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.

Wrong parking area allegation

Options
Renaissance10
Renaissance10 Posts: 10 Forumite
edited 18 May 2017 at 12:05AM in Parking tickets, fines & parking
Hi


A while back I used someone's car to visit A&E. I got a Parking Charge Notice from Parking Eye. The actual alleged infringement was, I found unclear. It transpires that this was because of parking in a staff area for the hospital.


I haven't divulged my name as the Driver as per what I have read. I had attempted to appeal based on my incorrect understanding that it was to with time expiring in a ticket (incorrect).As I said they were very vague I found. Thus we are a a few months on, I don't have a POPLA code though.


I don't think I parked in the staff area of the hospital, genuinely the only reason would have been if the signs were unclear but I haven't been back to check that.


The photographic evidence online doesn't show any infringement.


I don't know how to appeal this, the template letter about unclear signage doesn't seen fully applicable in my understanding.


Are they likely to have evidence of the infringement. Like I said I don't think I made a mistake but its possible.


How do I approach, I am worried about further hassle for the RK.


Many thanks.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    the RK hould have appealed online using the blue text template , unaltered

    and complained to PALS for a cancelletiaon

    PE issue tens of thousands of court claims annually, so it needs nipping in the bud asap

    at the moment , this charge is not in your name , which is why the RK may get the hassle
  • Renaissance10
    Renaissance10 Posts: 10 Forumite
    edited 18 May 2017 at 5:34PM
    Options
    OK Thank you.


    The have already got the RK's details, I imagine from the DVLA as the RK has received 2 letters.


    This relates back to January this year so I don't know if that has an affect.


    Should I ask for proof of the alleged contravention as I haven't seen any?


    To be clear, do you mean this one.

    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.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
  • Renaissance10
    Options
    Oh do I appeal as the Driver or should the RK appeal?
  • Half_way
    Half_way Posts: 7,054 Forumite
    First Anniversary Name Dropper First Post
    Options
    What hospital was this? as it may be possible to dig some dirt up that could strengthen your hand
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Oh do I appeal as the Driver or should the RK appeal?

    Seriously? that's a fundamental clear point explained in the NEWBIES thread.
    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
  • Renaissance10
    Options
    My bad. It was underneath. Tired.
    THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.
  • Renaissance10
    Options
    Barnet Hospital, EN5 3DJ
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
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards