Advice needed - Parking Fine

jdoc86

Hi,

I have read through some of the threads about the PCN company in question (ParkingEye) and haven't seen anything that I believe is similar to my situation. I also could not find anything on the Newbie thread either.

I recently received a PCN from ParkingEye for a parking session which occurred on 04/07. I challenged this as I had used the PayByPhone app to register the vehicle for parking (as I had no change for the machine). I sent them a screenshot of the parking session as evidence - as this shows the date and time which I paid for - however the appeal was declined. They stated:

'...The evidence you have provided shows that the payment for parking was made at an invalid location, or via a payment service not connected to ParkingEye.

As such, our records confirm that no parking was purchased on the date of the parking event, despite there being valid payment methods available on the day in question.'

For the second part, I would argue that as I paid for parking using the PayByPhone app, I would not have then gone and paid for parking again using the other methods, but as it turns out the parking I paid for is the problem.

I returned to the car park to check the signage and the five digit location number ended 48, but I had transposed these, meaning I paid for parking in another location.

As it turns out the location linked to my purchase is not operated/owned by ParkingEye, however it is registered for use on the PayByPhone app...which ParkingEye use to enable payment via this means. Given this surely ParkingEye could have confirmed this with PayByPhone when I appealed but it would appear they did not.

Clearly this is an issue of my own making, as I should have checked the code was correct and the right location was returned, however I was in a rush as I was running late. It would also have been unlikely that I would have realised the wrong location anyway as I was unfamiliar with the street names.

I intend to appeal to POPLA given that this was an honest mistake and not an intentional attempt to get away with parking for free and will offer to pay what ever the rate would have been for parking in the location I was at.

My question is, is this appeal likely to be successful on the basis that I genuinely acted in good faith to pay for my parking or am I better off biting the bullet and paying the fine?

Quentin

Its unlikely to win at POPLA, though that doesn't mean you pay!

foxy-stoat

Your better off biting the bullet and appealing the fine based on the normal points, contract to charge fines from the landowner required, unfair charges vs the price of parking and prove required why the charge is so high, is the parking charge notice 100% legal, signs 100% compliant.

Redx

No , it will fail

Popla do not allow mitigation, nor can they negotiate a lower fee

Popla rule on laws plus the BPA Cop, not mitigating factors

Yes it's human error, but PE do have a case regarding failure to pay

Maybe you can win on a technicality, but it will be hard and you would be lucky to win at all, unless it was on signage and landowner authority etc

Nothing you have written leads me to thinking that you would win

And it's not a fine, it's an invoice for non payment on the day, at the default tariff of say £100