PCN - PARKING EYE - HALLSVILLE QUARTER, E16 - Pregnant + ill at the time - urgent advice pls?

atruefaker

Hello

Please could I get some help with next steps and where to look? I am so confused about the next steps. I recently gave birth, and have a newborn and caught covid so I have been out of action a lot and the thought of £100 charge looming is worrying me and not something my partner and I can afford with a new baby - as Parking Eye's letter say we need today £100 by 25th Nov, which us in a couple of days. The car we used is my partner's who was with me at the time.

My partner and I visited Morrison’s in Canning Town, E16 on 22/10/2022 (we were driving my partner’s car) and parked in HALLSVILLE QUARTER, BASEMENT AND SURFACE

• Parking Eye have said we overstayed the free two hours by an extra hour and so we have received a PCN from which says we have to pay £100 by 25/11/2022, however, we only received the PCN letter on 7/11/2022
• We assumed this was a Morrison’s car park and complained directly to Morrison’s in the first instance and they said,"this car park is owned and operated by a private landlord and not by Morrisons”
• We do not normally drive to the store but walk but as I was heavily pregnant and suffering from extreme sickness (Hyperemesis Gravidarum) and shortness of breath due to anaemia, we decided to visit the store by car.
• We tried to pay the stated tariff on the pay and display, of £15 for 9 hours - twice (once when we got there and once when we left). 
• On both occasions we attempted to enter the car’s details and we could not make a payment as the machine would not accept payment, alongside there being no number to call to query this on the payment machine.
• We went shopping in Morrisons and then delivered some purchased food to a pregnant friend. 
• I was also unwell due to suffering from my extreme sickness, which meant I had to take medication to stop my nausea and vomiting and because of this we had to wait until I felt better to move again. 
  
• I took pictures of the machine when we were there, the entrance into the car park (included in post) and a video of us trying to pay a tariff too and the machine would not work ( we can't post this as it is too large).

We did try to pay the up to 9hr tariff but couldn’t as the machine would not give us a payment option, and nothing was clear in terms of the signage about who to contact about payment issues.I’d be so grateful if anyone can tell me if I should appeal directly to Parking Eye, which is what Morrison’s told us to do.Thank you and apologies if the answer is glaringly obviously - I am so exhausted at the moment!
pic 1: my partner went back and took a close up of the signage as the one we took below on the night is not clear.

Fruitcake

What was the issue date of the PCN? It arrived too late for the registered keeper to be liable, but it is difficult to prove without knowing the issue date.

If the keeper hasn't already appealed to ParkingEye then do so now using the template in blue text from the sticky Announcement for NEWBIES. Send it unaltered from the keeper except for the following,

Add that the NTK was given on 07/11/22 which is too late for the keeper to be held liable because it failed to comply with the strict requirements of the PoFA 2012, so they should cancel now to save themselves time and money.

Also add that an occupant of the car was pregnant and taken, therefore needing more time.

The keeper should also complain to their MP, and the landowner.

The pregnant passenger may be covered by the Equality Act 2010 and therefore PE should make reasonable adjustments for people with protected characteristics.

Do not under any circumstances reveal the driver's identity. Only ever refer to The Driver, The Keeper, and a passenger or occupant of the car, but obviously give the keeper's name and postal address on the appeal.

Umkomaas

Does the second page of the PE Notice to Keeper (NtK) contain a paragraph headed 'Protection of Freedoms Act'?

Coupon-mad

Do appeal to PE but not ticking 'driver'.

Do tell us whether the first PCN (not the 2nd letter Reminder) says on the back that 'you will' be liable under the POFA 2012? 

The registered keeper named on the PCN appeals and attaches receipts or bank statement evidence that the family shopped, and tells PE the below. AND upload your video:

• We do not normally drive to the store but walk but as I was heavily pregnant and suffering from extreme sickness (Hyperemesis Gravidarum) and shortness of breath due to anaemia, we decided to visit the store by car.
• We tried to pay the stated tariff on the pay and display, of £15 for 9 hours - twice (once when we got there and once when we left). 
• On both occasions we attempted to enter the car’s details and we could not make a payment as the machine would not accept payment, alongside there being no number to call to query this on the payment machine. 
• We went shopping in Morrisons and then delivered some purchased food to a pregnant friend. 
• I was also unwell due to suffering from my extreme sickness, which meant I had to take medication to stop my nausea and vomiting and because of this we had to wait until I felt better to move again. 
  
• I took pictures of the machine when we were there, the entrance into the car park (included in post) and a video of us trying to pay a tariff too and the machine would not work.

atruefaker

Thank you @Fruitcake, I was not able to quote your comments but have replied in BOLD below. I really appreciate your time and advice.

What was the issue date of the PCN? It arrived too late for the registered keeper to be liable, but it is difficult to prove without knowing the issue date. 

THE PCN we received says:
Date of event - 22/10/2022
Date Issued - 28/10/2022
We received the PCN letter by post on 7/11/2022 - however, we have no way of proving this other than our word - does this mean we can contest the charge?

If the keeper hasn't already appealed to ParkingEye then do so now using the template in blue text from the sticky Announcement for NEWBIES. Send it unaltered from the keeper except for the following, Thank you I will do this now.

Add that the NTK was given on 07/11/22 which is too late for the keeper to be held liable because it failed to comply with the strict requirements of the PoFA 2012, so they should cancel now to save themselves time and money. 

Also add that an occupant of the car was pregnant and taken, therefore needing more time. Will do

The keeper should also complain to their MP, and the landowner. Is there a template to follow for sending complaints and how do we find out who the landowner is please?

The pregnant passenger may be covered by the Equality Act 2010 and therefore PE should make reasonable adjustments for people with protected characteristics. Thank you

Do not under any circumstances reveal the driver's identity. Only ever refer to The Driver, The Keeper, and a passenger or occupant of the car, but obviously give the keeper's name and postal address on the appeal. Thank you

Fruitcake

You should be able to quote any post by clicking on the "Quote button underneath it, then type in the white space under the quoted section. Note that when you click "Quote you need to scroll to the bottom of the page to see the quoted post.

There are no templates for complaint letters. There is a thread called something like, "Successful Complaints ..." so do a forum search to see if there is anything there that might help, although bespoke complaints are always best.

Please answer C-m's extremely important question about whether or not the NTK has a paragraph mentioning the PoFA 2012. However, you should still state that it arrived (was given) on the seventh so is too late for the keeper to be held liable.

atruefaker

Umkomaas said:

Does the second page of the PE Notice to Keeper (NtK) contain a paragraph headed 'Protection of Freedoms Act'?

Yes it does contain this paragraph, I have attached the back of the letter - does this mean anything significant?

Fruitcake

It means it is not "a golden ticket", but you should still state as a matter of fact that it did not arrive (was not given) until the seventh and therefore the keeper cannot be held liable.

atruefaker

@fruitcake for some reason, every time I try to quote your post, it tells me there are not enough characters in the body of the text, no matter how many times I try to rectify this. Apologies 

Fruitcake

atruefaker said:

@fruitcake for some reason, every time I try to quote your post, it tells me there are not enough characters in the body of the text, no matter how many times I try to rectify this. Apologies 

If you type here, the system assumes it is part of the post you have quoted.

If you type here in the white space underneath it should be okay. However, you need to type here before you amend or highlight anything in the grey area.

If you type in the grey area first, the system prevents you from posting here in the white section.

Umkomaas

atruefaker said:

@fruitcake for some reason, every time I try to quote your post, it tells me there are not enough characters in the body of the text, no matter how many times I try to rectify this. Apologies 

The quote is shown in a grey background. You need to type in the white background below it. Around12 characters (plus) should be sufficient.