PCN for overstaying when I actually entered & exited twice in a day

giabaio

Hello everyone. I *am* a newbie and possibly may be missing some crucial information. But I'd appreciate some advice and pointers, please.

Back in December, I received a PCN from EuroCar Park because they claim I had left my car in their parking lot for over 4 hours. It is clearly stated that for stays over 2 hours you need to purchase a valid ticket. But no ticket is necessary for less than 2 hours. They have sent me pics from their camera showing my car entering at 11.59am on that day and exiting at 16.19 on the same day. Trouble is that they have missed an exit very shortly after 11.59 (we only went in to get some money at the cash machine in the supermarket) and then another entry shortly before 16.19 (I went back in for some shopping in the afternoon).
I have appealed with POPLA, but they have rejected it because I didn't provide any "hard evidence". As it happens, after I've submitted the appeal, it occurred to me that I have a tracking device on my phone, so I could retrieve a map with all the journeys made on that day, clearly showing that the car was **NOT** left in the parking for over 4 hours.  Obviously I can't re-appeal with POPLA (even in light of new evidence I haven't presented them with). I'm considering appealing to the court, but do people have experience of this situation? I'm sure they try it all the time --- missing a clear check on their camera and simply issuing the PCN.

Any help much appreciated.

Gianluca

D_P_Dance

This is called double dipping and there are lots of similar cases on here.  If the scammer is daft enough to take this to court they are likely to crash and burn, read this

http://parking-prankster.blogspot.com/2016/12/excel-lose-double-dip-case-at-peel.html

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

r

Fruitcake

Complain to the BPA and DVLA that the scammers obtained your personal data without reason. Include your tracking proof in the complaint to the DVLA as this is both a DPA/GDPR breach as well as a KADOE contract breach.


You can't appeal to the court, but you could make a claim in the small claims court which will cost you £25 to file.

Either make a court claim or ignore everything else from now on except a court claim.

What happened when you complained to the landowner?

Have you complained to your MP about this unregulated scam.

nosferatu1001

I would complain to POPLA and ask them why they are calling yo a liar
Your statement IS evidence, and in court you would be a very compe;lling witness over a system which is AT BEST 95% accurate

John464

Quick google shows 'their signs do state a "No return within 2 hours".'
http://www.forums.pepipoo.com/lofiversion/index.php/t113801.html
are you sure that was not on the signs at the car park you visited?

tehone

John464 said:

Quick google shows 'their signs do state a "No return within 2 hours".'
http://www.forums.pepipoo.com/lofiversion/index.php/t113801.html
are you sure that was not on the signs at the car park you visited?

Even if it was signage, there was a more than 2 hour gap according to the OP

nosferatu1001

Additionally, the signs cannot bind anyone except the same driver. They woul dhave to prove it was the same driver who returned within 2 hours
Oh, and they would also have had to raise the invoice for that reason in the first damned place. No going back now...

Ralph-y

If the supermarket owns the car park then they can cancel... which supermarket was it ... some are better than others

Ralph

John464

tehone said:

John464 said:

Quick google shows 'their signs do state a "No return within 2 hours".'
http://www.forums.pepipoo.com/lofiversion/index.php/t113801.html
are you sure that was not on the signs at the car park you visited?

Even if it was signage, there was a more than 2 hour gap according to the OP

I can't see where the OP states the length of the gap.

Fruitcake

You could also send an SAR to the scammers as per the NEWBIES asking for all four images showing your vehicle and its VRM. If they refuse or only provide two, then complain to the ICO, again with proof that the car left and returned. The car passed the scamera four times so there must have been four images in total. You want to know what has happened to the other two.

John464

Ralph-y said:

If the supermarket owns the car park then they can cancel... which supermarket was it ... some are better than others

Ralph

Exactly.
Thats why it helps to have proof of shopping there
Even though its not illegal to go somewhere else.