Faulty contactless payment resulted in PCN - how/if to appeal

dk786

Hello, moving this to a new thread as was starting to confuse another similar thread where started to post first. Brief summary is that a few weeks ago we went to hospital for appointment and were unable to pay for parking by cash as both machines we went to weren't accepting cash. The second machine had a message saying contactless payment only so proceeded to pay with contactless card. The machine made some whirling sounds and displayed message saying transaction completed or finished no receipt was issued. As the carpark signs say ANPR is in use and tickets do not need to be displayed we assumed all was good and moved on. A few days later card holder noticed that card hadn't been charged so they contacted CPM to inquire. No response was received but a PCN was issued a couple of weeks later. Having read the newbie's thread (very useful thank you!!) we would like to inquire about whether we should still follow the advice about keeper/driver given the following email was already sent before we read the newbie's thread. Thanks in advance.

email in question with some key details replaced with xxxyy etc.:

I parked in XXXX Hospital car park on the 28th of Dec around 1455. !The parking ticket machines I went to that day were only accepting contactless cards as means of payment so I paid with my mastercard (ending with xxxx). !I got a message on the screen saying the card had been accepted but no receipt was issued. !I have since checked my card balance and no payment has gone out for that day and I am concerned that it may have been lost or the machine not working properly and I do not wish to incur a penalty charge because of that.!

I also note that I tried and was unable to pay by cash on 2 separate machines that day as they were either not working or not accepting cash so there does seem to have been an issue with the maintenance of the machines that day.

I am therefore contacting you to validate whether the card payment has indeed been accepted and is just taking a little while to get processed or to make alternative arrangements to pay the parking charge if there was a fault with processing the payment.!!

My car registration number is xxxxyyy and I was parked for approx. 1 hour. !

KeithP

Have you spoken to PALS at the hospital and asked them to intervene?

dk786

Thank you for the quick reply, not yet, will do so tomorrow. PCN just arrived yesterday so starting to do the research needed to fight it - assuming it is worth doing given the newbie faux pas with the email? Very annoyed as had genuinely tried to do everything right and still being penalised for it. £60 (if paid within 14 days) is not a trivial amount of money for us so will be writing to local MP etc. as well!

Coupon-mad

I think your email is fine and means there's no point sending an appeal, as you already contacted them and validated your parking.

Complain to PALS and get the scam cancelled, if not, escalate it to the NHS Trust.

dk786

thinking about adding the following paragraphs to the standard appeal template and would appreciate any advise on whether to include or not or if any adjustments are needed:
- evidence that contactless payments were successfully being processed on the day and period that this PCN relates to from all machines at the site. I note that you have been previously advised that payment was made using a contactless card for the period in question and a transaction finished message observed from the machine. No response has been received from you to date

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date and in particular any that advise against use of contactless cards as a means of paying

rest of the template will remain unchanged. Thanks in advance

Coupon-mad

No point appealing again, as I said, your email was enough.

Escalate a complaint via PALS.

Email a SAR to the parking firm's privacy team (their DPO email) demanding the missing data about the transaction:

- evidence that contactless payments were successfully being processed on the day and period that this PCN relates to from all machines at the site. I note that you have been previously advised that payment was made using a contactless card for the period in question and a transaction finished message observed from the machine. No response has been received from you to date

dk786

thanks @coupon-mad, wasn't ignoring your advice, but the only reason I think appeal might be needed is because the email was sent to their general inquiries email account (only one available) and the PCN explicitly says that it can only be appealed by letter. thoughts?

Coupon-mad

There is no appeal anyway, so I wouldn't. It will achieve nothing, and what you are asking for is data, and that's a matter for a SAR to their DPO. Not an appeal.