Appealing ParkingEye PCN - 'No payment' having used PayByPhone app

Mikey21

Hi All

I, the keeper, have a slightly confusing case. The driver recently parked at a car park in Newquay, a week or so later the keeper received a PCN from ParkingEye. It had no explanation to why they issued it other than stating the arrival time, departure time and time in car park. The time in car park was given as 2 hours and 12 minutes.

The driver purchased 2 hours parking, via the PayByPhone app which they advertise as a method of payment on the car park signs. It was assumed the 12 minutes overstay was the reason for issuing the PCN so the keeper appealed to ParkingEye, the appeal went something like:

* The driver chose to pay via the PayByPhone app
* The app took approximately 15 minutes to download and install (the O2 network is very slow in that part of Newquay)
* The driver paid for 2 hours parking
* Within the app a countdown timer displayed the parking time remaining
* The driver returned and left the car park with a couple of minutes spare

Each of those points are the truth, the countdown timer in the app had several minutes remaining when the driver left.

ParkingEye rejected the appeal. The reason for appeal is "Our records confirm that no parking was purchased on the date of the parking event". Not because the driver supposedly overstayed.

The driver has since uninstalled the PayByPhone app and doesn't have receipt of payment (such as an email), the driver does however have the purchase listed on their bank statement (£2.80 to ParkingEye Ltd Chorley).

I have scoured the forums for a similar case but haven't found one. What is the best method to approach an appeal to POPLA? Do I simply provide proof of the payment listed on the bank statement or do I need to address the 12 minutes overstay too? If the latter is important I really cannot see how a PCN can be issued when the app they provide isn't linked with the number plate recognition system to give you an accurate "time left" reading.

Many thanks for your help

KeithP

I suspect that, for whatever reason, the vehicle registration number recorded by the ANPR camera didn't match that recorded by the PayByPhone app.

It might be very difficult to prove that now that you have deleted the app.

Coupon-mad

But the app firm (PaybyPhone) MUST store data for a reasonable time so send a SAR to them, proving that the phone and the car are your 'personal data', showing their V5 if they are the registered keeper, and this:

the driver does however have the purchase listed on their bank statement (£2.80 to ParkingEye Ltd Chorley).

The app took approximately 15 minutes to download and install (the O2 network is very slow in that part of Newquay)

Demand of PbP, under the GDPR (mentioning that ''this is a SAR'') for the data of all records held about payments made on that day and how long the download of the app took, from PbP's records, and for them to please confirm that this was the first time the app was used by this user/phone.

They MUST have the proof at their end and they have to divulge data to a data subject.

What is the best method to approach an appeal to POPLA?

By delaying it till you get the above evidence, so do the SAR today/tomorrow, first. Hopefully the proof you need will come back to be evidence for the POPLA appeal.

POPLA codes last 32 days (no, really 32 not 28) so diarise it but don't do POPLA without that evidence unless it doesn't come in time. Do that SAR right now!

No. 14 here gives their contact on their privacy policy page:

https://www.paybyphone.co.uk/about/privacy-policy

Do that right now...if you have not got the V5, think how else to prove that the car and the phone are the data subject's personal data, and attach that proof (bills, etc.) otherwise the SAR will be delayed and time is of the essence!

Mikey21

After contacting PayByPhone they have resent the "receipt" email which was never received originally. This contains the start and end time which confirms the driver left the car park the same minute the parking time ended. The email also includes a transaction ID and the amount paid.

Would this be enough to appeal to POPLA? I am hesitant to include anything else (found in the appeal templates on this forum) as I believe what I have effectively disputes ParkingEye's allegation that the driver purchased no parking on the day.

Do I include a small bit about grace periods in case there is a discrepancy between when the vehicle left according to the PayByPhone app and the ANPR system? I am not sure this is needed though as ParkingEye's initial rejection of the appeal was due to "their records confirming that no parking was purchased on the date of the parking event".

Many thanks for your help.

The_Deep

Throw the kitchen sink at PoPLA, from what you have said, this is a no brainer and PE would be daft not to concede. Read this

https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Mikey21 wrote: »

After contacting PayByPhone they have resent the "receipt" email which was never received originally. This contains the start and end time which confirms the driver left the car park the same minute the parking time ended. The email also includes a transaction ID and the amount paid.

If PE are saying no payment was received, are you SURE the info didn't carry forward an old 'location code' and presume it was the same unless you changed it? Check that first.

Would this be enough to appeal to POPLA? I am hesitant to include anything else (found in the appeal templates on this forum) as I believe what I have effectively disputes ParkingEye's allegation that the driver purchased no parking on the day.

Wrong, and you leave the rest (template long appeal points, the 'safety net' points) out at your peril!

This has been tried & tested and there is method in the madness of a 12 page appeal.

Do I include a small bit about grace periods in case there is a discrepancy between when the vehicle left according to the PayByPhone app and the ANPR system? I am not sure this is needed though as ParkingEye's initial rejection of the appeal was due to "their records confirming that no parking was purchased on the date of the parking event".

You definitely need to go in strong about grace periods!

I reckon the rejection letter got it wrong, and if PE then 'adjust' their argument back to ''12 min overstay'' at POPLA, which I suspect they will, you will be up the creek without a paddle if your appeal has not addressed the details about downloading the PBP app and why it took 12 minutes at the start.

To this end I would email PBP back and ask the question I told you to ask, you need this as evidence of how long it took:

Demand of PbP, under the GDPR (mentioning that ''this is a SAR'') for the data of all records held about payments made on that day and how long the download of the app took, from PbP's records, and for them to please confirm that this was the first time the app was used by this user/phone.

Mikey21

Coupon-mad wrote: »

If PE are saying no payment was received, are you SURE the info didn't carry forward an old 'location code' and presume it was the same unless you changed it?

The email payment receipt shows the correct location code and the name of the car park. The payment made was definitely for the correct car park.

Coupon-mad wrote: »

To this end I would email PBP back and ask the question I told you to ask, you need this as evidence of how long it took:

PBP do not host the PBP app, Google Play does, and there is zero chance Google will supply me with the data I need to prove the download of the app took longer than normal. To that end, there is no "proof" I can offer to support my claim that downloading the PBP app took 10+ minutes. Other than, of course, the fact ParkingEye states we arrived at n and the PBP receipt says the parking started at n + 12 minutes.

I'll draft my response and post it here for feedback. I'll concentrate on the email "proof" that payment was made and then make my case for grace periods. Is there a template which fits my case or shall I go through the recent successful POPLA appeals and pull out the section on grace periods?

Many thanks for your continued assistance, much appreciated.

Coupon-mad

Even if they can't confirm the first bit under a SAR to their data protection officer, PbP could certainly confirm the second bit:

and for them to please confirm that this was the first time the app was used by this user/phone.

They have to reply to a SAR and they remain the data controller, not their agents, Google Play. PBP were quick to respond to your query last time, make sure it is described as a data subject access request.

shall I go through the recent successful POPLA appeals and pull out the section on grace periods?

Yes, do that.

Guys_Dad

Have you anything on the paperwork confirming the actual car registration number?

Will PE confirm that they have received payment on that receipt and if a car registration number was present for it?

Mikey21

Guys_Dad wrote: »

Have you anything on the paperwork confirming the actual car registration number?

Will PE confirm that they have received payment on that receipt and if a car registration number was present for it?

Yes, the email payment receipt lists the car registration number. Should I first contact PE and show them proof of payment?

The_Deep

Write bad stuff on Newquay Tourist Office Facebook page, they hate that.

Should I first contact PE and show them proof of payment?

Personally, I would leave it for court, where I would counter-claim for harassment and seek CPR27.14(2)(g) costs.