Author Topic: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA  (Read 1684 times)

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Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #15 on: »
On review of this thread, the back of the NtK you showed us is a cause for concern. Can you 100% confirm that that is the back of the original NtK or is it the back of the reminder NtK that you received.

This is crucial information and you need to double check as whatever in on the back of the reminder is totally irrelevant. So, go double check and confirm whether my suspicion is correct and you showed us the back of the reminder and not the original NtK.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #16 on: »
Ok great, thanks again!

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #17 on: »
Ok great, thanks again!
??

B789's post was a question...

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #18 on: »
On review of this thread, the back of the NtK you showed us is a cause for concern. Can you 100% confirm that that is the back of the original NtK or is it the back of the reminder NtK that you received.

This is crucial information and you need to double check as whatever in on the back of the reminder is totally irrelevant. So, go double check and confirm whether my suspicion is correct and you showed us the back of the reminder and not the original NtK.

Hi,

The back of the NTK is the original. I haven't had any reminders.

Thanks

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #19 on: »
Your POPLA appeal will also require the operator to evidence the actual date the NtK entered the postal system as required by the PPSCoP section 8.1.2(e) Note 2.

You will have to explain to he POPLA assessor that a copy of a receipt from their mail consolidator that the notice was received by hybrid email, is not evidence of the date it was actually entered into the postal system as required by the PPSCoP.

You will also need to point out why their NtK does not comply with PoFA 9(2)(e)(i) and therefore cannot hold the Keeper liable.

There are plenty of POPLA appeals you can search for on here and I'm sure other regulars on here can help you put your POPLA appeal together.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #20 on: »
Ok, I understand a bit more now and I will wait a few days to see if anybody can assist further as you suggest.

Thanks once again for your advice.

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #21 on: »
Hi,

Could anybody help me with the wording of my POPLA appeal please?

Thanks

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #22 on: »
Hi,

I searched this forum and used what I thought was a similar scenario to mine to copy and paste into my POPLA appeal. I have received a response from POPLA saying I have 7 days to respond to PARKING EYE's evidence. Their evidence is quite a in depth and 2 documents worth and I now feel less confident but I am willing to fight on regardless. I think everything regarding the POPLA appeal that I have sent in is in the longer document so you can see what I have responded with.

Can anybody please advise as to a possible response to PARKING EYE's evidence?
« Last Edit: April 04, 2025, 11:54:51 am by DWMB2 »

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #23 on: »
Please host the operator evidence, suitably redacted, either on DropBox or Google Drive. I refuse to download any more large PDF files.

Remember, if you don't want to be a victim of identity theft, you may want to redact any personal info before you make it available for public consumption.
« Last Edit: April 04, 2025, 11:53:37 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #24 on: »
Have you submitted anything to POPLA yet? I am wondering how come you have received an operators evidence pack. this is only received after a POPLA appeal has been submitted.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #25 on: »
The NtK you received was a non-PoFA compliant version and this is now admitted in their evidence pack on page 2:

Quote
"20/01/2025 DVLA response received - Success (Legislation Used: NonPOFA_POPLA - Issued To:
Keeper)"

and again here on page 6:

Quote
"Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012."

So, please clarify whether you have already made an appeal to POPLA or not. If you have, and this is their evidence pack in response, you only have 7 days to respond/rebut.
« Last Edit: April 04, 2025, 02:20:02 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #26 on: »
Their evidence is quite a in depth and 2 documents worth and I now feel less confident but I am willing to fight on regardless..

Of course it's lengthy!

They have to show that they're entitled to manage the site on behalf of the landowner, that they may raise parking charges in their own name and pursue the same, that the Ts and Cs are made clear in accordance with BPA and legal requirements and that these were breached by the DRIVER of VRM ABC123.

All pretty standard stuff.

But this isn't the point.

They have to prove that you're involved and may be pursued as registered keeper, or hirer or driver.

As RK - to do which the PCN must comply with para. 4 of the Schedule to PoFA. But it doesn't.

As hirer - to do which they have to prove that the registered keeper has relieved themselves of liability under paras. 4(7) and that they have issued a Notice to Hirer in conformity with para. 14. But they haven't.

Driver - they have no proof, only perhaps supposition and wishful thinking. 

crossed with b789...but where's their evidence pack?

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #27 on: »
The NtK you received was a non-PoFA compliant version and this is now admitted in their evidence pack on page 2:

Quote
"20/01/2025 DVLA response received - Success (Legislation Used: NonPOFA_POPLA - Issued To:
Keeper)"

and again here on page 6:

Quote
"Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012."

So, please clarify whether you have already made an appeal to POPLA or not. If you have, and this is their evidence pack in response, you only have 7 days to respond/rebut.

Hi,

I have already made the appeal after searching this forum and found a scenario similar to mine, so I copied and pasted an appeal template to use as mine. Yes, this is their evidence pack so now I am wondering what my wording should be in response.

Thanks

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #28 on: »
Their evidence is quite a in depth and 2 documents worth and I now feel less confident but I am willing to fight on regardless..

Of course it's lengthy!

They have to show that they're entitled to manage the site on behalf of the landowner, that they may raise parking charges in their own name and pursue the same, that the Ts and Cs are made clear in accordance with BPA and legal requirements and that these were breached by the DRIVER of VRM ABC123.

All pretty standard stuff.

But this isn't the point.

They have to prove that you're involved and may be pursued as registered keeper, or hirer or driver.

As RK - to do which the PCN must comply with para. 4 of the Schedule to PoFA. But it doesn't.

As hirer - to do which they have to prove that the registered keeper has relieved themselves of liability under paras. 4(7) and that they have issued a Notice to Hirer in conformity with para. 14. But they haven't.

Driver - they have no proof, only perhaps supposition and wishful thinking. 

crossed with b789...but where's their evidence pack?

Thanks for your response. Can I use what you say as my response then?

Re: Private PCN Parkingeye - Home Bargains Car Park - Liverpool L4 3QA
« Reply #29 on: »
Please show us precisely what you put in your POPLA appeal.

As for their evidence pack, it is mostly boilerplate stuff. Just because there is a lot of it doesn't mean a thing. As long as the driver has not been identified, they have nowhere to go with this as long as your appeal didn't give it away.

SO, please show the original appeal so we can see if any of the points raised in the appeal have not been answered or rebutted and we can also use their evidence pack against them.

You only have 7 days from the date they sent you their evidence to respond.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain