****Help with POPLA appeal****

Coupon-mad

I once emailed the CEO of that NHS trust. That worked.

jack123456

Hi everyone, great news! Had the confirmation through last night that the appeal was successful! Really appreciate everyone's help with this, thank you once again.

Umkomaas

jack123456 wrote: »

Hi everyone, great news! Had the confirmation through last night that the appeal was successful! Really appreciate everyone's help with this, thank you once again.

Well done.:T

Could you post the transcript from the POPLA assessor along with the case number. It helps us to understand what Assessors are currently allowing appeals on, and helps us advise those who will inevitably follow the same path you have just successfully navigated.

A couple of other points - I'd be pushing a copy of the successful appeal down the throats of the hospital trust who refused to help you when clearly you had a very justifiable case - as confirmed by an independent assessor - and I'd be asking the question now as to why they wouldn't help you.

If you're feeling like giving the pot a further stir, get in touch with your local press so that other hospital patients/visitors know of the scandal that the local trust is seeming to condone by their refusal to help.

jack123456

This is what I received back in the e-mail :

Dear Jack

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference 6061377014.

Parking Eye Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

ET6116/001

will look into the rest a little later, got a poorly baby with me at the moment. Once again, thank you for your help.

Coupon-mad

Well done!

What's really bothering me, is that PE have churned out PCNs showing a date when the car wasn't even there:

...this was issued on 01/03/2017 for an alleged event that was on 23/02/2017 at Sunderland Royal Hospital [...] the date of the alleged event is also incorrect; I have been made aware that the date of parking was 31/01/2017 and there was a machine malfunction with parking machine number to confirm this.

I have been made aware that when the VRN and the payment was entered into the machine, it subsequently timed out, restarted and no ticket was produced, also, the machine did not give any money back so I am told. I have been forwarded photo evidence of the machine in question and the number of the machine (PE0314) and these show as the Chester Road Wing car park.

I have further examined the parking ticket that was issued and it was not even possible anyone could have been at the Hospital on the date given as I was in work on this date and had the car with me. The date the machine malfunctioned was on 31/01/2017.

If, once you have your poorly baby back in the best of health, you have time, please email the DVLA and report ParkingEye for that. It's very serious indeed. The ANPR images/date appears to be falsified.

You also appear to have a solid case to sue ParkingEye for having no reasonable cause to have processed your data as keeper, and to have (allegedly, but can you prove it?) falsified photos with a date underneath which was made up by a faulty machine, not by the ANPR system.

To me, this case calls into question the ANPR 'images' they cobble together on all PCNs. If the dates don't match how on earth could PE have produced a PCN?

jack123456

It's scary how they've got the dates completely wrong, I have proof of me being in work that day, and no appointment were due on that day either.

I'll definitely be reporting them to the DVLA and intend to question the team at Sunderland Hospital who refused to help. I will be contacting local press also, this is something more people need to be aware of. I wonder how many more people have been scammed by PE.

To Sue them would be a great thing, but lacking the money to do that Is the big thing.

Coupon-mad

Seems to me that the images come from the camera but the times/dates come from the separate P&D machine system. And PE merely overlay the latter data onto any photos they have of the car, and in your case the images MUST have been from January, not February, so how did PE create this mess and how are they able to get away with it?

This appears to be as bad as the UKPC doctoring of photos/times (the issue that cause UKPC to be banned by the DVLA), because whoever matched the images to the P&D machine (wrong) date, must have realised the images they dug out of the ANPR records, came from another day/week entirely...

You must argue that very strongly to the DVLA. And Trading Standards.

This is not a minor error, or 'oversight'. Someone created/supposedly 'checked' that PCN and if the two systems they use (ANPR plus P&D, two systems) allow this to happen, how often does this happen?

And honestly, I would plan to sue for compensation, naming the NHS Trust (not the Hospital, it's the Trust who have the contract) as second defendant. You would very likely see your case settled by the Trust, IMHO, and you could certainly claim a three figure sum - say £750 - as your remedy.

I would contact the NHS Trust again, at the time you report PE to the DVLA and Trading Standards too.

Tell the Trust CEO (by name) what has occurred and ask them the name of the entity which contracted with PE because you want to serve a claim for £750 compensation for distress caused by data misuse and possible fraudulent activity in creating a 'PCN' from data gathered from different days. Remind the NHS Trust that they remain liable for the actions of PE and as such, both will be named in your claim and you need to know the entity which contracts with PE and the address for service of legal papers.

jack123456

It has to be that the image is from January and they've doctored the date. On the PCN it doesn't look legit where the date is. They definitely can't get away with it, you're right.

I will get onto this on Monday first thing, I cannot thank you enough for all of your help with this, I would have just paid it if i wasn't directed to add a thread to MSE.

Coupon-mad

jack123456 wrote: »

It has to be that the image is from January and they've doctored the date. On the PCN it doesn't look legit where the date is. They definitely can't get away with it, you're right.

I will get onto this on Monday first thing, I cannot thank you enough for all of your help with this, I would have just paid it if i wasn't directed to add a thread to MSE.

You might want to contact the Parking Prankster about this one. It's very serious.

Redx

I would also email my MP and put an official complaint in , also citing that the NHS guidelines are being flaunted too

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles