Genuine Mistake

George_McLeod

Can you advise please: I received a parking eye notice following a hospital attendance for my son. While looking for a parking bay I noticed that a black bin bag had been put over the payment meters . I parked for 38 minutes . On returning for a further appointment 2 weeks later, the black bags were still over the meters, however I noticed people queuing at the machines and this is when I realised that new machines had been installed and it was in fact the old machines that had been covered !! I purchased a ticket on this occasion and purposely looked around and could not see any signage about the new machines. I received the notice some days later for £70.

Can you let me know if you think that I have grounds for appeal and if so, the wording I should use at the start of my appeal letter

Thank you in advance for your advice. Regards, George

Coupon-mad

There are always grounds to appeal any Parking Eye PCN. The details don't matter.

Follow the advice on any other thread. Your case is no different so read a few!

Go online as shown in the fake PCN and appeal as the registered keeper - not implying who was the driver - saying that PE have made no loss over and above a minimal parking fee which the onus was on PE to make clear. Say that 'the driver' reports that the machines were covered with back bin bags so it wasn't clear in that car park that day, what the requirements were. There were no signs to tell drivers about the new machines and if people are regular users of the car park like 'the driver' was, how would they know about the changes.

Then like in every thread about appeals, you need to read how to win at POPLA.

You should also complain to the Practice Manager if a clinic, or the Facilities Manager if a Hospital. See the 'Successful complaints about PPCs' sticky thread near the top of the forum, which tells you in post #3 how to complain effectively about this scam, to a Hospital via PALS.

George_McLeod

Coupon-mad wrote: »

There are always grounds to appeal any Parking Eye PCN. The details don't matter.

Follow the advice on any other thread. Your case is no different so read a few!

Go online as shown in the fake PCN and appeal as the registered keeper - not implying who was the driver - saying that PE have made no loss over and above a minimal parking fee which the onus was on PE to make clear. Say that 'the driver' reports that the machines were covered with back bin bags so it wasn't clear in that car park that day, what the requirements were. There were no signs to tell drivers about the new machines and if people are regular users of the car park like 'the driver' was, how would they know about the changes.

Then like in every thread about appeals, you need to read how to win at POPLA.

You should also complain to the Practice Manager if a clinic, or the Facilities Manager if a Hospital. See the 'Successful complaints about PPCs' sticky thread near the top of the forum, which tells you in post #3 how to complain effectively about this scam, to a Hospital via PALS.

Excuse my ignorance , is the fake PCN , the letter I received from P E ?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/4816822

HTH

kirkbyinfurnesslad_2

Coupon-mad wrote: »

https://forums.moneysavingexpert.com/discussion/4816822

HTH

That link is all you need

George_McLeod

Thankyou I have read through the link you provided and also Umkomaas walk through link . Two more queries for you please . Firstly , the first and only letter I have received from P E is headed Parking Charge Notice Reminder , is this the NTK , as I can't see anywhere on the letter saying NTK ? Above my name and address on the letter is EYE01 . On this letter it says " Further to the recent PCN this PC remains outstanding " as I said this is the ONLY letter I have received but it sounds like they are implying that they have sent previous correspondence . Secondly it states in Umkomaas link that correspondence from P E for an ANPR notice should be within 14 days of incident; It states on my PCN : Date of event 10th of the month : Date issued 16th of the month : Date 26th of the month I actually received my PCN on the 30th of the month , 20 days after date of event ! I suspect therefore that they are in breach . Many Thanks

kirkbyinfurnesslad_2

Just send of your appeal and advise this is the only letter you have received from them

4consumerrights

Another dirty trick by parking eye then!
Surprising how many letters at various stages appear to go astray from them - they must account for virtually the entire years missed deliveries that go astray from Royal Mail.

They are claiming to have sent you the first RtK on the 16th of the month which would be well within the the 14 day limit for POFA.

Did you file an appeal?

Coupon-mad

the first and only letter I have received from P E is headed Parking Charge Notice Reminder , is this the NTK?

No it is not the NTK (PCN). Even if there was a PCN on the windscreen (rare for PE and it seems there was not?) they have missed out a letter, so make that one point of your online appeal and say:


I think you are having problems with your mail issuing system again, as I have found you admit that you did back in May. I have researched the requirements of POFA 2012 and can tell you that I have never received a Notice to Keeper (PCN) at all. Your reminder is the first communication to me as keeper, so I am appealing as I am entitled to do, and I am still in time. I say that you are in breach of the POFA 2012 as it was 20 days before I got this first letter from you (which is the only letter I can consider to be your 'NTK' in the absence of any other).

It is hard to make an informed decision from a mere 'reminder' but it seems you are alleging the driver needed to pay and display when visiting the Hospital? In fact, it is clear to me that ParkingEye have made no real loss over and above (perhaps) a minimal parking fee; if so then it was up to you to make this clear to the driver at the time. I have been to visit this car park to try to understand the nature of the event and I could see that the machines were covered with back bin bags. Even on my visit recently, it wasn't clear in that car park what the requirements were since there were no signs to tell drivers about any new machines that now seem to be on site but in a different place. I believe this was misleading to the driver, that your huge 'parking charge' is a penalty, not representative to any loss and that you have failed to establish keeper liability due to your postal failures. Send me a POPLA code if you disagree and in the meantime I will be complaining to the Hospital as I see your behaviour (covering machines up and then failing to send a Notice in time) as sharp practice or even entrapment, and not a proper way to run any car park, particularly a hospital car park.

4consumerrights

Or covering machines - entrapment!

=1CM

OP copy CM-s letter to parking eye.

Coupon-mad

Have added 'entrapment' near the end!