PCN from Parking Eye for overstay at motorway services after car breakdown

Funkydaz

Hi, last year I had a pcn from PE and got it cancelled at the first hurdle thanks to this forum. I have read the newbie thread and stickies and all seems pretty much the same as last year when I had to challenge. On my way to holiday this year my car broke down. Had no choice but to pull in at the motorway services. Hardly any signage all the usual guff. It took a while for recovery to get to us, when they did they tried a repair which included having to drive the car to test it on the main road, when this happened we had gone over the 2hrs free period. The car still wasn't right and was eventually towed away. I have proof of recovery etc etc. Whilst we were waiting and realised we had gone over we tried phoning. There is no ticket system to pay for additional parking the sign says phone one of their numbers and register then pay. Was announced after registration that there was a fault and line was cut. This kept happening, so basically we knew the inevitable would happen. Obviously am not going to admit the breakdown yet but was wondering is it harder to contest these pcns from a motorway services carpark? Notice was waiting for us when we got back and all seems correct to bpa regs. This was last week. Today have received a reminder which also mentions they won the case of PE V Beavis. I assume we do not mention this in the first template letter now? Sorry this is long winded I just wanted to check if exactly same procedure as when I did this last year and hoping for any advice and if any tips for motorway services carparks charges and if any different legalities to win on. Many thanks 😊

Northlakes

Read and digest the NEWBIES thread. You really need to get the services operator to cancel the PCN.
Appeal though to PE in time to get a POPLA/OS code and you will win there.
With PE don't ignore as these things just don't go way.

The_Deep

They lie, they have NOT won the Beavis case, report them to the BPA and in writing to your local Trading Standards Officer.


My understanding is that there is always a way of buying extra time in MSAs, either by 'phone or in a shop or restaurant. Therefore, the (awaited) Beavis judgement does not apply, as there was no such arrangement in place where he overstayed. Therefore there is no commercial justification for a penalty.

Redx

just send the template letter and add a note that the vehicle had broken down and was awaiting recovery and this will be used as part of any defence to the Ombudsman Service and eventually in a court of law, with documentary proof

you could also attach any such proof, redacted so as not to give away too many details, stating the full unredacted paperwork will be produced in court at the appropriate time

do not give away who was driving, nor infer it nor mention it

the Beavis case is still with the Supreme Court and a decision is expected in october so they have "won" sweet FA

also complain to the landowner too

Funkydaz

Thanks everyone! Will send a new template letter and add note of vehicle was waiting recovery, with a copy of redacted paperwork I had received. The anpr pics show the car leaving the site over the permitted time because the mechanic wanted to roadtest it for the fault to help me on my way before it was recovered. Do I explain this in the template aswell or wait if this goes further to POPLA?

Redx

save the ammunition for the Ombudsman Service (not popla , popla ends at the end of this month)

Half_way

also Get in touch with the landowner.

Fruitcake

Funkydaz wrote: »

Thanks everyone! Will send a new template letter and add note of vehicle was waiting recovery, with a copy of redacted paperwork I had received. The anpr pics show the car leaving the site over the permitted time because the mechanic wanted to roadtest it for the fault to help me on my way before it was recovered. Do I explain this in the template aswell or wait if this goes further to POPLA?

Save the fine detail for PoPLA/OS. Just whack in the standard template appeal now including the bit about being broken down as an extra point.

It would be interesting to see what the OS does with mitigating circumstances so perhaps put the breakdown bit first if/when it gets to Popla/OS?


edit


Be careful not to out the mechanic or yourself as the driver!

Funkydaz

Ok template and small note saying was awaiting recovery will be sent. I assume this should, if rejected, be elevated to the ombudsman instead of POPLA now then?

ampersand

Funkydaz wrote: »

Ok template and small note saying was awaiting recovery will be sent. I assume this should, if rejected, be elevated to the ombudsman instead of POPLA now then?

#
Hello Fd -
re: 'elevated to the ombudsman '.
The faux inference of elevated status is precisely what concerns me re: new r!gime.
No doubt ppscumps will use 'The Ombudsman' as Honorific to daunt victims in selective reports of triumphs. On verra.

Ombudsman Services Limited is a company.
http://companycheck.co.uk/company/04351294/THE-OMBUDSMAN-SERVICE-LIMITED/directors-secretaries#people-current

They go 'live' from 14 September.
#
Can't be worse than IAS/IPC though........?

Funkydaz

Hi,

Whilst sorting out the template letter ready to send to PE my partner phoned Welcome Break services in Telford where we had pulled in to sort the car etc. She explained what happened calmly but expressed how stressed we were and that we were dissapointed about getting a ticket.

My partner had asked for the manager in Starbucks or WH Smith ( local managers) as advised on here.

The lady on the phone explained that it was the Days Inn hotel that she had reached which is onsite at Welcome Break there.

She was extremely helpful and very sympathetic. Without hesitation she said she could cancel the PCN, asked for the PCN number and car details. She sent an email to PE whilst on the phone to my partner, requesting a cancellation as we were guests of the hotel. She also copied us in to the email. That was approx 3 weeks ago. After that we realised she got the reg wrong. We phoned back and spoke to the same lady, she said it was fine and not to worry.

Clearly they have done this many times.

I sent the template letter aswell as a matter of precaution as was close to the expiry date of 28 days.

Today we have received letter from PE confirming cancellation of the PCN!!

HAPPY DAYS!