Parking Eye appeal rejected confirmation - my car had broken down - advice please!!

dac1

Hi,
Last month I parked up at a retail park (shops are Benson for Bed, and Wickes) and nipped into one of the shops. I didn't buy anything. I was in the shop for five minutes before I left and returned to my car. The retail car park had a maximum stay of 2 hours.
As I attempted to start my car it wouldn't start. I tried a number of times during a half hour period but it still wouldn't start. This hour half period would've taken me up to 35 minutes of my 2 hour allocation. So 1 hour and 25 minutes remained on my allocation at this point.
I rang my roadside recovery company in which they informed me that the waiting time would be around 5 hours (cripes). I had no choice but to wait. I knew this would take me way over the 2 hour allowed parking time. So I popped into 'Benson for Beds' and explained my situation to the duty manager at the time. He said 'no problem' and took my car registration number and sent an email, there and then, to his contact at Parking Eye, or someone responsible for the parking at the retail park. The duty manager couldn't provide me any details, due to confidentially, but did give me the contacts name. I logged all this and the time the email was sent, plus the times I entered the retail car park and left. However, Parking Eye had recorded this anyway. The 'Benson for Beds' duty manager informed me I will received a parking penalty notification but I won't need to pay it.

The 5 hours past by and the roadside recovery service turned up and fixed my car. Finally, I was able to leave the retail park. The 'Benson for Beds' duty manager saw me at my car the whole time and saw the roadside recovery attend to me (fix my car). So I have a witness. Any CCTV cameras there can verify this too.

For forward a week and I did receive the Parking Eye penalty notice. I appealed it via their online system, explaining everything in great detail. Mentioning the 'Benson for Beds' duty manager's name, the parking contact's name he had emailed, the times of everything, etc..

To my amazement, I receive notification this evening that my appeal has been unsuccessful. What? How can this be?

My car wouldn't start. Nothing I could do about it.
The roadside recovery service stated they would be 5 hours. Nothing I could do about it.
I took the steps to notify the duty manager of the shop I was parked outside (Bensons for Beds) to seek guidance on the situation. He sent an email, there and then, providing my details so I don't get a ticket.
When the roadside recovery service eventually turned up and fixed my car, I left the retail park straight away.

This is crazy... What was I suppose to do?... Pick the car up and walk off with it.

Clearly, this is just wrong.
The appeal rejection letter states I now have the option to go https://www.popla.co.uk

Please can someone inform me of my legal rights? I just can't believe I haven't been successful.

Thanks in advance.

KeithP

Go back to the bed shop.

Get them to fix it.

waamo

Firstly the shop has the power to cancel this. Get on to them.

Whilst you are doing that don't take your eye off the POPLA ball. If you find the thread that tells Newbies to read it first and read it you will find out how to construct a POPLA appeal. Search this board for frustration of contract as well.

Redx

you have the legal right to complain to the actual landowner (which wont be Bensons for beds) - , plus complain to Bensons and get signed witness statements as to what happened etc

you have the legal right to use the POPLA code and make a POPLA appeal, possiby a single point appeal that the vehicle had broken down and add in any proof that you have, be it from recovery or whoever

you have the legal right to defend yourself in court and tell it to a judge, within 6 years , if PE try a court claim

you have the legal right to complain to your local MP by email with proof of ID as one of their constituents

MistyZ

As Benson's Beds were so helpful on the day, I doubt that their promise to 'sort' the PCN was an empty one designed to fob you off. I think it's more likely that there's been a glitch somewhere along the line.

Get back to Benson's Beds ASAP. You are already ahead of the game with a landowner complaint which ideally needs to be done before starting the POPLA process, so you have time to thoroughly interrogate B B!

If they are not the landowner then you may need to complain to whoever is. So if B B do draw a blank, get them to outline the promises and actions they made in writing for you to send to the landowner with a demand for cancellation.

dac1

Thank you all.
'Bensons for Beds' have resent the email requesting my Parking Charge Notice be cancelled. I dropped in the 'Frustration of Purpose' term too ;-)
I've received confirmation that all is cancelled now.

beamerguy

dac1 wrote: »

Thank you all.
'Bensons for Beds' have resent the email requesting my Parking Charge Notice be cancelled. I dropped in the 'Frustration of Purpose' term too ;-)
I've received confirmation that all is cancelled now.

Great stuff :T

Parking Eye ZAPPED again

Quentin

dac1 wrote: »

I've received confirmation that all is cancelled now.

Is that from PE or Benson's

If the latter then don't miss any appeal deadlines etc

You need confirmation from PE that it's cancelled before archiving all this

The_Deep

Had this have happened in a LA car park it is likely that this would have been cancelled, see MC22.

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

PoPLA is likely to support PE so,if that happens, let them take you to court where, imo, they will struggle.

Nine times out of ten these tickets are scams so complain to your MP.

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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

dac1

I actually went back into 'Bensons for Beds' and proof read the email they resent. It was to the contact name, I was originally given. His email signature isn't Parking Eye but it's an intermediary.
Basically, I worded the email in great detail and explained all that has taken place thus far. I requested the matter be dropped and that I would like confirmation, via email, that it will be done so. I stated I would like it, firstly, from the intermediately so to know he is acting on the matter, and then Parking Eye so I know all is formally cancelled.

He has responded already saying 'consider it cancelled' and he will inform Parking Eye to do so, I guess on Monday. He will email once he has reached Parking Eye. I will be expecting a final cancellation confirmation. The intermediary did say 'no problem'. The parking restriction isn't to hurt people whose car has broken down or customers. It is in place to stop people using the car park that work nearby. That is also what the store manager said to me when I first raised the matter with him.

I'm very comfortable now that all is cancelled. If it rears it's ugly head well then I have two emails sent to the intermediary requesting it cancelled from 'Bensons for Beds'. I have appealed to Parking Eye twice (so it shows I've haven't been ignoring them). I also have a roadside recovery assistance report proving my car had broken down at the times specified, which has been submitted to them.
With all this, I will not pay the fine, and neither will I jump through any more hoops Parking Eye throw out there. I will let them try and take me to court. The matter won't go anywhere.

Quentin

Nevertheless don't miss your popla appeal if you don't get confirmation from PE!