ParkingEye Feltham Complex

Jayjayokocha

Hello everyone

I have been reading the great advice on the Newbie forum for complaining and appealing these invoices. I still have a few questions and I'm sorry in advance if I missed these when going through the Newbie thread!

So I got a NTK from PE advising me that the car I am the registered keeper for had overstayed in the Feltham Complex carpark. There is a 4 hour limit and the stay was about 5.5 hours. With a film and meal 4 hours is never enough. There is a going in and out picture via their ANPR system on the NTK. However there are machines within Cineworld which allow you to enter the car registration if you are going to be staying over the 4 hour limit. The car's registration was entered and accepted into that system but this NTK has still came through.

This happened on 16 Oct and the NTK came through the post yesterday. The notice is for £70 or £42 if paid within their time limits. It also has the clause about the keeper becoming responsible for the 'invoice' after a certain number of days.

My questions are these
Should I complain to Cineworld first if so where would I send the email or letter and how should it be worded?

As the rule of entering the car reg into the system if overstaying the 4 hours was followed but still the NTK was issued would I need to send and appeal to PE at the same time as the complaint to Cineworld stating that their system is at fault?

Is there an online appeals route for PE, I know there is for the POPLA one but I can't find one for PE.

Many thanks in advance!

Ralph-y

hi, and welcome to the forum ....

yes complain to the cinema email / writing / in person / .......

whilst doing so please take the time to read through the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

which should answer all / most questions ... there is even a template to send to parking lie for your first appeal... you must have missed this first time round .... parking lie allow email / web site appeals

good luck

Ralph:cool:

nosferatu1001

Essentially the driver at the time complied with the requirements. THere was an error in their system whic means the registration wasnt recorded correctly, or wasnt reported correctly. At POPLA you will put them to STRICT PROOF that all terminals were in full working order, that all log file transactions were operating correctly, all to evidential standard. You will state that a simple undocumented list of suppsoed registrations will prove nothing. They have to prove, beyond balance of prob, that the fault was not theirs.

Jayjayokocha

hello, thank you for your help.

Can you advise who is best to send the Cineworld complaint to? Would it be to their customer service email address, the CEO or somewhere else?

thanks!

Jayjayokocha

Dear Sir/Madam

I am writing to complain about the use of threatening letters issued by the company that you use to manage the car park at your Cineworld Feltham cinema (Parking Eye.)

On 16 October 2017 the vehicle for which I am the registered keeper was parked at your car park for just over 5 hours, whilst the driver watched a movie at your cinema after a meal at a restaurant on the Feltham Leisure Complex. As the driver knew that the visit would be over 4 hours the registration of the car in question was entered and accepted into the registration systems within your cinema, which log the same to allow free parking of over 4 hours. According to the letter that has been received from them on 24 October 2017 I exceeded the maximum time allowed which is 4 hours. This clearly means the car registration system within the cinema, which advised the driver that the car registration had been logged successfully, did not register the car registration.

The cinema ticket was bought for with a voucher and, not knowing they would be required, all receipts binned. I am disgusted Cineworld feels it is appropriate to employ a parking management company that sends out this type of letter, just to harass and frighten your loyal customers.

I attach a copy of the letter that I received (Ref: xxxxxxx). I am sure you would agree that sending this type of threatening letter to one of your customers is a totally inappropriate response for something that was not the driver’s fault.

I would therefore appreciate it if you would contact Parking Eye to ensure that the invoice is cancelled.

Regards

Name

Jayjayokocha

Dear Sir/Madam

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

I challenge this 'PCN' as keeper of the car.
There is a requirement of entering the car registration into the registration systems within Cineworld, if parking over 4 hours. The driver at the time complied with this requirement of entering the car registration into the system, with on-onscreen success confirmation, provided within Cineworld Feltham. If there was an error in this system which means the registration wasn’t recorded correctly, or wasn’t reported correctly that is neither the fault of the registered keeper or the driver.

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.

Should you obtain 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.

I have also written to your client, Cineworld Cinemas, to complain about your dealings in this matter.

Yours faithfully,

Jayjayokocha

Dear Sir/Madam

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

I challenge this 'PCN' as keeper of the car.
There is a requirement of entering the car registration into the registration systems within Cineworld, if parking over 4 hours. The driver knew they would be spending more than 4 hours at the leisure complex (watching a movie and having a meal). The driver at the time complied with the requirement of entering the car registration into the system, which showed on-onscreen success confirmation, provided within Cineworld Feltham. If there was an error in this system which means the registration wasn’t recorded correctly, or wasn’t reported correctly that is neither the fault of the registered keeper or the driver.

I also believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

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.

Should you obtain 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.
I have also written to your client, Cineworld Cinemas, to complain about your dealings in this matter.

Yours faithfully,

Redx

use the last one , on their website , appealing as keeper

Jayjayokocha

Thanks, I have sent the complaint and the appeal. I will report back once I get a reply.