Parking Eye - New Driver

warehouse

Hi Everyone, I've used your advice successfully many moons ago and could really do with some guidance on this one. I'll keep it as simple as possible, if you guys think we have a case then I'll go into more detail.

My daughter is a new driver, (less than 2 months), and this is the first time she's used a car park. The car park is run by Parking Eye. She used the car park to park for her part time job so was there for 5 hours.

She parked but didn't have any change, so followed the instructions on the sign to pay with her debit card. The sign says "text "info" to xxxxx for payment instructions". She did this. The text she got back said the following:

"To park send the location number on the PayByPhone sign, followed by parking duration, your 3 digit CVV and your number plate to xxxxx".

She did this and had a reply saying she hadn't formatted the text correctly so she sent it again correctly and then had no other reply, so she assumed all was OK. Obviously I know that you can't pay anything by CVV number alone, but she was simply following instructions and assumed you could.

The next day she did exactly the same thing.

Today, just back from Reading Festival and her two unopened letters contain 2 x parking fines for £60 each, rising to £100.

Obviously there's been no communication with Parking Eye just yet, and if the good folk here say hard luck pay it, we'll pay it. However, I'm not sure it's that clear cut, hence asking for advice.

Many Thanks.

bod1467

The good folk here would never say "pay it".

Your (her) advice is in the NEWBIES thread.

Maybe add a point to the blue text appeal ...

x) The driver followed the Pay By Phone instructions exactly as shown on the signage at the payment machine. As such the driver believed the necessary payment had been made. Therefore this PCN has no viability ... the most that may be owed by the driver is the actual cost of parking (IF such payment has indeed not been made).

Send the same appeal for each PCN.

Herzlos

Don't pay, Parking Eye violate so many of their rules it's still unenforcable, but a bit of work is required.

Just reply with the blue text from the newbies thread. Alternatively, you could also offer them 2x whatever the parking fee for the 5 hours is, plus maybe £10 for their time, whilst not naming the driver and accepting no liability.
They are pretty unlikely to accept it, but it makes you look reasonable should it go further.

Coupon-mad

Obviously there's been no communication with Parking Eye just yet, and if the good folk here say hard luck pay it, we'll pay it. However, I'm not sure it's that clear cut, hence asking for advice.

We won't say that but the first rule I taught my DD when she passed her test was - avoid ParkingEye car parks (and certain other names). In Cambridge the other day when I was picking her up from her student house, she and I had to stop in town and we chose a TPS car park over a PE one, so those retailers got our business, not the ones with PE infesting the car park.

You DD should avoid that car park like the plague even if it means walking further to work; sooner or later PE will find another excuse for more PCNs. And more. There will always be some glitch or issue and more PCNs will arrive, it's what they do for money. Then they sue.

Complain to your MP about this scam when PE reject your appeal, which needs to be done online x 2 in the name of the registered keeper (not saying who was driving). Then try POPLA. Worst case scenario is she loses at POPLA and pays £100 x 2, or gets a court claim which is a big ask for a young girl to fight.

beamerguy

Coupon-mad HAS SAID IT ALL.

PARKING EYE are scammers

Here is the clue ..... Parking Eye is owned by Capita.

Now, Capita are in bed with the government from payrolls to TV licencing AND lot's in between.

Work it out for yourself ..... who is in charge of the scam ??

You could invite your MP to get involved. He/she will contact the right department and within a few weeks will report back with an answer that is more rubbish than your local rubbish tip.

AVOID any car park operated by Parking Eye and tell the retailers why.

PASS IT ON .... Tell everyone to avoid car parks operated by Parking Eye .... shop somewhere else, not in a Parking Eye infested car park

warehouse

Great advice and much appreciated, Thank You.

I visited the car park yesterday and saw that on the ground floor the two Parking Eye payment machines are standing next to two Britannia Parking machines. All appear to be usable. The Parking Eye and Britannia instructions to pay by card on the machines have different numbers to call, (obviously), but this is very confusing for a first time user.

Date of issue of both tickets is August 20th, is there any benefit to waiting until appealing?

Draft letter below, is it acceptable? (keeper details will be added).


Date: 31st August 2016

Dear Sirs

Re: PCN No. xxxxxxxxxx

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

In the car park there are 4 payment machines on the ground floor, 2 operated by Parking Eye and 2 operated by Britannia Parking. Each have different instructions for paying by text which is highly confusing.

The driver followed the Pay By Phone instructions exactly as shown on the signage at the payment machine and then via the text that followed. As such the driver believed the necessary payment had been made. Therefore this PCN has no viability ... the most that may be owed by the driver is the actual cost of parking (IF such payment has indeed not been made).

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

LoveNorfolk

warehouse wrote: »

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I like this bit!!

Coupon-mad

Glad someone does!

warehouse, there is no need to wait before appealing a postal PCN.

warehouse

Coupon-mad wrote: »

Glad someone does!

warehouse, there is no need to wait before appealing a postal PCN.

I intend to do it online, is there any benefit to going via the post?

Fruitcake

warehouse wrote: »

Great advice and much appreciated, Thank You.

I visited the car park yesterday and saw that on the ground floor the two Parking Eye payment machines are standing next to two Britannia Parking machines. All appear to be usable. The Parking Eye and Britannia instructions to pay by card on the machines have different numbers to call, (obviously), but this is very confusing for a first time user.

Date of issue of both tickets is August 20th, is there any benefit to waiting until appealing?

Draft letter below, is it acceptable? (keeper details will be added).


Date: 31st August 2016

Dear Sirs

Re: PCN No. xxxxxxxxxx

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

In the car park there are 4 payment machines on the ground floor, 2 operated by Parking Eye and 2 operated by Britannia Parking. Each have different instructions for paying by text which is highly confusing.

The driver followed the Pay By Phone instructions exactly as shown on the signage at the payment machine and then via the text that followed. As such the driver believed the necessary payment had been made. Therefore this PCN has no viability ... the most that may be owed by the driver is the actual cost of parking (IF such payment has indeed not been made).

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

I would amend that to say that the driver followed the parking lie instructions so there is no wriggle room for the scammers to say he/she used the wrong method.

You could also add that their unfit for purpose payment system caused a frustration of contract so neither you or the driver can be held liable.

Umkomaas

warehouse wrote: »

I intend to do it online, is there any benefit to going via the post?

Do it online (take a screen shot before pressing the 'Submit' button). It's unbelievable how many postal appeals are 'never received' by PPCs. Royal Mail must have some real vendetta against them!