Parking Eye PCN in RUH Bath

greekcoffee

Hi all,

is it possible for someone to cast his/her eys over this appeal letter I about to send to Parking Eye.
To cut a long story short, visited Bath RUH on the 25th January and I payed on exit using the machines instructions on-screen digital dipspay and payed what the machine asked me to pay. On March 6th I recieved a PCN for the usual £80 fine or discounted to £40 with no much explanation as to why. Thank you in advance. This is the letter...

[FONT=&quot]Dear Sirs

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

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


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.

Your PCN in non-compliant with Schedule 4 Protection of Freedoms act 2012, Paragraph 9 (c), (d), Paragraph 9 (4) (b), Paragraph 9 (5)[/FONT]

[FONT=&quot]Checking your records you will find that a parking ticket was obtained and paid as per the digital on-screen instructions on your paying machines on site.[/FONT]
[FONT=&quot]In order to resolve the dispute I attach copies of the driver's bank transactions that day as they were a genuine customer.[/FONT]

[FONT=&quot]Should have you obtained 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,

[/FONT]
[FONT=&quot]The Keeper of the car[/FONT]
[FONT=&quot]Mr K...........[/FONT]

The_Deep

You say "not much explanation", was there any? There would seem to be some sort of technical failure with their equipment here.

Fruitcake

If you are using a bank statement as evidence, make sure you redact the name otherwise you will be giving parking lie the driver's details.

What happened when you complained to PALS?

greekcoffee

I have attached a screenshot of the statement but blurred out the rest of the details...
As to PALS, I am awaiting the outcome of this first before I get in touch with them...

Marktheshark

I would keep it simple, I paid here is the proof, they will reject it .
Just get a POPLA code and come back.

Coupon-mad

Marktheshark wrote: »

I would keep it simple, I paid here is the proof, they will reject it .
Just get a POPLA code and come back.

NO - because this OP has a non-POFA PCN, it seems, going by the dates. It is vital not to say 'I' when someone is lucky enough to have the golden ticket:

https://forums.moneysavingexpert.com/discussion/5618586

HTH

greekcoffee

As I mentoned earlier, I have appealed against this PCN using Parking Eye's online appeal procedure on the 16th March. Today I have recieved a further letter from them with a Final Notice giving me 14 days to pay. Failing payment they will refer this to a credit Reference Agency, Solicitors, Debt Recovery etc.
No mention of my my appeal, no POPLA code, basicaly they ignored my appeal.
Advice how to proceed will be appreciated.
thanks

Marktheshark

Write to them, they can ignore e-mails.
State it is not an appeal, but proof you have fulfilled the contract offer terms and conditions and therefore no breech of contract penalty is payable.

Umkomaas

Complain to the BPA (and cc to the DVLA) that they are continuing to pursue this charge despite it being under appeal.

Coupon-mad

greekcoffee wrote: »

As I mentoned earlier, I have appealed against this PCN using Parking Eye's online appeal procedure on the 16th March. Today I have recieved a further letter from them with a Final Notice giving me 14 days to pay. Failing payment they will refer this to a credit Reference Agency, Solicitors, Debt Recovery etc.
No mention of my my appeal, no POPLA code, basicaly they ignored my appeal.
Advice how to proceed will be appreciated.
thanks

I would email them - they don't ignore emails but they DO appear to lose letters. So don't write a letter.

info@parkingeye.co.uk

Ask for the POPLA code and tell them when you appealed online, and if they don't reply within a week, complain to the BPA.

fangoose

I paid my fine while appealing to the hospital. Similarly, I paid on exit and was expecting to be told what to pay. I had not noted arrival time being stressed. The hospital instructed the fine be refunded and I received a cheque about a week later. Good luck.