Parking Eye appeals process - they responded to the wrong person

fogatgatwick · 20 June 2017 at 8:36PM

Hi

I've just posted the POPLA appeal on the POPLA appeal thread

Briefly:

1. paid using cash and entered wrong reg

2. ticket issued to keeper

3. Keeper identified driver

4. ticket issued to driver

5. driver appealed asking for extra evidence i.e that a similar number was not entered etc

(Note BPA code of conduct requires a response to appeal within 28 days - presumably to allow an unsuccessful appeal to fall within reduced charge period)

6. 42 days later PE sent another ticket to driver, still with no response to original appeal. Appealed again to the effect 'please answer original appeal'

7. prompt response to second appeal with POPLA code - still no info relating to original appeal

8. I did not see the extra info I asked for until I saw the information pack they supplied to POPLA where I could see their response to the original appeal (no similar VRE seen on system etc etc). However they had sent the response to the appeal to the KEEPER not the DRIVER to whom they issued the ticket

I pointed this out to POPLA.

POPLA refused appeal on the grounds that the PCN was valid (wrongly entered reg is my responsibility) and that they 'are unable to take into account any issues after the parking event, such as the appeals procedure or any customer service issues'

I haven't contacted BPA yet and obviously Parking Eye will now consider I am liable to the full £80

I just wondered if anyone has a view on options going forward (and no doubt on what I should have done up to now, for the benefit of others!)

Thanks for reading

Coupon-mad · 20 June 2017 at 10:20PM

Did they actually include a list of payments made during that hour, or just a blank 'white list look up' which fails completely to show the other VRNs input?

If you have not been shown that extra evidence i.e., that a similar number was not entered, email PE now and insist on it:

enforcement@parkingeye.co.uk

Keep up some email tennis if they've never shown that list. Tell them again how much cash was paid, and approximately when (within 10 mins).

fogatgatwick · 20 June 2017 at 11:06PM

They didn't supply any list - they just stated 'after further investigation we can confirm that there are no vehicle details within the parking system that in any way resemble your vehicle registration'

And that was what they sent to the keeper when they already knew I was the driver, so I didn't see it until POPLA showed me after which time the early payment deadline had passed

so I have 1) low standard of evidence 2) breach of appeals process (unfair contract regarding £40->£80) 3) data protection breach (via POPLA they provided me with the keeper's email address without the keeper's permission)

I told them how much cash (the correct amount) and the precise time (they use ANPR and it was pay before exit) in the initial appeal

I'm tempted to offer to settle at £40 and contest the increase to £80 but I think I know what you're going to say!

Coupon-mad · 20 June 2017 at 11:54PM

I told them how much cash (the correct amount) and the precise time (they use ANPR and it was pay before exit) in the initial appeal

I am sure you did, but the enforcement 'team' (boy they must be proud to work there...) are not 'them', not the same people in ParkingEye as the appeals 'team' (boy, they must be proud...!).

So, think to yourself that the email recipient has not seen any of what you are saying and demand proof of the 'further investigation' that caused the appeals team to say 'we can confirm that there are no vehicle details within the parking system that in any way resemble your vehicle registration'. Tell them you know there is such a printout easily obtainable from any P&D system, and you want to see it, and that you fully understand that partial redaction of the other VRNs will be needed but you need that list, to check for yourself, in the interests of good faith.

fogatgatwick · 21 June 2017 at 7:48AM

Many thanks, I will do

Half_way · 21 June 2017 at 9:39AM

Whos car park was this?
and why would you contact the BPA ltd?

fogatgatwick · 21 June 2017 at 10:00AM

RUH Bath (Hospital)

Parking Eye manage the car park

they are BPA members

My grievance turns on the appeals process (escalation of charge) which is part to the BPA code of conduct to which Parking Eye subscribe. I would say that the BPA code is part of the contract you enter when you park. After all, they are mentioned on the signs

Half_way · 21 June 2017 at 11:11AM

edit:duplicated post

fogatgatwick · 7 July 2017 at 7:49PM

Parking charge cancelled by PE

Many thanks for your attention. I guess they won't proceed to small claims court unless every aspect of their case is watertight including their appeals process

Parking Eye appeals process - they responded to the wrong person

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