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mountainlad123

I'd welcome your opinions on this PCN from parking eye. 
It occurred on 18/10/22 but my vehicle is a lease car so they have went through the lease company first who have passed my details on so I have received it today 15/11/22 which I assume is acceptable.
They state my vehicle has entered the carpark and departed 12 hours later. They mention the clear signs at the entrance and throughout. 


 The store is within a cluster of other companies and businesses with limited parking. My vehicle has been parked fully on a grass verge on land before the carpark gates. The driver has not entered the carpark or the store. There are no signs to indicate that it is private land or that parking restrictions apply. I am aware that others have regualrly parked here for a number of years on the assumption that it is council owned land and no tickets have previously been issued. I am aware of others being given pcn's over recent weeks. 
Below shows where my vehicle was parked and I have marked in pink where the entrance gates and sign are located. It is behind a tree but as stated, the driver has not actually went into the carpark to see the sign.

Fruitcake

As this is a lease car, send one of the edna basher letters that you will find in the sticky Announcement for NEWBIES. There are three of these, but one is for fleet managers, so the letter you want will be one of the other two.
Add a one liner that The Driver did not enter the car park, nor was the vehicle parked inside the car park during the alleged time.

Post your draft appeal here for checking before you submit it. 
Do not under any circumstances identify the driver. The lease company cannot have known who was driving unless they were present at the time. The only person they can name is the hirer/lessee. To do anything else would be a lie.

Get photos of the site and signage in case you need to make a PoPLA appeal. I suspect the vehicle was captured by an ANPR scamera as it turned into the entrance road. 

Do you have dashcam footage to show where the car was parked, or does an occupant of the car have location tracking enabled on a mobile 'phone to prove that the vehicle never entered the site and never passed any signs.

mountainlad123

Looking at the awful dark images, I am now sure I have been picked up approaching the gates then later driving away from them. 
I'll speak with the store management first then send in my first appeal to parking eye with my clear defence, so hopefully they will scrap it without the need for further stages. 
I have colleagues who have paid the £60 but also appealed in the hope of a refund which may be difficult but if they bounce my ticket then it will help their case.
Thanks 

Fruitcake

mountainlad123 said:

Looking at the awful dark images, I am now sure the vehicle has been picked up approaching the gates then later driving away from them. 
I'll speak with the store management first then send in my first appeal to parking eye with my clear defence, so hopefully they will scrap it without the need for further stages. 
I have colleagues who have paid the £60 but also appealed in the hope of a refund which may be difficult but if they bounce my ticket then it will help their case.
Thanks 

Remember what I said about not revealing the driver's identity?
PPCs monitor this forum.

Only ever refer to The Driver, The Keeper, and in your case, The Hirer/Lessee in all correspondence and conversations.

Anyone who pays in the hope they can appeal later and get their money back is throwing their money down the sewer. You should discourage anyone you know who might be thinking of doing that and instead direct them to this forum.

Coupon-mad

mountainlad123 said:

Looking at the awful dark images, I am now sure I have been picked up approaching the gates then later driving away from them. 
I'll speak with the store management first then send in my first appeal to parking eye with my clear defence, so hopefully they will scrap it without the need for further stages. 
I have colleagues who have paid the £60 but also appealed in the hope of a refund which may be difficult but if they bounce my ticket then it will help their case.
Thanks 

Don't do any of that.

Lease car ones are dead easy to beat.  There is a special appeal and you cannot lose at POPLA.

No idea why your colleagues are paying these things when it's such a cinch to win lease vehicle cases by NOT saying who was driving and pointing to the POFA 2012 wording, as seen in the NEWBIES thread section on lease and hire cars.

Your colleagues' money is down the drain and unrecoverable now.  Their bad!

mountainlad123

I've been into store and spoke with manager today. He has checked their cctv which confirmed my vehcile hadn't entered the carpark. Parking eye had been out a month earlier doing something with the camera so it would appear they have adjusted the position which is picking up vehicles like mine outside. 
The manager cleared my ticket immediately on their system. 
Thanks for all your advice. 

Coupon-mad

mountainlad123 said:

I've been into store and spoke with manager today. He has checked their cctv which confirmed my vehcile hadn't entered the carpark. Parking eye had been out a month earlier doing something with the camera so it would appear they have adjusted the position which is picking up vehicles like mine outside. 
The manager cleared my ticket immediately on their system. 
Thanks for all your advice. 

Ah, I take back what I said: in THAT case your colleagues have comeback.  They need to complain to the BPA - can be done online in minutes - and attach their PCNs and proof of paying £60 and demand refunds.  Make lots of formal complaints about ParkingEye and state the bit in bold, above.

Or they could send ParkingEye a LBC (stating the above bit in bold) and demand their money back or they'll sue.

BPA Complaint route is easiest!

Also, do any of you fancy getting this into your local paper? That will assist with pushing the refunds.

Why on EARTH do some people pay?!