Thinking about giving in to Parking eye - advice appreciated, time running out

Nicksy1

Hi and thanks for reading. Forum Newbie but long-time fan.

My question is should I give in and pay a 'goodwill gesture' of £20 before midweek next week, or does anyone have any suggestions how to continue fighting? As described below I am finding I have made several mistakes.

I parked in a private car park last month then 10 days later received a charge notice for £100, reduced to £60 for first 14 days. I had paid and displayed so thought an appeal would win. I immediately appealed online, putting myself as driver and providing 2 photos of my ticket on top of the PCN letter - both next to the reference details and the photos and times of me entering/leaving. I also double stated all the ticket details (e.g. ticket numbers, car park reference, times, etc.) in the wording of my appeal, the amount of time I needed and the cost and time I had paid for. At the last minute I noticed I had missed a letter out of my car reg., but thought I would go with ignorance and submit anyway.

I went back to the car park last weekend as I could have sworn I had seen a yellow NCP sign in the centre (I hadn't). I had no idea that it was an ANCP system and not a pay-and-display system, and have never heard of Parking Eye. The tiny terms and conditions on the tariff sign states that ParkingEye is not the landowner and not liable for upkeep of the car park, but that remaining in the car park is agreement with terms and conditions, including that car reg should be entered fully/correctly.

Talking to my spouse as we left he informed me that the 24 hour rate I paid for did not apply on the day I parked and that I should have paid more - I did not notice this on 2 occasions, and wouldn't have parked there for that price! Also after looking at the photo we took of the sign their rates no longer make sense to me - do the tiered rates even apply on peak days, or is 1 hour on a peak day charged at the 24 hour rate!?!?!

2 weeks after my appeal I have received a letter in response to my appeal saying that the charge was for incorrect entering of car reg. and as a goodwill gesture they would reduce to £20 for 2 weeks (well, I only get 8 days from receipt of letter). Given they hadn't noticed the change in rates for the day I stayed I was going to visit the hotel today to with this letter to complain, but on their website they say they are not the landowner of the car park.

I have no idea who the landowner is. Signage states that neither company own the land or are responsible for it.

I want to keep fighting, but worried POPLA will reject if they notice the incorrect rate for the day and I don't want to pay £100. If I pay the £20 the parking would have cost me 5x as much as the station car park that was unexpectedly closed.

Thanks again


If you are curious to know how my mistakes that morning arose:

I was taking an 8-hour round trip for a conference in Scotland meaning I was parking at 5 am (in the dark, and leaving that night in dark).
Last time I did this same trip the train station car park wouldn't accept my change so I missed my train as there was nobody around to help. So last month I came armed with plenty of change. The 24 hr station car park I was intending to park in appeared to be closed and I wasn't aware of the location of the other station car park.
The hotel car park shared the back-ally entrance with intended station car park. I checked it out - not for patrons only. Only £3.50 more to stay (so I thought). I didn't want to miss my train again and there was a space!
I only had ~ 5 hours sleep as getting ready the night before I realised I had left the train booking reference at work and had to fetch them at 10:30 pm. So I lacked sleep and had a migraine starting.
I tried putting coins in, and then realised I needed to enter reg. Started inputting old reg., deleted this then had to read my actual reg. off my car as I entered it.

Fruitcake

You should have received a PoPLA code with your rejection from Parking Lie. Use it and save yourself £20.

Generate your draft appeal using all the relevant appeal points available from post 3 of the NEWBES thread then show the regulars here before submitting it.

It's a shame you admitted to being the driver as you have thrown away a valuable appeal point. Never mind, several points are still available including "inadequate signage."
As this is a station car park, byelaws may well apply in which case only the owner is liable, not the driver or keeper. This may explain why parking lie are only asking for £20. Normally they want the full £100 and will go to court to get it. The fact they are only asking for a measly £20 makes me think they know they are onto a loser but are hoping they can scare you into paying.

Nicksy1

Thanks fruitcake.

I parked in a hotel car park next to the station car park that I had wanted to use.

PE haven't sent me a POPLA code. Haven't even acknowledged my name (Dear Sir/Madam) in the letter with the £20 offer.
The letter states "we must warn you that if this balance [£20] is not paid within 14 days from the date of this correspondence, [now 6 days away] the Parking Charge will increase to the original value [£100].
"Please note, if no payment is received, the appeal may well be rejected and a POPLA code provided." The details provided are payment only, or go through the appeals portal and miss the deadline because of slow turn-around. I do not like this company.

Because the £20 sounded like a scam to make money anyway, I wanted to go to the hotel to say 'look I paid, slight mistake in car reg., I didn't cause you any losses as I paid, and PE illegally obtained my details from DVLA since mine was only car to have entered and only payment made around that time in the morning and they could easily have seen this on their system, and wouldn't have happened with an attendant as I displayed a ticket'. I haven't actually spoken to the hotel but their website states they don't own the car park and patrons still have to pay, so I don't know who to complain to (unless the website statement is a deterrent?) maybe I should try contacting the hotel's general manager?

Should I post a picture of the signage to see if it clear enough?

The initial letter from the ANPR system said either the car had stayed too long or not paid at all and gave the option to appeal with proof of payment such as bank statement, which is why I thought the ticket would work. It wasn't until this 'goodwill' gesture that they have committed to my 'offence'/breach of contract being an incorrect registration number.

Yes I realise the mistake in admission, especially as the photos were jet black, I thought the driver field on the appeal was mandatory since the letter was saying name the driver or pay anyway and I thought I was going to have the charge overturned . I wish I had read the internet advice rather than immediately replying.

Fruitcake

OK. So, wait for the inevitable rejection and PoPLA code. Do not contact parking lie until you get the code.

Meanwhile, complain like mad to the hotel manager. You were a genuine customer and you are now being penalised by a member of an unregulated scam industry.

If they won't cancel, leave negative feedback on their website and fakebook or trapadvisor to warn other customers about the scam being foisted on genuine customers.

Also, get photos of the site and signs if possible.

Umkomaas

All the detail is unnecessary - PE won't accept any 'good will gesture' for less than what they are asking for; complete waste of time. They deal with hundreds of thousand tickets each year (the most prolific in the country), they want their pound of flesh, no negotiation, no compromise, pay up or risk a court case.

But you can win this by following forum advice.

Rather than trying to wrong foot them, send them the NEWBIES FAQ sticky initial appeal for a BPA operator (the one in blue text) - your initial contact doesn't appear to be any form of appeal - get your POPLA code, then defeat them at POPLA (with forum support).

Fruitcake

Umkomaas wrote: »

All the detail is unnecessary - PE won't accept any 'good will gesture' for less than what they are asking for; complete waste of time. They deal with hundreds of thousand tickets each year (the most prolific in the country), they want their pound of flesh, no negotiation, no compromise, pay up or risk a court case.

But you can win this by following forum advice.

Rather than trying to wrong foot them, send them the NEWBIES FAQ sticky initial appeal for a BPA operator (the one in blue text) - your initial contact doesn't appear to be any form of appeal - get your POPLA code, then defeat them at POPLA (with forum support).

Unfortunately the OP has already appealed as driver and is now waiting for a PoPLA code.

Nicksy1

Hi Umkomaas, PE are offering the 'timelimited goodwill gesture' to me, I have not offered them anything other than my 'parking receipt'.

I'm surprised I don't have a copy of my original appeal - I would normally screenshot important forms. So do I need to send them the prescription Newbie appeal text even though I already put in an initial appeal 2 weeks ago that they have just confirmed receipt of with a timelimited "discounted payment of £20". Is this best in writing or through their online appeal portal as these are my only 2 options when trying to request a POPLA code?

I wasn't trying to wrong-foot anyone, just overturn an unfair 'charge' when I paid upfront for 24 hours and stayed for <16, with a receipt. But as I say I now no-longer know how many hours I could have gotten for what I paid.

fisherjim

Umkomaas wrote: »

All the detail is unnecessary - PE won't accept any 'good will gesture' for less than what they are asking for; complete waste of time. They deal with hundreds of thousand tickets each year (the most prolific in the country), they want their pound of flesh, no negotiation, no compromise, pay up or risk a court case.

But you can win this by following forum advice.

Rather than trying to wrong foot them, send them the NEWBIES FAQ sticky initial appeal for a BPA operator (the one in blue text) - your initial contact doesn't appear to be any form of appeal - get your POPLA code, then defeat them at POPLA (with forum support).

Parking Eye are offering a "goodwill gesture" of a £20 fee not the OP Umkomaas.

Umkomaas

Fruitcake wrote: »

Unfortunately the OP has already appealed as driver and is now waiting for a PoPLA code.

This is the bit that makes it unclear just where this is at, and which prompted my comments.

Please note, if no payment is received, the appeal may well be rejected and a POPLA code provided." The details provided are payment only, or go through the appeals portal and miss the deadline because of slow turn-around. I do not like this company.

As the OP is dealing with the nasty of nasty, best taking a 'safety-first' approach, because miss the 28 day PE appeal deadline, its likely a case of an imminent county court claim.

Fruitcake

Nicksy1 wrote: »

Hi Umkomaas, PE are offering the 'timelimited goodwill gesture' to me, I have not offered them anything other than my 'parking receipt'.

I'm surprised I don't have a copy of my original appeal - I would normally screenshot important forms. So do I need to send them the prescription Newbie appeal text even though I already put in an initial appeal 2 weeks ago that they have just confirmed receipt of with a timelimited "discounted payment of £20". Is this best in writing or through their online appeal portal as these are my only 2 options when trying to request a POPLA code?

I wasn't trying to wrong-foot anyone, just overturn an unfair 'charge' when I paid upfront for 24 hours and stayed for <16, with a receipt. But as I say I now no-longer know how many hours I could have gotten for what I paid.

You have made the initial appeal. All you can do now is wait for them to give you a PoPLA code. If they fail to give you one in the prescribed time, then you complain to the BPA. If you get one, you make a PoPLA appeal using all the available template appeal points from post 3 of the NEWBIES.

Meanwhile you complain to the hotel manger and obtain pics of the car park signage

Nicksy1

Attempt at photos of signs. If these appear clear then I will give up and go with the £20, but will stand and fight if it appears I have a chance if this signage is not clear enough. I can't post links yet so I'm afraid I had to put the links with spaces after the http

How the sign appeared where I was stood - I was looking to pay cash for 16 hours from 5 am on a weekday (friday):
http /s1253.photobucket.com/user/nicksy/media/IMG_20170423_014937_zps773hio98.jpg.html

Terms close-up:
http /s1253.photobucket.com/user/nicksy/media/IMG_20170423_015031_zpsvcx4eh6b.jpg.html

Hotel's sign:
http /s1253.photobucket.com/user/nicksy/media/IMG_20170423_015053_zps71aih5tj.jpg.html