IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Parking eye

Akumo
Akumo Posts: 85 Forumite
in Parking tickets, fines & parking
Hi

Hoping someone is able to help.

Back in September I received a Parking Charge notice from Parking Eye.

I attempted to complete the appeals form online but had a problem with the reference number not being recognised (this was due to a typo I made, which I did not realise until later.) I therefore put a letter in the post and as I did not hear anything from them I then completed the online appeal, using the standard wording starting:

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

They would have receved the online appeal about a week or two after the original 28 or 30 days were up, is this a problem?

The thing is that their response has been to reject my request for appeal.
I have therefore no POPLA number from them.

Where dio I go from here?

Regards

Akumo
«13

Comments

  • claxtome
    claxtome Posts: 628 Forumite
    First Post Combo Breaker First Anniversary
    A BPA AOS member, like ParkingEye, when an appeal is rejected are required to provide a POPLA code (Section 22.12). But you say it is not provided.

    You need complain to BPA and include you rejection reply with your complaint.

    I don't suppose you could post your rejection reply.
    Usual way to do this is to host it on a cloud platform like Dropbox and post here a link to it.
  • Akumo
    Akumo Posts: 85 Forumite
    Hi Claxtome

    Thank you for your help.

    Below is a link to dropbox which shows the body of the letter that Parking Eye sent me.

    https://www.dropbox.com/s/v8szwmxcynk2de9/Parking%20eye%20response.png?dl=0
  • KeithP
    KeithP Posts: 37,628 Forumite
    Name Dropper First Post First Anniversary
    It looks to me that all they have done is reject your request for them to stop processing your data.

    There is nothing in that letter that says they have rejected your appeal.
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Wow that final sentence is misleading, what a surprise. What they mean is, they have rejected the request not to process the data, not that they have rejected the appeal (yet).

    Sit tight or complain to the BPA, if you wish, who will say this is all fine because PE are about to reject the appeal and send you POPLA code anyway, which they will. You don't actually need to do anything.
    They would have received the online appeal about a week or two after the original 28 or 30 days were up, is this a problem?
    Shouldn't be. You should NEVER have posted an appeal, regulars here would guess it's down the back of their sofa.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Akumo
    Akumo Posts: 85 Forumite
    Hi Keith P and Coupon Mad

    Thanks for your replies, I shall wait for their reply, hopefully with a POPLA code.

    Well I posted a reply as I had initially entered the reference number but with a typo which meant that it was not recognised, I even double checked what I had imnputted.

    The thing is that if the signage had been more clear I would have either bought something in store, paid the parking fee or parked elsewhere for free.

    Kindest regards

    Akumo
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Was your PCN received by day 14?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Akumo
    Akumo Posts: 85 Forumite
    Hi Coupon-mad

    Date of issue of my PCN was 13/09/17, date of event 6/9/17
  • KeithP
    KeithP Posts: 37,628 Forumite
    Name Dropper First Post First Anniversary
    Akumo wrote: »
    Date of issue of my PCN was 13/09/17, date of event 6/9/17
    On what date did the PCN drop through your letterbox?

    PPCs have been known to backdate things, hoping to get away with it.
  • Akumo
    Akumo Posts: 85 Forumite
    Hi

    I am unsure if it was within the 14 days, however I am sure that it was not, I am sure it was closer to 21 days but I have no physical proof.

    I have now received my POPLA appeal number, but with all the changes on going with templates etc. how should I actually word my appeal?

    The notice to keeper I received does have the POFA section.

    The car was parked, according to Parkingeye for just under two and a half hours with a time limit set at 90 minutes.

    There has been a change in the parking terms and tariff just prior to the event. Of course if the driver had known about the change in parking charges then they could have parked up elsewhere where there are no restrictions.

    There is one sign at the entrance which is not particularly well positioned or noticeable to a driver and the area of the car park that the car was parked in did not have any signs at all.

    What details do you require from me in order to help create a successful appeal please?

    Also if it had taken ten or 15 minutes to find a parking space and the same amount of time to leave, I am not saying that this is the case then any signage will be misleading.

    Also if someone had made a purchase in store and used cash and not kept a receipt then where does proof of burden lie?

    Thanks in advance

    Akumo
  • KeithP
    KeithP Posts: 37,628 Forumite
    Name Dropper First Post First Anniversary
    Akumo wrote: »
    I am unsure if it was within the 14 days, however I am sure that it was not, I am sure it was closer to 21 days but I have no physical proof.

    What does that mean?

    You are unsure if it was within 14 days, but then you say you are sure it was outside 14 days.
    If you are sure it was closer to 21 days, then surely you can be sure it was outside 14 days when the letter dropped on your doormat.

    There's enough riddles in this game already. :D
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards