P/E PCN for late extension

imberest

Hi folks,
How are you?
I have received a PCN letter from ParkingEye for a gap between paid time and extension time i guess. Paid for 2 hours 15:31 expired 17:31 and then 18:01 extended till 20:01.
Details From PCN
Time in Car Park: 4 hours 27 minutes
Arrival Time: 15:25:17
Departure Time: 19:52:40
Paid £12.60 for those 4 hours...

So what would you suggest me to do? Could i request for a refund if my appeal is refused? And what would be appeal procedure?
Thanks a lot

Fruitcake

Read the sticky thread for NEWBIES then send the appeal template in blue text you will find there, unedited, from the keeper.

If/when it is rejected, construct a draft PoPLA appeal using all the available point from post 3 of the NEWBIES that are relevant, then post it here for checking before you submit it.

Get pictures of the site and signage.

In addition, complain to the landowner and also complain to your MP about this unregulated scam.

Coupon-mad

Could i request for a refund if my appeal is refused?

If you mean 'do I pay £60 and still appeal?' - no. With any PCN you can NEVER (realistically) pay and still appeal. Or maybe you mean can you ask for a refund of £12.60, IMHO yes that makes sense because non-payers are charged the same as payers, but you ask that as if you are planning to pay the scam charge!

We do not pay these unless a Judge (rarely) orders it.

The NEWBIES PLEASE READ THESE FAQS FIRST thread answers your query.

imberest

So PE sent me and email, saying i need to pay the PCN and provide drivers details.

Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking Charge incurred on 02
March 2019 at 19:52, at Crowne Plaza London Docklands car park.
We are writing to advise you that your recent appeal has been referred for further
information.
You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park, but you have not indicated who was.
You have already been notified that under section 9(2)(b) of schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking
charge in full. As we do not know the driver’s name or current postal address, if you were
not the driver at the time, you should tell us the full name and the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue, the parking charge has not
been paid in full and we do not know both the name and current address of the driver, we
have the right to recover any unpaid part of the parking charge from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you
do not provide the full name and current postal address of the driver, ParkingEye will be
obliged to deal with the representations made in your name.
ParkingEye have placed this charge on hold for 28 days to enable you to provide the
evidence requested. If this information is not provided within 28 days, the appeal may well
be rejected and a POPLA code provided.
Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by
visiting parkingeye web site or by posting a cheque or postal order to the address
detailed below.
ParkingEye Limited, 40 Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454
If this charge has been paid and you choose to provide further evidence relating to your
appeal, please forward this to us for consideration.
Yours faithfully,
ParkingEye Team

I have also complained to the landowner and waiting for their response.
What should be my next steps?

Umkomaas

Ignore the email - there's nothing further you can do to make this go away at this point, and identifying the driver only helps PE, not the driver.

Wait to see their next move - probably they will reject and provide a POPLA Code. You can take it from there using guidance from the NEWBIES FAQ sticky, post #3. Do some advance reading there, you're going to need to get yourself prepared.

Out of interest, turning to the first notification through the post of the parking charge (the Notice to Keeper) can you tell us the date of the 'contravention' and the Date Issued (or sometimes shown as Date Sent) on the NtK.

Does the reverse page of the NtK contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

imberest

Date of event 02-03-19
Issue date 08-03-19
Appeal was made 14-03-19
And this email was received today 19-03-19

And yes you are absolutely right regarding other side. There is a Protection of freedom act paragraph "You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedom Act 2012....

D_P_Dance

PE signs are often unreadable due to their height and small lettering and unlikely to be able to form a contract imo, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading&highlight=

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. It received The Royal Assent today.

Coupon-mad

imberest wrote: »

Date of event 02-03-19
Issue date 08-03-19
Appeal was made 14-03-19
And this email was received today 19-03-19

And yes you are absolutely right regarding other side. There is a Protection of freedom act paragraph "You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedom Act 2012....

Yeah that's normal, shame, we were hoping for one that didn't, as that would have been one of their (our phrase) 'Golden Tickets' we hope you will have read about when you read the 3rd post if the NEWBIES thread all about POPLA appeals.

...which is what anyone waiting for a POPLA code should be reading!

imberest

Just got a reply from landowner

Thank you very much for your e-mail. I am really sorry to hear your complaint about the parking charge notice by parking eye. as requested I can confirm the grace period we've been adviced by parking eye is 20 minutes. and I suggest you follow up the appeal with Parking eye Ltd as the parking is managed by them and they issued the parking charge notice.

Could i use this for an appeal as a driver?

Umkomaas

imberest wrote: »

Just got a reply from landowner


Could i use this for an appeal as a driver?

Absolutely - gold dust. Use it at POPLA, and just see what PE say when you reveal that as part of your evidence.

Then when you win at POPLA, write back to the landowner and ask why they are allowing PE, acting in their name, to continue to issue tickets, causing stress and harassment to you when you were clearly within the 20 minutes allowed.