Parking Eye

pokemonfan

Hello, am looking for some advice on how to ‘appeal’ a parking charge noticed I have been sent from Parking Eye.

The venue is a village hall, which I had frequented years ago but has since employed parking Eye to now monitor the car park, from my reading as a deterrent to people not using the village hall.

According the letter there is signage 'everywhere'...stating it is for patrons only etc, and that “A parking charge is applicable if the motorist fails to enter their full, correct vehicle registration into the terminal at reception”, which the driver has completely missed as it was 6pm, pitch black and freezing. As it was late there was nobody on reception, the only people seen in the venue we’re the lads in the hall training.

This happened on Monday the 4th and I got the letter on Tuesday the 12th, the driver having since been back on Monday the 11th has no doubt ‘breached’ their contract again!!!

Before I contact them with the story ‘the driver was at a training class, here’s the register from the man running the session that shows attendance’
I wanted some advice on if that is the best first approach? Does asking nicely actually work anymore?

The charge is £100 or, £60 if paid within the first 14 days

Thank you for any help

Umkomaas

Appeal as per the blue text template in the NEWBIES FAQ sticky, post #1 for each PCN you receive. Essential each one is dealt with separately. You can add the fact that a car occupant (not me, myself or I) was at a training course at the venue, and here is the proof .......

Complain to the Village Hall.

pokemonfan

Great, thank you,

From reading, it looks like being nice and explaining the error of the situation is not the way to go

Should I contact the Village Hall first and see if they can get the charge revoked or appeal to PE at the same time?

Coupon-mad

The NEWBIES sticky thread tells you to complain first, with a link to examples and successes.

Before I contact them with the story ‘the driver was at a training class, here’s the register from the man running the session that shows attendance’

You won't be doing that. It's not how to appeal.

pokemonfan

Thank coupon-mad.

I have emailed my concerns to the venue and am awaiting a response, if they are unable to help I shall go with the strongly worded appeal to P.E

tykesi

You've been told twice now to read the NEWBIES sticky thread, the regular posters above know what they are doing. The thread they are pointing you to tells you everything you need to know and is designed to stop you asking such basic questions.

Guys_Dad

Is the terminal at reception visible and working when no one is on reception? And is it a single-use dedicated terminal that does not need any specialist training to put the registration in or does it need a member of staff to call up the app/program and to do it for you.

(I have seen such a system at some hotels but at our doctor's surgery, there is a dedicated terminal you enter your surname and date of birth to sign in.)

You may need to take a photo showing that it is impossible to enter the registration number without a member of staff in attendance.

I disagree with always relying on the template for all occasions if there is a genuine winning argument that can cancel the ticket. And do speak to the hall management.

Redx

I thought the story and PPC seemed familiar

same as this thread you posted in recently

https://forums.moneysavingexpert.com/discussion/5702942

pokemonfan

I have had a response from Parking Eye to tell me the 'appeal was unsuccessful because I did not provide sufficient evidence to show that you did not break the terms and conditions on the signage'

'Please note, the terms and conditions on the signage that this car park is for patrons only and not to be used for visits elsewhere'

I sent them an email from the the village hall explaining the attendance of the vehicle, a copy of the register taken by the guy running the training session which is used for fire purposes (a list of names of attendee's) and a screen shot of a conversation between the driver and the company who run the training showing the intent to be there that evening.

They have now given me a POPLA ref so I will endeavour to update when I can.

Interestingly, the person referenced in the post above was successful in their appeal and, had provided nothing more than a booking email for the class they had attended.

Coupon-mad

All as expected, despite the same circs as the other poster. PE are inconsistent.

Show us your POPLA draft some time this month before submitting it, if the onsite Managers/landowner won't step in and cancel it, which they still can. Push for that first as it's a definite possibility, takes ONE email or call by them.

pokemonfan

Just going to drop in the original letter sent to Parking Eye, for full reference.

To whom concerned,

I challenge this 'PCN' as keeper of the car.

I believe this ticket has been issued unfairly as the driver of the vehicle was attended a training session at the venue run by David Sharp and '4FW'

I have approached the venue asking for advice and their response is attached outlining the appeal process along with a photograph of the register taken by David who runs these sessions every Monday evening, I have also attached a Facebook conversation between the driver and David Sharp showing the intent to attend the session.
Given that this is quite obviously a circumstance of unawareness and clearly not an attempt to 'steal' parking I am hoping you will be able to use best judgement to cancel this.
Another unfortunate issue is that by the time this notice was received, Tuesday the 13th, the driver had attended the venue again on Monday the 11th, and has repeated the same error! Proving again that the signage is not clear, and I am now anxiously awaiting another possible notice which has sent my anxiety through the roof .
I am hoping I can at least get this instance overturned as I cannot afford 1 charge, let alone 2 in my current financial situation.

I 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. The time of the incident was also 6:00pm in the winter so the car park would have been very dark.

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.

Yours faithfully,


The response was sent and received on the 13/12/2017 and their rejection not received until 05/01/2018 (2days later)

I should also note for your information, the evidence of attending the seminar and correspondence was all with MY name, so assumptions will probably be made that I was the driver.