Help with Parking Eye?

Emi_26

Hi There,

I'm going to join the masses and explain about my issues with Parking Eye! I've never received a parking ticket before so I have no idea what I'm dealing with but something about them just doesn't add up to me!!

My first correspondence from them was called a "Parking Charge Notice Reminder" which raised my suspicions from the start as I'd had nothing previously to be "reminded" of!
I had parked on a Free parking site which has a maximum of 3 hours parking. According to their photographs (of which neither are of my Vehicle parked) I had overstayed my limit by 16 minutes and was required to pay £100 as I hadn't responded within 14 days of the incident.

The car park in question has quite the bottleneck entrance/exit and I personally have spent longer than 20 minutes trying to get off the site - let alone park up! So naturally I appealed as much. I asked them to provide evidence of my vehicle PARKED for over 3 hours as their photographs are one of my vehicle in motion & a black picture with my numberplate in the middle!!

Their response (by post) IGNORED my appeal and instead quoted "in your e-mail you state you were shopping on site. We would need evidence of this to take the appeal any further..." I hadn't ONCE mentioned shopping at all and on the date in question I didn't make any purchases. The Site in question is home to big purchase stores such as Dreams, Mothercare and so on - stores I don't tend to make big purchases from on a whim!!

So I responded again - stating that there was nothing I could provide but that their signs did not state that I had to make a purchase to park on site. I also reminded them that they had ignored my initial appeal to their "Parking Charge Notice REMINDER" which was for being parked for 16 minutes over and not questioning whether I shopped on site that day.

This morning I have received two further letters from them - once again ignoring me and stating that I would have to provide evidence or my appeal would not be considered!

I would love some help getting these guys to listen to me! It seemed when I challenged their 16 minute charge they changed tactics as I fail to see how if I did make a purchase that would prove I tried to get out of the car park within the 3 hour period?!

Any help you could provide would be much appreciated - I just wish I could talk to them as my written correspondence is clearly not getting through - but naturally the only phone number they give is an automated one to pay them! >.<

Thanks in Advance!
Emi

Guys_Dad

Read the BPA COP on grace periods here http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf See index

Specifically
You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.

Ask them their grace period, ask for pictures of the exit showing bottlenecks and general queues in car park and make reference to the document I have given you a link to.

Also say if they have not answered your questions and require a POPLA code if they turn down your appeal.

nigelbb

Personally I don't think that you need do any more. They have rejected your appeals twice & should have provided a code so that you can take your appeal the "independent" tribunal POPLA. If they haven't sent you a code within 35 days after rejecting your appeal then their case falls.

pogofish

First and most important thing with Parking Eye is to stop taking them seriously.

Stroma

When did you park there ? Your dated appeal was it over 35 days or more? If they don't provide a popla verification code on your rejection (if England or Wales) then it fails and they are not allowed to pursue you. It's not up to you chase them for a popla code, but them supplying it automatically.

Emi_26

Thanks guys!

I've just looked over my responses from PE and none of them actually state my appeal has been "refused" - just that the "parking charge has been placed on hold for 14 days for you to provide further evidence." Would you still ignore it at this stage?

The initial correspondence I received was dated the 23rd of February (yet the date of Ticket issued is apparently the 14th of Feb - I assume this is why the letter was titled as a "reminder" though the initial PCN never came) I had until the 28th of Feb to pay the "reduced rate of £60" but didn't have the letter in time. The date I was parked was the 9th of Feb. My initial response to them was March 10th - which was when I opened their letter as I had been away from home for a week.

It also states on the back of their initial PCN Reminder that "POPLA will not accept an appeal, if you have not appealed to ParkingEye in the first instance"... is this true? I know it's irrelevant in my case as I have appealed through them but I was just curious!

nigelbb

You must appeal to the Private Parking Company first as the only way of appealing to POPLA is by using a verification code that the PPC is obliged to give you within 35 days of refusing your appeal. The fact that you have now contacted them twice and been rejected twice without them even reading your letter leaves the onus on them to provided the code for POPLA. Asking for more evidence to consider your appeal is nonsense as you have provided all the evidence necessary. You can just ignore their letters but as you have such a strong case & if you want to bring it to a conclusion ASAP then on this occasion I would send a final message reiterating what you already told then & insisting that they send the code for you to appeal to POPLA.

Coupon-mad

Emi_26 wrote: »

It also states on the back of their initial PCN Reminder that "POPLA will not accept an appeal, if you have not appealed to ParkingEye in the first instance"... is this true? I know it's irrelevant in my case as I have appealed through them but I was just curious!

That's true of course, but you have appealed haven't you. So now, you either need to demand a POPLA code - or write and tell them they are too late and are deemed to have accepted your appeal. I would do the latter.

All discussed on this pepipoo thread which is all about PE. Read Broadsword's posts on there specifically, he's the expert and he explains about the idea that a PPC can be too late and should have provided the POPLA code:

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

and here's stuff about POPLA for you to read up on, both simply sticky threads you should have seen at the top of this very forum already:

https://forums.moneysavingexpert.com/discussion/4263959

https://forums.moneysavingexpert.com/discussion/4488337

You should be now be complaining in writing to the retailer or retail park management. This isn't on - if they want customers to come and browse and think about large purchasing decisions then having a PPC scammer on site is not the best way to encourage you to ever return, is it? So tell them (the retailers or retail park management, not PE) in no uncertain terms!

You are right about the point 'a camera only shows a vehicle driving in and out and not how long a car was parked for'. On busy days as you say, it could take 20 mins to get parked up or leave if there's a queue or loading obstruction. And as others have said, there has to be a grace period.

Complain to the retail park or Store Manager, and write to PE to say 'tough you are too late, I have found out that you should have given me a POPLA code and you can't withhold it and not inform people about this, and you are now too late so either this is sharp practice on your part or you have accepted my appeal'. Or words to that effect, having read that pepipoo first link.

Guys_Dad

nigelbb wrote: »

Personally I don't think that you need do any more. They have rejected your appeals twice & should have provided a code so that you can take your appeal the "independent" tribunal POPLA. If they haven't sent you a code within 35 days after rejecting your appeal then their case falls.

I don't think you should be so definite about this particular piece of advice.

I freely admit I have given the same advice before, but on re-reading the BPA and POPLA web sites, I am not so sure that this would be a killer blow any more.

I have written up elsewhere why I think POPLA will not kick a PPC into touch if they don't automatically give you a POPLA code, provided they have told you how to appeal. If you ask for a code, and they don't supply one, then you are 100% correct.

The reason I say this is because POPLA is set up by the BPA and gives credence to "the Parking Industry". On the specific point of POPLA codes, their 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.

This gives the PPC the get out that although they didn't enclose the code (assuming you didn't specifically ask for one) you didn't contact them requesting a code within the 35 days.

No cases referring to this scenario have yet come through POPLA, so until then, I don't think it right to be so specific about the PPC being struck out if they didn't supply a code in their rejection and motorist didn't specifically request one.

Coupon-mad

But a person cannot possibly know that a PPC should give them a code and a form that they have never heard of. Most people would not know what we know, so how on earth could they ask for it?

Guys_Dad

Coupon-mad wrote: »

But a person cannot possibly know that a PPC should give them a code and a form that they have never heard of. Most people would not know what we know, so how on earth could they ask for it?

I agree, but you need to take into account what may or may not be written in the rejection letter.

I haven't seen the particular rejection word for word, but if the PPC informs the motorist that they have the right to appeal to POPLA, refer them to the POPLA web site and, if they want to go to POPLA, they should request a code, then they have supplied the motorist with relevant information. They do not offend POPLA's rules by making it a 2 stage process and, of course, a number of motorists will not bother and thereby save the PPC £32.40.

In that case, the 35 day time out will not apply as their argument would be that the motorist didn't ask and as long as they are informed and choose not to ask for a POPLA code, that's their choice.

If I was a PPC, that's what I would do to comply.