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Messages - deputybusdriver

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1
I received a letter cancelling the charge for the first ticket.
Now just awaiting POPLA for the second.
Thanks for all help 😃

2
Thanks for reply and sorry for confusion.

There were 2 pcns received on consecutive days from the same parking lot. Both appealed by me the hirer. 1 appeal was rejected and is now at POPLA.

The other appeal received no reply from PE for over 35 days and subsequent communication from me has also received no reply.

The hire company charged me an administrative fee of £35 per PCN processed and when I told them that the charges were unfair and that I will be appealing both they offered to refund the admin fee if I can demonstrate that my appeals have been successful successful. I am now awaiting the outcome of POPLA for one but am unsure what to do about the appeal that has received no reply.


3

Thanks for the advice. POPLA appeal sent

With regard to the reply sent on 21/12/24 (see below) I have had no reply. In the interest of getting a cancellation notice from PE would you advise sending a Subject Access Request now?







For the PCN from "parking event" on 21/10/24 I have as yet received no response to my appeal (sent on 12/10/24)


Here is my planned letter to PE (unsure where to send it though - can I upload to their website in the same way as I did the initial appeal?). Any advice on how I can best obtain a letter from PE confirming that they have cancelled the PCN (in order to claim the admin fee from the car hire company):

Dear Parking Eye

PCN number...xxxx
Date 21/10/24
Registration...xxxx

It has been 35 days since I submitted my appeal as hirer of the vehicle (submitted on 12/11/24) for the above PCN and I have had no response from you.
Section 8.4.1 of the single code of practice (SCoP) “requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is no concluded within 28 days, requires the operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information”. You have failed to do this, so please can you confirm to me as hirer of the vehicle that you cannot hold me liable and will not pursue me any further.
Yours sincerely

4
Hi all and happy new year!!
If anybody has a chance I would appreciate any feedback on my POPLA appeal (in post #20). Many thanks

5
Hi all
If anybody has a chance I would appreciate any feedback on my POPLA appeal (in post #20). Many thanks

6
Ok thanks, will do. Are you referring to my post #21 only - or #20 also…

7
For the PCN from "parking event" on 21/10/24 I have as yet received no response to my appeal (sent on 12/10/24)


Here is my planned letter to PE (unsure where to send it though - can I upload to their website in the same way as I did the initial appeal?). Any advice on how I can best obtain a letter from PE confirming that they have cancelled the PCN (in order to claim the admin fee from the car hire company):

Dear Parking Eye

PCN number...xxxx
Date 21/10/24
Registration...xxxx

It has been 35 days since I submitted my appeal as hirer of the vehicle (submitted on 12/11/24) for the above PCN and I have had no response from you.
Section 8.4.1 of the single code of practice (SCoP) “requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is no concluded within 28 days, requires the operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information”. You have failed to do this, so please can you confirm to me as hirer of the vehicle that you cannot hold me liable and will not pursue me any further.
Yours sincerely

8
Thanks all

b789 I did send a response to PE's request for further information and driver details as you advised - using a similar letter to the one you posted - they then sent me the appeal rejection and POPLA code.

Below is my planned appeal letter to POPLA (not yet sent), any feedback very welcome:

Dear Sir/Madam

This car was a hire car and I am appealing as the hirer of the vehicle.

1) The notice to hirer sent by Parking Eye on did not comply with all the requirements of paragraph 14 of the Protection of Freedoms Act 2012 (PoFA) and they therefore cannot hold me liable as the hirer. Only the driver may be liable and I am under no legal obligation to identify the driver and I decline to do so.
The notice to hirer did not meet the requirements of PoFA 14(2)(a) as it did NOT include a copy of any of the following:
a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
b) a copy of the hire agreement; and
c) a copy of a statement of liability signed by the hirer under that hire agreement.

2) On the “Date of Event” (22/10/24) the payment machine at Challaborough Bay Pay and Display Kingsbridge was not functional. The driver contacted Evology as advised on their website to ask how to make payment, and received no reply. Please refer to uploaded screenshot from the driver's phone - "evologynoreply"

3) In other correspondence with Evology on WhatsApp on 22/10/24 regarding another parking “event” they replied “We are aware of a technical issue with the site yesterday/today, therefore no payment needs to be made for yesterdays parking”. “Yesterday/today” refers to 21/10/24 and 22/12/24. Please refer to uploaded screenshots from the driver's phone "evologytechnicalfault"

Thank you for considering

Yours sincerely

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9
Thanks for the replies.
Both appeals were sent on 12/11/24.
Attached is page 1 of the rejection notice for the appeal for the 22/10/24 PCN - let me know if it would be helpful to post any more…


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10
Hi
Unfortunately my appeal (as hirer) for the parking charge notice dated 22/10 was unsuccessful and I have been given a POPLA reference. How do you suggest I proceed? Are POPLA interested that the payment machine was not working and I contacted Evology - or should I stick with their failure to transfer liability to the hirer?
Parking Eye have not yet replied to my appeal to the pcn from 21/10 (sent on 12/11) - should I chase them up (I need proof of cancellation in order to be refunded admin charges from the hire complany)?
Thanks for any advice.

11
Hi there
I sent the appeal letter as suggested by DWMB2 for both PCNs, appealing as the registered keeper. Parking eye sent me the following in response to the second PCN only. Should I just wait for a POPLA code?
Thanks

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12
Thanks for replies
No, there was nothing sent to me except the PCNs posted earlier in the thread.
There were no names used in our WhatsApp correspondence



 

13
Both PCNs were addressed to me (the hirer) and so I assume the rental company had transferred liability to me. So thanks - I will do as suggested.
A couple of questions though:
DWMB2 what makes you think the identity of the driver may have been revealed on one of the charges? Hoping I could shed light on this but can't work out what gave you that impression.
And do you think there is no grounds for appeal in Evology's admission that there was a technical problem with the payment machine?

14
Day 2 parking charge notice attached

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15
Hi, thanks for reply. Day 1 parking charge notice attached. I haven’t received any other correspondence from parking eye, just from the car hire company.

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