Author Topic: parking eye: The mount retail park, Hull -  (Read 218 times)

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parking eye: The mount retail park, Hull -
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Hello
I lost my job and was out of work for about a year. So I started deliveries for the company EVRI and drove to drop a parcel at MATALAN, then after leaving. I was asked to go back and drop another in less than 10 mins. which I did

I then got the following PCN


Please advise


https://ibb.co/6ctMVT7P



As I just started as a delivery driver 2 weeks back, but now finally got a job as a software developer, so quitting this week

Many thanks
E

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Re: parking eye: The mount retail park, Hull -
« Reply #1 on: »
Post up the reverse of page 1.

Re: parking eye: The mount retail park, Hull -
« Reply #2 on: »
see this ( backpage)

https://ibb.co/1GtqRfG0



Re: parking eye: The mount retail park, Hull -
« Reply #3 on: »
ParkingEye have failed to include the mandatory invitation to keeper to pay the charge required by POFA Schedule 4, para 9(2)(e).

POFA isn’t optional. If any of the statutory elements are missing, the NTK is non‑compliant and keeper liability cannot be created. In this case, the NTK simply does not contain the required invitation to the keeper to pay the charge or to name the driver.

That is a complete POFA failure, not a stylistic one. ParkingEye are therefore limited to pursuing the driver only, and as they do not know who that is, the keeper cannot be held liable.

Whether they discontinue before court is up to them, but the legal position is straightforward: no POFA compliance = no keeper liability.

Don't waste too much energy on an initial appeal, they'll reject it regardless.  Send something like:

I am the registered keeper.

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

You have two options:

Cancel the notice

OR

Provide a POPLA referral code

I am sorry that I am unable to help you further.



You can finish your appeal with "Many thanks" or if you're feeling mischievous "With measured disinterest".

Re: parking eye: The mount retail park, Hull -
« Reply #4 on: »
Personally, before I started sending any appeals relying on a PoFA argument that is yet to succeed either with ParkingEye or POPLA, and has yet to be tested in court, I'd be speaking to Matalan and politely but firmly telling them to get the charge cancelled.

When it comes to appeals there are other factors that we can include: 'No Return' clauses are often impossible to prove - they usually apply to the driver (with whom the contract has been formed), and ParkingEye have no idea whether the same driver was involved on both occasions.

Re: parking eye: The mount retail park, Hull -
« Reply #5 on: »
Thank you
sorry I have been swamped with a new job

I plan to use this summary



I am the registered keeper. ( I was involved in an accident and currently using a courtsey car ) while my car is undergoing repairs

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

You have two options:

Cancel the notice

OR

Provide a POPLA referral code

I am sorry that I am unable to help you further.

Re: parking eye: The mount retail park, Hull -
« Reply #6 on: »
POPLA code it is then.

Re: parking eye: The mount retail park, Hull -
« Reply #7 on: »
I'd be speaking to Matalan and politely but firmly telling them to get the charge cancelled.
Have you tried this yet?