Reducing charge by amount paid

simmotech

ParkingEye have issued a Parking Charge Notice for parking at IBIS Hotel, Euston - £100 reduced to £60.

The PCN itself doesn't actually explicitly say what it is for -
It does say "Time in Car Park 6 hours 11 minutes"
so I assume we have paid for 6 hours and they issued the PCN for the extra 11 minutes.

Bit peeved because they no longer accept credit cards for payment (did do a few months ago) so we had to go upstairs into the hotel and find change.

What about the £13 we already paid for the 6 hours?
Can I subtract it from the £60?

pogofish

PE don't give two-hoots about any money you did or didn't pay.

Get stuck-in to the Newbies Sticky at the top of this forum to inform yourself properly on the private parking industry and how to see them-off.

And my first move here would be a swinging complaint to IBIS, who ought to be able to get it cancelled on your behalf.

Redx

also read the BPA CoP clause #13 , GRACE PERIODS (2 of them , one before , one after)

and do as mentioned in the last post too

and the answer to your question is , NO

these are 2 separate issues , a paid for period of parking , and a perceived contravention of rule breaking leading to this extra charge on the PE invoice

like this similar case

https://forums.moneysavingexpert.com/discussion/5642228

Coupon-mad

It does say "Time in Car Park 6 hours 11 minutes"
so I assume we have paid for 6 hours and they issued the PCN for the extra 11 minutes.

Search this forum for 'eleven minutes' and you will find what to say about that.

simmotech

Thanks for the advice. Going to appeal to Popla on the basis that at worst it is a £40 gamble - £60 vs £100.

Will also write to Ibis - the system worked great when they ran their carpark and allowed payment by card or notes. Who carries £13+ of coins around with them !!!!!!.

simmotech

Do I have any recourse in the fact that the PCN doesn't actually state what the charge is for?

It has Arrival Time, Departure Time, Time in Car Park but it doesn't include the fact that we actually made a payment and doesn't describe how long that payment covered. Or that the payment was 'insufficient'.

Therefore I 'wasted' an appeal to ParkingEye asking what the charge was for (originally we thought we had maybe entered the wrong registration number on the payment). It said on the PE appeal rejection "Our records show that insufficient time was paid for on the date of the parking event"

Umkomaas

This isn't a regulated industry, so few standards, almost anything goes.

Just work on your POPLA appeal using the NEWBIES FAQ sticky, post #3 as your starting point. A number of ready made appeal points (which PE find hard to cope with) are already there for you to copy and paste to form the core of your appeal.

The_Deep

Write bad stuff on TripAdvisor and Facebook about the hotel, it could pursuade people to stay elsewhere. Does this help


http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

simmotech

Thought I had got this sorted as IBIS sent this email (albeit after the appeal had started)
Dear Mr Hewitt,

Thank you very much for your email and I do apologise for the inconvenience caused by the fine.

I have passed the request to the Parking Eye to cancel your PCN and you should receive the cancelation notification in post shortly.

Kind Regards

but then I got this when I chased up not getting the cancellation:
Dear Mr Hewitt,

I have been advised that the charge is investigated by the third party decision maker and I’m unable to request the cancelation in your case.

I have asked the parking Eye to appeal but they are saying it’s out of their hands now.

Kind Regards

POPLA are of the opinion that "By entering the site, the driver agreed to the terms and conditions." - so you don't get a chance to read them first it would appear.
Also "The appellant has referenced a board meeting of the British Parking Association (BPA) on 30 July 2015, in which an 11 minute grace period under section 13.4 of the BPA Code of Practice was proposed. However, at the time of this appeal, POPLA applies Version 6 of BPA Code of Practice, which was released in October 2015. Section 13.4 of this specifies a 10 minute grace period, the driver exceeded this."
- so the eleven minute defence doesn't wash - 10 minutes is the maximum.

Our point that we couldn't pay by card as we normally do as they changed the machine to a cash-only one (and thus had to go the hotel lobby to break a £20 note) was completed ignored by POPLA.

I am still tempted to knock the £16 we paid off the £100 though - if the £16 wasn't good enough to park then we may as well have paid nothing.
What I need now is some text: "by cashing this £84 cheque and adding the £16 already received from me, you agree that the £100 Parking Charge is now paid in full and this matter is ended."

fisherjim

simmotech wrote: »

Thought I had got this sorted as IBIS sent this email (albeit after the appeal had started)
Dear Mr Hewitt,

Thank you very much for your email and I do apologise for the inconvenience caused by the fine.

I have passed the request to the Parking Eye to cancel your PCN and you should receive the cancelation notification in post shortly.

Kind Regards

but then I got this when I chased up not getting the cancellation:
Dear Mr Hewitt,

I have been advised that the charge is investigated by the third party decision maker and I’m unable to request the cancelation in your case.

I have asked the parking Eye to appeal but they are saying it’s out of their hands now.

Kind Regards

POPLA are of the opinion that "By entering the site, the driver agreed to the terms and conditions." - so you don't get a chance to read them first it would appear.
Also "The appellant has referenced a board meeting of the British Parking Association (BPA) on 30 July 2015, in which an 11 minute grace period under section 13.4 of the BPA Code of Practice was proposed. However, at the time of this appeal, POPLA applies Version 6 of BPA Code of Practice, which was released in October 2015. Section 13.4 of this specifies a 10 minute grace period, the driver exceeded this."
- so the eleven minute defence doesn't wash - 10 minutes is the maximum.

Our point that we couldn't pay by card as we normally do as they changed the machine to a cash-only one (and thus had to go the hotel lobby to break a £20 note) was completed ignored by POPLA.

I am still tempted to knock the £16 we paid off the £100 though - if the £16 wasn't good enough to park then we may as well have paid nothing.
What I need now is some text: "by cashing this £84 cheque and adding the £16 already received from me, you agree that the £100 Parking Charge is now paid in full and this matter is ended."

Utter utter garbage, POPLA is just an appeal stage paid for by the PPC's/BPA. Parking Eye can cancel at any time they like.

It just shoes what IBIS know about this as they think it's a "fine"!

The POPLA decision is not binding on you and you can ignore it, no they won't accept your reduced offer believe me.

You should also remove your name from the above text!!

beamerguy

"but then I got this when I chased up not getting the cancellation:
Dear xxxxx,

I have been advised that the charge is investigated by the third party decision maker and I’m unable to request the cancelation in your case.

I have asked the parking Eye to appeal but they are saying it’s out of their hands now."

What complete and utter rubbish. PE rant on about a contract and indeed your contract is between you and PE and NOT a third party who is unknown to you.
THAT WILL NOT BE ON THE PARKING SIGNS which forms the
contract

You should return to IBIS stating this and warn IBIS that they are
responsible for their agents and if the ticket is not cancelled, you will involve them in any action.

The emails you have from IBIS will be evidence in court that they agreed to get the ticket cancelled and IBIS were then hoodwinked by this rubbish

Hit IBIS hard