First Appeal - ParkingEye Ltd - "Overstay or Not paying the appropriate Tariff"

BushyDinosaur

Hi, This will be my second thread, another ticket but different circumstances. Hoping somebody could advise if possible.
I have just received a Parking Charge Notice from ParkingEye in the post this morning for a visit I made to a Pay Machine car park ran by Parking Eye. I have checked the details of the charge on Parking Eye's website and it shows the following:
Contravention Date/Time - 04/03/2021 14:38:08
Stay Duration

5 hours 27 minutes

Allowed Duration

0 hours 0 minutes * my main issue is here! read below.

Status

Open

Outstanding Balance

£60.00 (Please allow 24 hours after payment for it to be reflected on the balance)

 
The tariffs showed are as follows:

1 Hour£2.00

2 Hours£3.00

12.5 Hours£6.00

The correct registration was input into the machine and "they" began to insert coins for the longest tariff. The machine would only accept £5 maximum no matter what coins were used so the button was pressed and a ticket was dispensed. Strangely the ticket stated "VAT receipt" on it and only held details of the time the ticket was purchased. Giving no indication anywhere about the expiry time of that ticket. several attempts where then made to contact parking eye to query the ticket and to make sure it covered the necessary time the vehicle would be parked for. Surprisingly enough, the only greeting was that for someone paying a fine, no other options were given other than to pay a fine.

On looking at the details on the Parking Eye website it clearly stated the vehicle has been logged with NO allowed duration. This combined with the fact the machine would not take anything over £5 makes me assume the machine is faulty. However until the leaches send you a lovely "bill" in the post you have no way of confirming information shown on signs OR reporting a faulty machine. At the point the machine had already accepted £5 so what do you do? No indication of an expiry time to confirm your "Allowed Duration" and no way of contacting "customer support".
Looking at presenting these facts using the online appeal function on the website. Just wanted to run it by a few people before I do so. Not looking to go to court, I just want the charge cancelling. Ill even pay the extra £1, not bothered in the slightest. Just dont need this right now.

Thanks in advance!

Le_Kirk

If you have been here before you will know that you will be directed to the NEWBIE sticky and told to appeal using the standard appeal written in BLUE without addition, deletion or alteration.
If you get a rejection and a POPLA code, that is when you can complain about faulty PDT and lack of a contact telephone number.

BushyDinosaur

Le_Kirk said:

If you have been here before you will know that you will be directed to the NEWBIE sticky and told to appeal using the standard appeal written in BLUE without addition, deletion or alteration.
If you get a rejection and a POPLA code, that is when you can complain about faulty PDT and lack of a contact telephone number.

I totally appreciate the one size fits all template and have used sections previously. I have successfully had a ticket cancelled using "Plan A" (retailer complaint) but have never been in this situation where a retailer can not be contacted. 

Unfortunately I don't hold the sturdy nerves to fight this in the standard generic way, therefore was hoping for advicee on how to word an appeal putting points across without it damaging me.

KeithP

BushyDinosaur said:

Le_Kirk said:

If you have been here before you will know that you will be directed to the NEWBIE sticky and told to appeal using the standard appeal written in BLUE without addition, deletion or alteration.
If you get a rejection and a POPLA code, that is when you can complain about faulty PDT and lack of a contact telephone number.

Unfortunately I don't hold the sturdy nerves to fight this in the standard generic way, therefore was hoping for advice on how to word an appeal putting points across without it damaging me.

That is exactly what the blue text template is designed to do.

As @Le_Kirk says, just send the easily found blue text template appeal unchanged. Send it as the keeper.

D_P_Dance

If you were unable to pay the amount needed due to faulty machinery then the contract could not be completed,  read these,

http://parking-prankster.blogspot.com/2016/10/link-parking-youve-been-gladstoned.html

https://forums.moneysavingexpert.com/discussion/5560967/any-help-with-frustration-of-contract-defence

http://forums.pepipoo.com/lofiversion/index.php/t125627.html

https://uk.practicallaw.thomsonreuters.com/9-107-6607?transitionType=Default&contextData=(sc.Default)&firstPage=true

if there is no contract it cannot be breached.    Have you complained to your MP/

Coupon-mad

Show us a photo of the 'VAT Receipt'.  I've never heard of this.  Sounds like a machine malfunction or test.

BushyDinosaur

D_P_Dance said:

If you were unable to pay the amount needed due to faulty machinery then the contract could not be completed,  read these,

http://parking-prankster.blogspot.com/2016/10/link-parking-youve-been-gladstoned.html

https://forums.moneysavingexpert.com/discussion/5560967/any-help-with-frustration-of-contract-defence

http://forums.pepipoo.com/lofiversion/index.php/t125627.html

https://uk.practicallaw.thomsonreuters.com/9-107-6607?transitionType=Default&contextData=(sc.Default)&firstPage=true

if there is no contract it cannot be breached.    Have you complained to your MP/

Thank you for sharing some links to my personal situation I appreciate it! It will help with the confidence to fight this one if nothing else!

Coupon-mad said:

Show us a photo of the 'VAT Receipt'.  I've never heard of this.  Sounds like a machine malfunction or test.

Apologies, it doesn't state VAT - simply retain as receipt. My fault.
I have spoken with the "payer" who confirms the series of events when paying the tariff at the PDT machine:
a total of 6 pound coins were inserted into the machine, but on further investigation Only £5 were noted. The machine, like many others, states "NO change given". 

I remember visiting this car park fairly recently (1-3 months ago) and the highest tariff payable at the time was indeed £5, which leads me to believe the Tariffs could have received an increase. After doing some digging I have now found a picture to confirm this. My assumption is the machine is operating on the older tariff which is why the machine took the 6 pound coins but only receipted for the £5. That along with the fact that the "allowed duration" was stated as 0hrs 0mins leads me to believe something has gone wrong here with the PDT machine. Conscious efforts to provide adequate payment for the intended tariff is evidenced by the ticket. 
Ticket is shown below, elements have been redacted for obvious reasons.

Le_Kirk

Well, it does show a VAT number?  

Castle

Le_Kirk said:

Well, it does show a VAT number?  

A VAT number belong to ENDEAVOUR WORLDWIDE LTD according to this handy little site:-
https://www.tax.service.gov.uk/check-vat-number/enter-vat-details

D_P_Dance

Nothing to do with Parking Eye then?

Coupon-mad

The P&D ticket doesn't seem to have the VRM on it, so did the driver type it into the keypad?