Top Up parking in Hospital and driver id

Renaissance10

Hi


The Driver and Keeper have read through the newbies thread and thought they understood why its better to not divulge who the identity was re: PCN - less sure now. The Driver used The Keepers car and is drafting the response on behalf of the Keeper.

The Driver parked hospital car park for an A&E visit. The Driver was there for a few hours and paid for a ticket which covered the Driver for 4 hours. The Driver was waiting for tests and was unable to go out to buy a further ticket. There was a sign saying ..."if you do exceed the amount of time you purchased you can pay for the additional parking time before you leave."

The Driver thought that was a better route to take rather then waste NHS staff time and miss being called for a X-ray. Before exiting The Driver paid by card (initial ticket was by cash) for an extra hour. No additional ticket was given but the registration plate was entered into the machine. 5 hours parking fee for a 4 hour and 58 min stay. You won't be shocked that the Registered Keeper of the car received a Parking Charge Notice.

The Driver feels they complied with the rules and presumes they have made a mistake on their end,


Unsure how to appeal.


Thank you

Renaissance10

This is what I have drafted as a response, your advice is appreciated:


Dear Sir/Madam:
I received sent this parking charge notice and I presume this to be in error. The driver in charge of the vehicle on at the time of the incident you are alleging visited the Hospital and in keeping with your signage in the grounds purchased a ticket to park (see enclosed copy). The driver then later paid an extra £2.20 in the machine (last 4 digits: XXXX).
This total amount covered the driver for the time stayed in the car park. Please can you therefore cancel this parking charge notice.
Regards

Fruitcake

Edit your first post! You have told the whole world who was driving. Get into the habit of only referring to The Driver and The Keeper, who are two different people as far as anyone is concerned. Parking scammers read these fora and can identify someone from the time/date/location of a ticket. A screen grab is then all that is needed to identify who wrote something like, I parked ...

Then read the Sticky thread for NEWBIES before sending the appropriate appeal template depending on which ATA the PPC belongs to. (Acronyms re explained in the NEWBIES.

Send the appeal from the day to day keeper who may or may not be the registered keeper.

fisherjim

That appeal won't work, they just want your money and have no interest in rights or wrongs!
Follow Fruitcakes advice.
Who is the PPC?
Have you contacted PALS?

Renaissance10

Thank you. The advice have been re-read but not sure how to apply in this case. As the Keeper paid on entry and then a top up on exit the can the below template be applicable?


The section in red is added.


Parking Eye are the PPC and have said the requirements of POFA are satisfied. The Driver doesn't want to create any stress for the Registered Keeper / Owner. The Driver is both worried and angry as this is their error not The drivers..


Good idea to complain to PALS - presume you means Patients Advisory Liaison Service which will be done.


Still not sure on next steps. Newbie advice has been looked at but the keeper/driver part and that tickets were purchased makes the driver wonder if it changes anything.




Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

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.





Please also find proof of both payments and a copy of the sign regarding topping up later. I have already explained this and do not know why you keep pursuing this matter and making threats which I find unwanted and harassing. There is no breach here.



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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Fruitcake

I have already explained this and do not know why you keep pursuing this matter and making threats which I find unwanted and harassing.

I don't understand the bit in bold. It sounds like you have already contacted parking lie about this. Is this the case or have you still to make the initial appeal to the scammers?

Renaissance10

A response was sent by the Keeper saying they were not the Driver at the time and didn't think they needed to share that information as there was no valid claim due to the tickets being bought. First by cash which produced a ticket and secondly by card which didn't - presumably should have linked to the ANPR.

Fruitcake

Renaissance10 wrote: »

A response was sent by the Keeper saying they were not the Driver at the time and didn't think they needed to share that information as there was no valid claim due to the tickets being bought. First by cash which produced a ticket and secondly by card which didn't - presumably should have linked to the ANPR.

Did the keeper actually appeal when saying they weren't the driver.

It is not clear whether an appeal has been made and rejected, in which case the keeper should have a PoPLA code, or if the keeper has not actually appealed and just said they weren't driving but that parking was fully paid for. Parking lie may not take the latter as an adequate appeal.

... should have linked to ANPR. Well yes it should, but then parking lie would lose revenue. It is well known that ANPR is not for for purpose which is why the UK Gov prohibits its use for car park monitoring. If the scammers used a fair system though they wouldn't make as much money.

Coupon-mad

Renaissance10 wrote: »

A response was sent by the Keeper saying they were not the Driver at the time and didn't think they needed to share that information as there was no valid claim due to the tickets being bought. First by cash which produced a ticket and secondly by card which didn't - presumably should have linked to the ANPR.

So did that get a POPLA code in a rejection letter? If so, the clock is ticking and you don't contact PE again, you do the POPLA thing within 28 days, like everyone else here.

Renaissance10

There was a misunderstanding between the keeper and the driver and I thought there was a POPLA code but there isn't. We live at different addresses and with busy lives haven't been able to properly correspond. I don't have reply to the initial letter which I was appealing on the grounds of not a valid charge, even if I did subscribe to they practice.


What's the best course, appeal and ask for a POPLA code anyway?


Thanks

Coupon-mad

What's the best course, appeal and ask for a POPLA code anyway?

Yes but that would have been in the rejection letter. You should start an email exchange with PE:

info@parkingeye.co.uk