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****Help with POPLA appeal****

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  • jack123456
    jack123456 Posts: 50 Forumite
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    BPA-11599

    Dear Mr ......,

    Thank you for email. Your email has been passed to Investigations Team to review.

    We will contact ParkingEye Limited for further information and will be back in touch once we have received a response.

    Yours Sincerely,

    Esme Berry
    AOS Investigations Team
    British Parking Association
    Email: [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL]
    Web: www.britishparking.co.uk
  • Coupon-mad
    Coupon-mad Posts: 131,737 Forumite
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    Oooh, that's a step further than the usual BPA shameful fob-off from Thomas B.
    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
  • jack123456
    jack123456 Posts: 50 Forumite
    edited 8 July 2017 at 8:35AM
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    BPA-11599

    Dear Mr ......

    Thanks for your patience while we have considered your case.

    On receipt of your letter of ParkingEye Ltd's misuse of data, we made contact with ParkingEye Ltd for comment.

    We have received the response below from ParkingEye Ltd.

    I can confirm Mr xxxxx vehicle was captured by our ANPR cameras entering the Arterial Road at Sunderland Royal Hospital on 23rd February 2017 at 14:05pm, and exiting that afternoon at 15:31pm; remaining onsite for 1 hour 25 minutes. We have conducted a technical review of the case and can find no evidence to suggest that the Parking Charge has been issued incorrectly.

    Indeed, we note that a tariff payment of £2.00 was made for the vehicle with registration Xxxxxxxx (Mr Xxxxx vehicle) at 14:09pm on 23rd February 2017, which was sufficient for 1 hour of parking. More significantly, the tariff payment made on the date in question strongly suggests that Mr Xxxxx vehicle was indeed onsite and parked in breach of the terms and conditions.

    Therefore, we cannot agree that there has been a breach of the Data Protection Act 1998. However, if Mr Xxxxx would like to provide us with any evidence to support his assertions, then we are happy to review further.

    You will appreciate that our remit extends only to those items set out within our Approved Operator Scheme Code of Practice and whether ParkingEye Ltd have breached any of these.

    In considering the evidence supplied by both parties we have reached the following conclusions;

    There is no compelling evidence to suggest a breach of the BPA Code.

    It is not within our remit to make an assessment of whether there has been a breach of the Data Protection Act in this case, and we will not attempt to do so.

    That this matter lies between you and Parking Eye.

    Consequently we have closed the file on this matter.

    Yours Sincerely,

    Esme Berry
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    @OP - What do you think of that response? PE seem quite categoric. Can they possibly be correct, or is there some more to consider?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jack123456
    jack123456 Posts: 50 Forumite
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    I definitely wasn't at the hospital on that date, for them to send a PCN then go back on themselves and state that there was sufficient money paid. The money paid £2 was by the driver on 31/1/17
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    jack123456 wrote: »
    I definitely wasn't at the hospital on that date, for them to send a PCN then go back on themselves and state that there was sufficient money paid. The money paid £2 was by the driver on 31/1/17

    Excuse if I'm not quite understanding this. Are you saying (despite whatever date of the parking event), a £2 payment was more than sufficient to cover the actual time in site?

    PE are saying that £2 only purchased 1 hour of parking time, but they are stating the vehicle was in site for 1 hour 25 minutes (1 hour 21 minutes from the insertion of the payment to the machine) and the reason why they issued the PCN.

    I'm trying to understand this because I'm 100% on your side and trying to work out a strategy for any next move for you.

    Do you have any photos of the on-site parking signage?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jack123456
    jack123456 Posts: 50 Forumite
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    There was £2 paid on the 31st Jan, but was there for a matter of 30-45 minutes. I have a photo from the 31st Jan of the payment machine in which malfunctioned.

    Surely though, if PE had found this in their review, they would have contested my POPLA? I'm getting confused with the rubbish they're coming out with.
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    So we're back to principally whether the vehicle was on-site on 23/2/17, the amount paid is a bit of a distraction.

    Can you track your (and more importantly) the car's whereabouts on that day? Dash cam or smartphone tracking of movement (although more difficult to attach a direct link to the car) or witness(es)?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • jack123456
    jack123456 Posts: 50 Forumite
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    Our dashcam hasn't been in use for a while as it isn't working, my phones gps would track my route, but it doesn't pin it to the car. No real witnesses as I don't car share when I take the car in to work. I don't get a parking ticket or anything as I park up the road on residential street parking.
  • jack123456
    jack123456 Posts: 50 Forumite
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    The one thing I can definitely confirm is that I was in work on that day, that's the only thing I can do.
This discussion has been closed.
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