ParkingEye - Royal Free Hospital London

knowncolo

Hi,

I recently used the car park at the Royal Free hospital in London which uses NPRC and allows you to pay at any point during your visit.

I tried for around 15 minutes to use the parking machine which consistently refused to process my payment via card or cash. The machine ate my £10 note which I had to go into the basement cashiers office to get refunded. Other people were having similar issues with the machine but some were able to pay as well.

I have received a PCN and a reminder PCN.

Having read through the forums I plan to invoke the appeals process but and not sure whether I should do so on grounds of GPEOL or the ticket machine not working.

I have drafted the below letter which I plan to submit to them via the website but want to check if anyone has any advice before I do so.

Dear Parking Eye,

As the registered keeper of xxxxxxx I'm in receipt of your parking invoice xxxxx/xxxxxx dated 20/12/2013. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) The driver was unable to pay for parking as the machine consistently refused to accept payment by credit card, debit card, or cash
3) Your signage does not comply with the BPA Code of Practice
4) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

My challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a POPLA verification code.

Faithfully

Many thanks,
knowncolor

Browntoa

Best edit out your number plate and the invoice number as PE do read the threads here

Redx

remove your personal reg number and pcn number from the above

also add the details about the faulty ticket machines causing you those problems you mentioned too

Coupon-mad

Your draft appeal looks fine, send it online asap & you are halfway there! You could also complain to the PALS Officer at the Hospital - as explained in the 'Successful complaints about PPCs' sticky thread. We have seen PALS help with Hospital complaints fairly quickly before - link is in the sticky thread.

knowncolo

We have received a reply from ParkingEye. Without typing out the letter in full the main points it makes are below, with [paraphrased]. Any suggestions on what we should do? At the moment it feels like just wait for them to write to us again.

"We are writing to advise you that your recent appeal has been referred for further information."

"You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was."

"You have already been notified under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. [Please send us the drivers address]"

"[In 29 days we will ask the RK to pay instead of the driver.] This parking charge has been placed on hold for 14 days in order for you to provide additional/further advice"

Redx

its a stalling letter, you clearly asked them for a popla code and they are trying to trap you into revealing the driver details

you do not have to reveal any driver details due to that POFA 2012

I suggest you appeal again and say

"cancel or popla code, like you were told to do previously and as per the BPA CoP"

here is an example of replies by the BPA to disgruntled members

http://forums.moneysavingexpert.com/showpost.php?p=64401866&postcount=108

it states quite clearly that the PE response is hogwash and breaks their CoP

Stroma

You have informed them you are the registered keeper, they don't need the driver details and asking for it is a breach of pofa 2012, I suggest you read coupon mad's newbies thread and make complaints to the dvla and bpa about this. You also don't tell them who was driving

Coupon-mad

Redx wrote: »

its a stalling letter, you clearly asked them for a popla code and they are trying to trap you into revealing the driver details

you do not have to reveal any driver details due to that POFA 2012

I suggest you appeal again and say

"cancel or popla code, like you were told to do previously and as per the BPA CoP"

here is an example of replies by the BPA to disgruntled members

http://forums.moneysavingexpert.com/showpost.php?p=64401866&postcount=108

it states quite clearly that the PE response is hogwash and breaks their CoP

Seconded. Definitely quote this at them:

http://forums.moneysavingexpert.com/showpost.php?p=64401866&postcount=108

Easy. You can also report them to the BPA and DVLA because of the fact they have been told NOT to send such claptrap and obviously still are in breach. Email Address for the BPA chap Steve Clark and the DVLA chap David Dunford (email both together) is in the Newbies FAQs thread under 'complaints'.

knowncolo

Many thanks for all your helpful replies. We are now planning to send another appeal to PE, and an email to Steve Clark at the BPA and David Dunford at the DVLA.

Drafts below for your comments.

Appeal to PE.

Dear Parking Eye,

As the registered keeper of xxxxxxx I am in receipt of your letter dated xxxx in which you acknowledge receipt of my first appeal to you which requested either a cancellation of the parking charge, or a POPLA verification code. You have not provided either of these.

You have also asked me as the registered keeper to disclose the name and postal address of the driver, if known, and warn me that you have the right to recover the fee directly from me if I do not provide it.

You are voilating the BPA Code of Practice both by asking me to enter into additional correspondence to obtain a POPLA code, and indicating that providing the POPLA code is conditional on the driver details being supplied to you. I will be informing the BPA and DVLA of your conduct.

Please issue your cancellation within 35 days of this letter, or forward a POPLA verification code.

Sincerely,

Email to BPA and DVLA

Dear Dave Dunford, Steve Clark,

I am writing to let you know about a letter I received from Parking Eye which appears to be a breach of the code of practice on the following two points:
- "Asking the motorist to enter into additional correspondence to obtain a POPLA code"
- "Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied."

I can forward full details of the letter if you require.

Kind regards,

Redx

you have mis-spelt violating in the first letter , please amend it

I would put in the PE reference in the BPA letter, possibly the dvla letter too

hoohoo

The BPA and DVLA will require the letter so you might as well attach a copy to the first email