ParkingEye PCN fightback

Coupon-mad

Filing fee now £35.

Snath

Thank you @Coupon-mad. I will make time to do the consultation.

Thanks @Le_Kirk - I am inclined to take the numbers out as I got it from an old thread and don't know how accurate it is.

D_P_Dance

PE's signs are pants.  Read this and complain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Snath

@Coupon-mad - given your previous comment, should I start with the following in my appeal? Or does the current order work of arguments work?

"Paragraph 22.3 of the BPA Code of Practice states that parking companies are required to ensure ANPR equipment is maintained and is in correct working order.

I require ParkingEye to provide records with the location of the cameras used in this instance, together with dates and times of when the equipment was checked, calibrated, maintained and synchronised with the timer which stamps the photo images to ensure the accuracy of the ANPR images.

As ‘grace periods’ (specifically the time taken to locate any signs, observe the signs, comprehend the terms and conditions, decide whether or not to purchase a ticket and either pay or leave) are of significant importance in this case (it is strongly suggested the time periods in question are de minimis from a legal perspective), and the parking charge is founded entirely on two images of the vehicle number plate allegedly entering and leaving the car park at specific times (10 minutes and 3 seconds apart), it is vital that ParkingEye produces the evidence requested"

Coupon-mad

Yes. 

The in and out cameras are not synchronised to the second/5 seconds and because there is a mandatory 10 minute grace period to leave, this PCN is ridiculous.

Snath

I have been looking to submit my popla appeal today, but it seems the website has changed a lot since the last time I used it. There are a slew of options and I am worried that the options I choose could be perceived as contradicting can be used against me. Only 2 categories of the lot seemed applicable to my defence:

"I was not improperly parked"
"I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking."

However further options under "I was not improperly parked" if selected might imply that I was driving the vehicle when that's not what I am stating in my 2nd category. Hope that makes sense. Please see screenshot attached. For example if I choose "You did not overstay the free period allowed in the car park" under "I was not improperly parked", does that suggest I was driving the vehicle but did not overstay?

Secondly, should I be choosing "Other" in the second category?

Thanks!

Umkomaas

The primary option you choose is 'OTHER'. No others apply then. 

Attach your appeal as a pdf file, don't attempt to copy and paste your Word doc and squeeze it into their appeal portal box. Put a line in to the effect 'Please find attached pdf file appeal for <your name> <POPLA verification code> and <any other reference like PPC name, PCN number, car VRM etc). 

Snath

Hi all,

Thanks for your help so far. PE have responded to the POPLA challenge which I posted earlier. I have till the 10th to respond.

My first point of contention was that given there is only a 3 second breach (10m 3 seconds in total) of contract, PE has to prove that their APNRs are synced to the absolute precision. See their response below:

"Initially, we would like to state that we are a leading user of ANPR Technology. We ensure that our cameras, technology and processes are of the highest quality, and have built up this expertise with almost 10 years of experience of using ANPR cameras. We ensure that we use the best cameras, and that these are expertly configured.

We have also developed a robust process for handling the data and ensuring the accuracy of the system. We is regularly required to provide data taken from these ANPR cameras for Police investigations.

Once the cameras, signage and other technology are installed at a site, we will test the system extensively before Parking Charges are issued on site. This involves allowing the site to function normally without Parking Charges being issued, to ensure that the system is functioning correctly.

We have an expectation that when Operators are using cameras to manage parking, they will sign up to the Surveillance Camera Commissioners Code of Practice and adopt the Guiding Principles which are detailed in appendix F of the Code. We have passed both our British Parking Association and DVLA audits and follow all DVLA requirements concerning the data that we obtain.

Images recorded by the ANPR (Automatic Number Plate Recognition) systems are time-stamped at source.  The ANPR servers use NTP to regularly verify the accuracy of the local time clock with any adjustments being logged thus ensuring that all images are captured and stamped with an accurate time and date.  Network Time Protocol (NTP) is a widely used standard to accurately synchronise computer time over wide area networks.. We firmly believe that these time-stamped images are accurate.

Any time deviance detected on the ANPR servers generates an automatic alert monitored by the Technical Support Team.  If at any stage of the process the ANPR cameras are found to be deviating, Parking Charges are not issued. There are automated and manual checks to ensure that the cameras are accurate.

It is important to note that cameras and ANPR servers are directly attached as an integrated solution situated on-site therefore ensuring the accuracy of the ANPR read and associated date-timestamp. Transactional data and images are recorded locally before batch transfer to our central systems.

There is no evidence to suggest that a Parking Charge has been issued incorrectly, and we go to great lengths to ensure that all Parking Charges are issued correctly. The data taken from the Automatic Number Plate Recognition cameras is sent to us, where it undergoes a checking process of up to 19 stages. This ensures that no errors have been made. There are various other procedures in place to ensure that Parking Charges are issued correctly, and there is no reason to believe that an error has occurred in this case."

Any comments welcome while I draft a response. Thanks!

Coupon-mad

Do you mean the car was only there 10 mins altogether and didn’t stay?

The BPA CoP only allows FIVE MINUTES for that, not ten, if there was no parking event.  Pathetic, isn’t it?  A court will think differently.

Snath

yes, I was in the parking lot for 10 minutes and 3 seconds and didn't park. Why is it 5 minutes because I thought the grace period on entry was 10 mins?