ParkingEye PCN - broken ticket machine, need help on POPLA appeal

maomaomylove

Hi everyone, I am very new here, but I need some help on the POPLA appeal against ParkingEye, many thanks.

We received a PCN as the keeper of the car, on an event happened on a rainy Sunday night. Can't remember who was the driver, but still remember the event.

It was a rainy Sunday night around 9pm, we had an emergency doctor appointment arranged by 111 for our baby in City of Coventry Health Centre. When we arrived the car park, it was very dark, no light (or nearly like no light), no clear signs can be seen at the entrance and the car park was very empty. The driver got off the car and tried to search for any signs, and found a broken pay&display ticket machine. There was no clear instructions on the machine to tell us what to do in the event when broken. We looked around, and could not see any other clear signs in the rain.

We couldn't make a payment due to, unclear signs at night and in poor weather condition, broken ticket machine and no clear instructions. Also consider there was a sick baby waiting for an emergency doctor appointment at that time.

I have appealed to ParkingEye based on fact mentioned above, and also used the template Coupon-mad provided in the NEWBIES thread, but they rejected my appeal with the reply: "...Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available on the day in question....As gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence (only 1 week left now)..." They did provide me a POPLA code though.

Do you guys think if I appeal to POPLA, I have a chance to win or lose?

Many thanks again!

Coupon-mad

Firstly, can you look at the first PCN and tell us if it has a paragraph in the bottom half of page one, about 'after 29 days...under the POFA 2012...we will have the right... to hold the registered keeper liable'?

maomaomylove

I have read Chrisotherwise's thread, and found the case very similar. Should I use his POPLA appeal points in my appeal?

1. ParkingEye Ltd has no contractual authority
2. Keeper Liability Requirements and the Protection of Freedom Act
3. ANPR Accuracy and Compliance
4. No Contract was entered into between the Parking Eye and the Driver or Registered keeper
5. The car park had unclear, non-obvious, non-bpa-compliant signage leading to the driver not being aware that a parking contract was being offered at the time

I didn't find he said anything about the broken ticket machine in the appeal letter......

pappa_golf

maomaomylove wrote: »

I have read Chrisotherwise's thread, and found the case very similar. Should I use his POPLA appeal points in my appeal?

1. ParkingEye Ltd has no contractual authority
2. Keeper Liability Requirements and the Protection of Freedom Act
3. ANPR Accuracy and Compliance
4. No Contract was entered into between the Parking Eye and the Driver or Registered keeper
5. The car park had unclear, non-obvious, non-bpa-compliant signage leading to the driver not being aware that a parking contract was being offered at the time

I didn't find he said anything about the broken ticket machine in the appeal letter......

that was not the question asked , the question was


"Firstly, can you look at the first PCN and tell us if it has a paragraph in the bottom half of page one, about 'after 29 days...under the POFA 2012...we will have the right... to hold the registered keeper liable'? "


please answer that , it is being asked for an important reason

maomaomylove

Coupon-mad wrote: »

Firstly, can you look at the first PCN and tell us if it has a paragraph in the bottom half of page one, about 'after 29 days...under the POFA 2012...we will have the right... to hold the registered keeper liable'?

Hi, many thanks for the quick reply! We looked the first PCN letter, and it didn't contain any words you mentioned

maomaomylove

pappa_golf wrote: »

that was not the question asked , the question was


"Firstly, can you look at the first PCN and tell us if it has a paragraph in the bottom half of page one, about 'after 29 days...under the POFA 2012...we will have the right... to hold the registered keeper liable'? "


please answer that , it is being asked for an important reason

Hi thanks! No, there wasn't any such words mentioned in the letter

Coupon-mad

maomaomylove wrote: »

Hi, many thanks for the quick reply! We looked the first PCN letter, and it didn't contain any words you mentioned

Nice one! Good.

OK so, does it have a blank space near the end of page one (as if a short paragraph is missing) and what is the gap in days, between the 'date of event' and 'date issued'?

maomaomylove

Coupon-mad wrote: »

Nice one! Good.

OK so, does it have a blank space near the end of page one (as if a short paragraph is missing) and what is the gap in days, between the 'date of event' and 'date issued'?

Yes! It has a blank space near the end of page one like a short paragraph is missing

Date of event: 21/08/2016
Date of issue: 08/09/2016
Date of reject appeal: 03/10/2016

Thanks!

pappa_golf

CM will be along shortly , but in your appeal did you mention that you were the DRIVER or just the reg keeper


PS , the dates shown indicate that PE exceeded the 14 days to communicate in order to hold you (the reg keeper) liable , you have stated "Date of issue: 08/09/2016" , but I will guarantee they sent it via private mail company , and you received it at least a week after that date

maomaomylove

pappa_golf wrote: »

CM will be along shortly , but in your appeal did you mention that you were the DRIVER or just the reg keeper

Thanks, no I didn't mention who was the driver, I just said I am the reg keeper. Tried to follow the guide in the NEWBIES thread.

pappa_golf

OK , you did right , have you contacted the health centre and explained that due to lighting and faulty machine you could not pay , and asked them as a genuine customer to get it cancelled? , if not DO IT tomorrow