNuLLzAL9MCA)
The Driver lives in London, so it's not practical for them to return to get their own photographs of the signage.
I'm assuming there are at least two prongs of attack, namely the parking event occurred in Scotland, so PoFA doesn't apply; and the fact that it was a rental vehicle.