ParkingEye PCN advice needed

NinaG_2

Hi there PCN gurus, I need some advice please.. I have been issued a PCN from ParkingEye in September last year.. let me set the scene...

We turn up to Southampton docks as family are going in a cruise, and we wanted to wish them well. We park our car in one of the designated parking areas and go to the pay and display machine. We want to pay for 2 hours which is £2.00, and the machine accepts notes, so we put in £10.00. The machine swallows it up with no receipt and confirmation of payment. I phone the number on the machine for advice, no one answers. I then install an app called Pay to Park, and after installing and setting up payment details, I pay for our parking. This ordeal takes around 10 minutes. We then head off for some lunch in the high street and I realise that we will not be back at our car within 2 hours, not to worry I extend our parking on the app, and the app states for an additional hour it is £1.40, which I pay.

We then head back to our car and there is about 5 minutes left, but we end up saying our goodbyes to the family, and we leave the car park 7 minutes after the parking has expired. This is where ParkingEye come in, they want me to pay a £100 fine for 7 minutes! Not only this, but apparently if you stay for up to 3 hours, you should pay a total of £4.00, however the app extension didn’t allow me to pay £2 extension, it was £1.40.. so I am at a bit of a loss as I paid to park following the instructions. I appealed with ParkingEye, and failed, I appealed with POPLA and failed, and now being threatened with County Court Judgements.

Please advise me on what I should do, I’m no law breaker but feel that this PCN is a little unfair and ParkingEye would extort the vulnerable.

Many thanks

Nina

NinaG_2

Also, quoted Contravention code 82 in my appeal to POPLA, and the response was that they have never heard of it!? Even though I found the details on a government website. ����

The_Deep

If this went to court, they night struggle.

Concentrate on signage. IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

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

and enlist the support of your MP as they are obviously trying to scam you.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Quentin

Everyone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread

Go there now to get an understanding of the game you are now caught up in

If you have received a lbcca then see #2 of the FAQ


If you have received a county court claim then urgent action is required

See #2 in the FAQ for all advice on how to defend s claim

However if this is just another debt collecting attempt then see #4 in the FAQ for advice on the debt collection stage

Coupon-mad

NinaG wrote: »

Also, quoted Contravention code 82 in my appeal to POPLA, and the response was that they have never heard of it!? Even though I found the details on a government website. ����

Obviously not, as this isn't a Council PCN!

We then head back to our car and there is about 5 minutes left, but we end up saying our goodbyes to the family, and we leave the car park 7 minutes after the parking has expired.

Your POPLA appeal needs to explain the on arrival, and on leaving, timelines, like here:

https://forums.moneysavingexpert.com/discussion/comment/75812666#Comment_75812666

HTH - obviously my post there about grace periods is NOT the only POPLA point!