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  • FIRST POST
    • RemotecUK
    • By RemotecUK 27th Nov 17, 8:23 PM
    • 10Posts
    • 4Thanks
    RemotecUK
    Parking Eye PCN received and payment machines didn't work
    • #1
    • 27th Nov 17, 8:23 PM
    Parking Eye PCN received and payment machines didn't work 27th Nov 17 at 8:23 PM
    Dear all,

    I have received a PCN from Parking Eye. At the time of parking, I understand that none of the machines on the car park were working so payment was unable to be made.

    After receiving the PCN today I've read the "Newbies" thread and want to follow the appeals process.

    Prior to receiving the PCN I had emailed Parking Eye stating that the driver had parked, giving the times of entry and exit and the vehicle's registration and asking how to make payment. I didn't receive any response from them via email and the PCN letter does state:

    As we do not know the driver's name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to
    them.
    From here I am unsure on the best way to proceed and would welcome some advice.

    Kind regards.
    Last edited by RemotecUK; 27-11-2017 at 8:41 PM.
Page 1
    • Redx
    • By Redx 27th Nov 17, 8:26 PM
    • 16,938 Posts
    • 21,077 Thanks
    Redx
    • #2
    • 27th Nov 17, 8:26 PM
    • #2
    • 27th Nov 17, 8:26 PM
    I would just use the blue text appeal and appeal as keeper on their site

    then see what transpires

    I would also edit post #1 above and remove any hint of who was driving

    ie:- THE DRIVER was driving
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • RemotecUK
    • By RemotecUK 27th Nov 17, 8:34 PM
    • 10 Posts
    • 4 Thanks
    RemotecUK
    • #3
    • 27th Nov 17, 8:34 PM
    • #3
    • 27th Nov 17, 8:34 PM
    Post edited.

    Will use the blue appeal text and see what happens.

    Best to use their website or send via recorded delivery post?
    • Redx
    • By Redx 27th Nov 17, 8:37 PM
    • 16,938 Posts
    • 21,077 Thanks
    Redx
    • #4
    • 27th Nov 17, 8:37 PM
    • #4
    • 27th Nov 17, 8:37 PM
    definitely use their website

    appeal as keeper , NOT driver (in any drop down menus)

    if needs be , create a new gmail email address just for these purposes
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • RemotecUK
    • By RemotecUK 29th Nov 17, 9:19 AM
    • 10 Posts
    • 4 Thanks
    RemotecUK
    • #5
    • 29th Nov 17, 9:19 AM
    • #5
    • 29th Nov 17, 9:19 AM
    Hi, so just to be absolutely clear. I take this text...

    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....
    ... and past it into the appeal? Do I mention anything about the fact the machines were not working?

    Sorry if this is obvious and I have missed something.
    • Umkomaas
    • By Umkomaas 29th Nov 17, 11:27 AM
    • 15,962 Posts
    • 24,779 Thanks
    Umkomaas
    • #6
    • 29th Nov 17, 11:27 AM
    • #6
    • 29th Nov 17, 11:27 AM
    Hi, so just to be absolutely clear. I take this text...



    ... and past it into the appeal? Do I mention anything about the fact the machines were not working?

    Sorry if this is obvious and I have missed something.
    Originally posted by RemotecUK
    Use it Ďas isí.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • DoaM
    • By DoaM 29th Nov 17, 12:49 PM
    • 3,592 Posts
    • 3,635 Thanks
    DoaM
    • #7
    • 29th Nov 17, 12:49 PM
    • #7
    • 29th Nov 17, 12:49 PM
    If no machine was working then you have frustration of contract. Would that not be worth including in the 1st appeal? Or save that ammo until POPLA?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Guys Dad
    • By Guys Dad 29th Nov 17, 3:49 PM
    • 10,253 Posts
    • 9,388 Thanks
    Guys Dad
    • #8
    • 29th Nov 17, 3:49 PM
    • #8
    • 29th Nov 17, 3:49 PM
    If no machine was working then you have frustration of contract. Would that not be worth including in the 1st appeal? Or save that ammo until POPLA?
    Originally posted by DoaM
    I would include that myself, as long as you say that the driver informed you of this and don't use "I".
    • Redx
    • By Redx 29th Nov 17, 4:05 PM
    • 16,938 Posts
    • 21,077 Thanks
    Redx
    • #9
    • 29th Nov 17, 4:05 PM
    • #9
    • 29th Nov 17, 4:05 PM
    I agree with the above

    add a note saying

    The driver has informed me that the payment machines were out of order on the day and this information will be used in any future appeal or court case (due to frustration of contract)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • RemotecUK
    • By RemotecUK 6th Dec 17, 7:25 PM
    • 10 Posts
    • 4 Thanks
    RemotecUK
    Quick update on this case.

    I have contacted the retailer and they agreed to get the PCN cancelled.

    I have since heard back from Parking Eye that the charge has been cancelled.

    Thanks again for your help.
    • Umkomaas
    • By Umkomaas 6th Dec 17, 9:48 PM
    • 15,962 Posts
    • 24,779 Thanks
    Umkomaas
    Super result. The complaint to the retailer can be so powerful. They will be the ultimate losers in all this if they upset customers.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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