Parking Eye at City of Coventry Health Centre

Divnt

Hi, I parked at City of Coventry Health Centre in early November. I've parked here a few times before and so was expecting to use the PayByPhone app as normal. However, their Pay and Display machines were now covered over and they had new ones running which were the ones where you enter your Vehicle Reg afterwards and pay the amount they request. So, I went for my appointment and came back out after 2h 31m, went to the machine, entered my Reg, was asked to pay £2.50. I did and got a receipt. Of course, about 3 weeks later I got a PCN stating that I hadn't paid enough and so now must pay £70. On their appeal page it states that the Stay Duration = 2h 31m and Paid Duration = 2h (£3.00).

The PCN is from Parking Eye. I thought this would be an easy appeal as I thought that they might have been having teething problems changing over to using the new machines. That and the fact that they think I paid £3.00 whereas I paid £2.50, and that the charges listed on the health centre's website suggest it should have been £3.50: www.covwarkpt.nhs.uk/parking-at-our-sites. So I appealed to them first and got the appeal refused e-mail today.

So now onto Popla. I want to write just a short summary explaining this along with a copy of the receipt and two stills I have from my dashcam showing (badly) the new and old machines. To me it seems easy to dismiss but having read enough other posts on here I'm worried I need to write a lot more.

Any advice?

Coupon-mad

I want to write just a short summary explaining this along with a copy of the receipt and two stills I have from my dashcam.

Oh no you don't.  You'd lose.

Anyway, do PLAN A first, not POPLA.

Divnt

Coupon-mad said:

I want to write just a short summary explaining this along with a copy of the receipt and two stills I have from my dashcam.

Oh no you don't.  You'd lose.

Anyway, do PLAN A first, not POPLA.

OK, I've found their PALS details (www.covwarkpt.nhs.uk/patient-advice-liaison-service-pals). I'll get on that now and report back.

Cheers

D_P_Dance

PE's signs leave much to be desired, read thes and complaine to your MP.

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

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Redx

Pals is definitely your best option here , take the small but irritating lump out before it turns into a bad tumour. 😋😋

Divnt

I've been in touch with PALS and they forwarded it onto the buildings manager. But that was 4 days ago so I'm not expecting to hear much now until after the holidays.

D_P_Dance

Have you read this?

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

Have they complied?  

Divnt

I did get a reply from the building manager who asked for a picture of the PCN which I provided to them about 3 weeks ago. They haven't got back to me since then nor replied to any followup. I've asked for PALS to help again but they have also not replied to me after I got in touch earlier this week. So not sure what to do with them now.

In the meantime I have been going down the Popla process. I've had the case summary from Parking Eye which suggests that my initial understanding of the parking process was incorrect - their signs say I should've paid in advance, not at the end of my stay. They are using a Glyde Kiosk which is apparently "pay any time" and would have shown me the time I'd been in the car park and tariffs I could select. My only memory is of seeing a big £2.50 in the middle of the screen but I have no evidence to back that up. But they haven't provided evidence that their kiosk presented me with a list of tariffs.

Coupon-mad

So say that in your comments.

Fruitcake

... and keep on to PALS.

Remind them of this,

NHS car parking guidance 2021 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)

Also complain to your MP and the Secretary of State for Health, reminding them of the above.
Ask them both to forward your complaint to Michael Gove MP and Neil O'Brien MP at the department for levelling up.

Divnt

POPLA appeal came back, thanks for all the advice. I'm still a bit disappointed with PALS and will speak to them again despite the good result.

Decision

Successful

Assessor Name

Taylor-Jade Ryan

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) due to not purchasing the appropriate parking time.

Assessor summary of your case

The appellant’s case is that on 10 November they attended the health centre for a regular appointment. They say as they have parked there many times before they expected to pay for their parking in advance. They explain that the usual machines however were covered over and new machines were active. The appellant states the new machines were pay on leaving using ANPR technology. They state they parked at 10:15 and returned to pay for their parking at 12:47, entered their registration and was asked to pay £2.50. The appellant says the website and site charge different amounts and the operator had not correctly synchronised the charges, therefore the incorrect amount was taken from them. The appellant has reiterated their grounds within the comments and raised new grounds. The appellant has provided images of the old and new kiosks, and an image of their receipt. The evidence provided has been considered in making my determination.

Assessor supporting rational for decision

When an appeal comes to POPLA the burden of proof begins with the operator to evidence that the PCN has been issued correctly. In this case the operator has issued the PCN as the appropriate parking time was not purchased. Within the appeal, the appellant has stated that they paid the amount offered when entering their vehicle registration, and the error was that of the machine. I have reviewed the evidence provided by the operator and although I acknowledge the payment made only covered up to 2 hours parking, they have not shown how the machine works, so that I can be satisfied that the error was that of the motorist had they needed to select a tariff amount. I note the operator has made reference to evidence provided that the responsibility to select the correct tariff lies with the motorist however, there is no images of the payment machines within the case file and the signage does not made reference to this. In this case, on this occasion, I cannot be satisfied that the fault was indeed that of the motorists. Accordingly, I must allow this appeal.