3. Parking Eye - no return within 1 Hour
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Re: Parking Eye - no return within 1 Hour
« Reply #15 on: »
It is important that you do not lie, so you must not state that it was two different drivers if it was not.

However, there is no obligation for you to state that it was the same driver, nor to tell them who the driver was.
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Re: Parking Eye - no return within 1 Hour
« Reply #16 on: »
The NtK is not compliant with PoFA Schedule 4 Paragraph 9(2)(b) - as a result keeper liability cannot occur.
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Re: Parking Eye - no return within 1 Hour
« Reply #17 on: »
Quote from: InterCity125 on Yesterday at 07:24:47 am
The NtK is not compliant with PoFA Schedule 4 Paragraph 9(2)(b) - as a result keeper liability cannot occur.

Hi InterCity125

I had a look at the legislation,
Protection of Freedoms Act 2012
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk
and this is the wording

Quote
inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

As they mention this under the protection of freedoms act in the letter, I do not understand how what they say is not compliant?
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Re: Parking Eye - no return within 1 Hour
« Reply #18 on: »
PoFA Schedule 4 Paragraph 9(2)(b) specifies the following;

The notice MUST inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

The legislation therefore sets out two specific requirements relating to the information which must be conveyed under 9(2)(b).

Namely;

1. That the driver is required to pay parking charges in respect of the specified period of parking.

And

2. That the parking charges have not been paid in full.


The notice from Parking Eye fails to convey the second part of the statutory requirement specified in 9(2)(b).

The legislation itself specifies that the NtK must meet "all applicable conditions under this Schedule" - this means that partial or even substantial compliance is not sufficient - total compliance is required.
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Re: Parking Eye - no return within 1 Hour
« Reply #19 on: »
Thank you for taking the time to explain it to me

This is my appear

Is there anything you recommend changing




Your Ref XXXXXX

Whilst the DVLA may have informed you that I am the registered keeper of the motor vehicle in question, at this stage I make no admission of who was the driver of the car during visit 1 or visit 2.

Your parking charge has failed to comply with PoFA Schedule 4 Paragraph 9(2)(b)

This specifies the following;
The notice MUST inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

The legislation therefore sets out two specific requirements relating to the information which must be conveyed under 9(2)(b).

Namely;

1. That the driver is required to pay parking charges in respect of the specified period of parking.

And

2. That the parking charges have not been paid in full.


The notice from Parking Eye fails to convey the second part of the statutory requirement specified in 9(2)(b).

The legislation itself specifies that the Notice to Keeper must meet "all applicable conditions under this Schedule", this means that partial or even substantial compliance is not sufficient - total compliance is required.

Based on your failure to comply with the  statutory requirements of the law, you must now cancel the Parking Charge Notice
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Re: Parking Eye - no return within 1 Hour
« Reply #20 on: »
I would change your last line slightly as the law does not demand that they cancel the notice, you are simply asking them to cancel the notice as you feel that your appeal will be successful at POPLA due to the non-compliance issue.


I would write;

Based on your failure to comply with the statutory requirements of the legislation in regard to a PoFA compliant NtK, I invite you to now cancel this Parking Charge Notice in order to save money and further wasted resources? In the alternative, please provide me with the required POPLA Code.
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Re: Parking Eye - no return within 1 Hour
« Reply #21 on: »
Can you get clear photos of the signs upon which they're relying pl.

As well as testing their claim, I want to see how the following is dealt with:

'Please ensure that the amount paid is correct. Any amount overpaid will not be automatically refunded. A transaction fee shall be charged for payments made by corporate cards. A charge will be added to balance should a payment be returned unpaid'
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Re: Parking Eye - no return within 1 Hour
« Reply #22 on: »
Quote from: tincombe on Yesterday at 04:12:39 pm
Can you get clear photos of the signs upon which they're relying pl.

As well as testing their claim, I want to see how the following is dealt with:

'Please ensure that the amount paid is correct. Any amount overpaid will not be automatically refunded. A transaction fee shall be charged for payments made by corporate cards. A charge will be added to balance should a payment be returned unpaid'

20260614 125037 — Postimages
postimg.cc


This is link to sign that can read. Its high up and easy to miss if you are not looking for it

and to be honest even when i went as close as I could get to the sign, as its on top of a page that has cars parked around the pole. its hard to read the small print at the bottom


At the back of the car park is this sign and this is more where we tend to park in the retail park because when you drive you can turn left or right for parking, and turning left, which is in front of the Lidl/Farmfoods, you never get parking, so we always end to turn right, and park towards the back where there is normally lots of space.

20260614 132220 — Postimages
postimg.cc


I dont know if having the sign covered in leaves is a defence.
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