What should we do?

Kimhaz

My husband was issued a PCN by Parking Eye after parking for 4 hrs in Gordano Services on 9 Mar 13. The PCN was issued on 17 Mar 13 and received on 22 Mar 13.

The signs to pay, which are anything but clear, make no mention of a charge being automatically issued, whether you've paid or not.

I wrote to them stating their pictures merely showed I had parked for 4 hrs, not that I hadn't paid. Therefore, their claim for money is both spurious and opportunistic and that I expected my reply to be an end to the matter.

However, we no longer have evidence that we paid. Is it beholden upon us to prove we paid, as they say it is? How long is it reasonable to expect a ticket to be kept?

(I know your advice is to ignore fake PCN's but my husband is worried about them taking us to court.)

Guys_Dad

Kimhaz wrote: »

However, we no longer have evidence that we paid. Is it beholden upon us to prove we paid, as they say it is? How long is it reasonable to expect a ticket to be kept?

(I know your advice is to ignore fake PCN's but my husband is worried about them taking us to court.)

As their charges are £10 for parking over 2 hours, how many people do you think bought a ticket on the day in question? If none - and I don't see many people stopping for longer or paying - and their records show that, then you may be in a bit of bother should it get to court.

Much better to have ignored, I suggest.

Stroma

No it's not, it's up to them to prove that you didn't pay not the other way around, if you've paid it's the end of the matter, it's unreasonable to expect you to keep receipts etc unless you paid by card.

Parking Eye should have given you a popla verification code if in England or Wales on the rejection, did they provide that to you ? If they don't supply it within 35 days of your appeal it times out. If they write to you to demand money or take you to court it will be defended by their breach of the bpa code of practice.

They do issue claims every now and then, but its a minute fraction to the tickets they give out. Can I ask though are you or your partner defined as disabled under the Equality Act ?

bondy_lad

tell your hubby to take a step back,,now hubby we have a FAKE pcn from parking spy(eye),,shall we pay it,dont forget its FAKE ,,,or do you think they will take us to court and tell the judge,,they wont pay our FAKE ticket,,what do you think the judges reply would be?????,,a no brainer then,,jobs a belter, tell him now, to relax,feet up.though if not, then its the popla route,but outcome will still be the same.

Guys_Dad

Stroma wrote: »

No it's not, it's up to them to prove that you didn't pay not the other way around, if you've paid it's the end of the matter, it's unreasonable to expect you to keep receipts etc unless you paid by card.

Parking Eye should have given you a popla verification code if in England or Wales on the rejection, did they provide that to you ? If they don't supply it within 35 days of your appeal it times out. If they write to you to demand money or take you to court it will be defended by their breach of the bpa code of practice.

They do issue claims every now and then, but its a minute fraction to the tickets they give out. Can I ask though are you or your partner defined as disabled under the Equality Act ?

I used to think that, but I am not so sure now. If they inform you of how to appeal to POPLA and tell you that you may obtain a POPLA code if you so wish, then they do not appear to be breaking the POPLA rules. Their weak wording on POPLA's web site reads

How to appeal

An appeal form, containing your 10 digit verification code, should be sent by the operator with the rejection of your representations. If this form is not enclosed, the operator should be contacted to obtain one.

Now we have no cases reported that dealt with that point, but I wouldn't rely on it until there is. Given POPLA's roots, how do you think they would interpret it??

JimmyTheWig

OP, had you paid?

Stroma

They are specific in their letter that they leave with their invoice, there is no mention of asking for it, they state on rejection you'll get the code, their words
http://forums.pepipoo.com/index.php?showtopic=74087

Guys_Dad

Stroma wrote: »

They are specific in their letter that they leave with their invoice, there is no mention of asking for it, they state on rejection you'll get the code, their words
http://forums.pepipoo.com/index.php?showtopic=74087

It does say that, I agree. However, POPLA's web site seems to make allowances "if they forget" to issue the code by saying "If this form is not enclosed, the operator should be contacted to obtain one."

As I said, time will tell what POPLA decide if they don't issue a code initially.

nigelbb

Guys_Dad wrote: »

It does say that, I agree. However, POPLA's web site seems to make allowances "if they forget" to issue the code by saying "If this form is not enclosed, the operator should be contacted to obtain one."

As I said, time will tell what POPLA decide if they don't issue a code initially.

How are you supposed to know that you should have a POPLA code other than being given one by the PPC or at the very worst told by them that you should request one? In this case they have done neither.

Kimhaz

Thanks for all your replies. The girl on the till didn't seem to know what she was doing, so I have no idea if the ticket was recorded as for parking or not. So far, I only received an automated response to the email sent, stating:
"For your appeal to be considered, please include, at the top of your email the reference number, vehicle registration, your name, address and post code and any supporting information to assist with your appeal, such as a store receipt from the day in question, proof of purchase via a bank statement etc. (If you have already provided this information there is no need to respond to this auto-email)
If this required information is missing your appeal may not be dealt with.
If you cannot attach supporting information to the email, then please send a written appeal to:
PO Box 565,
Chorley,
PR6 6HT
Please be aware that ParkingEye will respond in writing only by letter and not by email. We endeavour to respond to all appeals as soon as possible, however you may not receive your written response by letter for up to 10 days.
If further information is required the Parking Charge will be placed on hold to enable any further correspondence to be considered and during this time the Parking Charge amount will not increase."

I replied stating the reference no. provided all the information they asked for. I don't know now if they will respond to the appeal or not.
The real bummer is that we only parked there, as there was limited parking at the place I was going to for a fundraising event for charity!

Coupon-mad

Read this pepipoo thread which discusses Parking Eye and how to challenge their fake PCNs:

http://forums.pepipoo.com/index.php?showtopic=77301

Read the whole thing and in particular the posts by Broadsword about what happens when people appeal to PE, some get a POPLA code and some don't.

nigelbb wrote: »

How are you supposed to know that you should have a POPLA code other than being given one by the PPC or at the very worst told by them that you should request one?

Persackerly!