PCN - but I did pay

William_C

es, that is why I was really surprised.
The correct VRM (vehicle registration number) was typed in. Otherwise in their "Parking Charge Details" the paid amount of 5.75 GBP would be incorrect.
Definitely they must have an electronic system that "translates" the paid amount of money to an equivalent parking time. If there is a mistake in this "translation process" then indeed a PCN will be issued.
However, if I get a PCN, how many other people also have gotten a PCN?
It was the correct signage as we parked directly next to this signage.

Anyway:
- I will prepare an appeal and post here (probably not before tomorrow morning)
- When should I send the appeal to parking eye? In the newbies thread there is written that they have to provide all details within 21 days after they were informed that I am the hirer. Until now I have only gotten the Parking Charge notice (PCN) and nothing more.
- should I also complain in parallel the Newquay golf club (who is - if I searched correctly - the owner of the car park?)

best regards!

William_C

I already saved this statement from parking eye both as a screenshot and as a pdf as evidence for having paid the correct amount of money.

Edna_Basher

William_C wrote: »

However, if I get a PCN, how many other people also have gotten a PCN?

Indeed - and not everyone will be as clued up as you to fightback.

William_C

I wrote now the following appeal-draft taking into account the templates I received in this forum. I would kindly ask, if you could check this appeal (would also be great, if you could also check on any grammar mistaktes as English is not my native language):

Dear Sir or Madam,
I refer to the above-detailed Parking Charge Notice (“PCN”) dated [Date of PCN] issued to me by ParkingEye Limited (“ParkingEye”) in respect of an alleged breach of Parking Terms and Conditions at Tower Road, Newquay by the driver of the above-detailed vehicle on [Date of Incident].

I confirm that this vehicle was on lease to me at the time of the alleged parking incident I am therefore its hirer for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”).

The parking charge should not have been levied as the car arrived and departed within the 5 hour period that it was paid for A sum even higher than £5.70 was paid as required by the signage for a period of up to 5 hours (paid: £5.75, required £5.70) not the 3 hours that Parking eye now asserts it was for. Parking Eye confirms that it was both paid and remained on site for a period less than the contractual rate which was offered by the sign and which was accepted. The claim is, for the reasons set out above, entirely without merit.
As evidence please find attached:
- The written confirmation of Parking Eye ("Parking Charge Details" - provided on through your website) that the paid sum was £5.75 and furthermore that the stay duration was "4 hours 58 minutes".
- a picture of the signage from the car park stating under the Parking Terms and Conditions at Tower Road, Newquay that for a period of up to 5 hours the sum of was £5.70 is required
Additionally hereby it is referred to the signage with the "Parking Tariffs Apply" that the "parking duration" and not the "stay duration" will be charged. Although even the "stay duration" was less than the "parking duration" paid for, it is hereby requested a written confirmation from Parking eye of the actual "parking duration" and not the actual "stay duration" to be in line with the "Parking Tariffs Apply".

All correspondence should forthwith be sent to my usual residential address in Germany.
In the event that they you wish to pursue this matter to Court my address for service is [address for service in Germany] for which proceedings will be accepted if served in accordance with EU Service Regulation (Regulation (EC) No 1393/2007 and provided that the Courts in England and Wales permit such proceedings to be commenced.
ParkingEye’s PCN does not comply with the strict requirements of POFA and it has therefore forfeited any right to claim unpaid parking charges from the hirer. In order to understand why, I suggest that the Paragraphs 13 and 14 of Schedule 4 are read thoroughly.
Please provide within the timescales specified under the British Parking Association Ltd Code of Practice, written confirmation of ParkingEye’s cancellation of this charge. Alternatively, should ParkingEye still believe it has a valid claim, please provide me with a unique POPLA Reference Code so that I may escalate my dispute to POPLA.

Thank you for your cooperation and I look forward to receiving ParkingEye’s notification that this charge has been cancelled.

Yours sincerly

When should I submit the appeal? By writing:
ParkingEye’s PCN does not comply with the strict requirements of POFA and it has therefore forfeited any right to claim unpaid parking charges from the hirer. In order to understand why, I suggest that the Paragraphs 13 and 14 of Schedule 4 are read thoroughly.

As far as I have understood, Parking eye has to miss specific deadlines to provide me with both the PCN and the hire-contract. Is that correct? So far, I have only received the PCN.
(see: Newbies-Thread, paragraph "Company, Lease or Hire Cars anywhere in the UK"


best regards!
Great forum!

William

William_C

Dear all,

I just wanted to let you know that my appeal was succesful and that the parking charge was cancelled by parking eye directly! It was not rejected and I did not receive a POPLA-code!

Thank you so much for all your help!

best regards
William

Umkomaas

Well done. Glad you've got this rubbish out of your life.

Tell others to always read parking signs and adhere to their (often petty) rules. That way the PPC has no cause to try to grasp cash from them.

Cut off their blood supply, they die!

Coupon-mad

William_C wrote: »

First of all, I am German and hence my English is not the best. Sorry for that.

I and my wife rented a car from Europcar in Cornwall and spent there a couple of days.
We used the car park Tower Road in Newquay and did pay the correct amount of money for the correct time.

Well done to you! Your English as very good indeed, and that appeal was perfect, very strong.

Another German victim here:

https://forums.moneysavingexpert.com/discussion/5677514

You might want to send him a private message of encouragement.