Parkingeye Inputting Registration

googlerfine

Hi,

I received a £100 PCN as Keeper of the vehicle because the person driving went to a car park and parked there for over 2 hours to use the venue as he/she has done many times before. I wondered why they received a PCN if they were using the facility as they have in the past but it seems a new system has been put in eye (parkingeye) and you must put your license plate numbers into their computer inside the venue. The driver was unaware of this as he/she assumed nothing had changed and missed the signage as he/she was unaware of the change. They paid in cash inside the venue and because they did not think anything of it did not keep a receipt of spending their money in this particular establishment. So for just failing to input their license plate into a system Parkingeye is coming after me (the keeper) for £100. I complained to the venue and they said they couldn't help and that i would have to call Parkingeye.

I've read through the forums and have appealed as keeper only and copied the blue text template for the appeal, which was then rejected and am now in the process of putting my POPLA document together. They rejected my appeal for this reason: 'This is because you have not
provided sufficient evidence to show that you did not break the terms and conditions on the
signage.'

I have not got a 'Golden ticket' and so was just wondering what points to put in my argument. I've been reading through the popla decisions and trying to get some points but feel like i can't find too many similar instances about a free car park for customers where you have to put details in the venue computer/system. Some Lidls, but this is not a Lidl.

So far I have:

1) The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
2) ParkingEye Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass
3) Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver

any other suggestions?

thanks for any help, much appreciated

Redx

the BPA CoP section on changes at new sites and bedding in time

Coupon-mad

Do not proceed with POPLA (the code lasts for 32 days) until you have completely exhausted the step of complaining to the retailer/cinema/business where you were patron.

PEye provide every retailer/venue with a User Manual with a phone number/email to cancel PCNs for people the retailer/venue believes are genuine patrons.

Go and make sure the Manager picks up their User Manual on the spot, reads it, realises they DO have that power and cancels the PCN (do not leave the original PCN or letters with the venue based on a vague promise).

Insist it is cancelled and complain about the fact this unsuitable and complicated new regime is not sufficiently brought to patron's attention and if they refuse, tell the Manager you WILL add their company as a party to any court claim PE start in 2019 about this rip-off against you, as they are and remain at all times liable for the actions of their 'rogue' (Hansard) agent.

Tell them you KNOW they will be getting complaints galore about this and should never have allowed it, and in 2019 their customers' (and staff) lives will be made a misery when PEye start suing them.

Cancellation by venue will be refused if you try POPLA first. So it MUST be now.

googlerfine

ok thanks, will complain again tomorrow

Coupon-mad

With that knowledge, mentioning you know they have a User Manual and must be getting umpteen complaints.

Umkomaas

Some Lidls, but this is not a Lidl.

If is Aldi where the parking event took place (they do have some of their stores fitted with keypads), then get in touch with their Head Office where they have a dedicated parking team dealing with all the fall-out from having PE upset their customers. They will help you get shot of the charge.

The_Deep

Failing to enter one's VRN in a terminal is regarded by many judges as a trifling matter, and, as we all know, the Law does not concern itself with trifles

https://en.wikipedia.org/wiki/De_minimis

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

googlerfine

Thanks, the venue itself was very unhelpful and just told me to appeal on the website 'as it was a separate company'. I told them that I knew that they had the power to cancel the charge and to read their manual but they kept hanging up. So I then contacted the landowner and they were much more helpful and have organized for the ticket to be cancelled within 14-28 days or so I've been told. Thanks for your suggestions and help to all those who've answered.

Coupon-mad

Great!

To be certain, log in with your PCN number and VRN next week & PE's website will confirm.