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

atruefaker

Fruitcake said:

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.

Thanks for the info on making the quote work - I was struggling.

Below is what I will be sending on the Parking Eye's appeal email address - I know @Coupon-mad suggested I send the video too. What happens if it is too big to upload, can you ask them for another way to deliver this as supporting content for the appeal?

APPEAL email:

To whom it may concern

Re PCN number: xxxxxxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

The NTK did not arrive and 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 Parking Eye should cancel the PCN.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

In addition to the above and the registered keeper named on the PCN appeals and attaches a bank statement evidence that the family shopped, and tells Parking Eye the below:

• We do not normally drive to the store but walk but as my partner 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. 
• My partner was also unwell due to suffering from extreme sickness, which meant taking medication at the time to stop nausea and vomiting and because of this we had to wait until they felt better to move again. 
• The pregnant passenger is also covered by the Equality Act 2010 and therefore Parking Eye should make reasonable adjustments for people with protected characteristics. 
• Pictures were taken of the machine when we were there, the entrance into the car park and a video of us trying to pay a tariff too and the machine would not work. These are attached.

THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE, OR IN THE RELEVANT BOX ON THEIR APPEALS PAGE.

atruefaker

I have also noticed that on the back of the PCN information it says "the signage, is clearly displayed at the entrance to and throughout the car park, states that this is private land and that the car park is managed by Parkingeye Ltd." however, you can see from the entrance into the park, there are no signs visible as they are doing a load of building work - is this worth highlighting in the appeals letter as a point - as I took an image of the entrance to the car park?

Coupon-mad

 there are no signs visible as they are doing a load of building work - is this worth highlighting in the appeals letter as a point?

Yes.  Attach that photo as well as your video then repeat the same stuff at POPLA, without using any words that imply who was driving.

atruefaker

Thank you for all your time and advice @Coupon-mad @Fruitcake and @Umkomaas - I really hope this appeal works!

atruefaker

Just to let you know Parking Eye have a file limit of 4mb, which means sending a video is impossible - so I uploaded it to a shared google drive link and stated this limit firmed part of the appeal and access had been given to view the file.

Le_Kirk

atruefaker said:

Just to let you know Parking Eye have a file limit of 4mb, which means sending a video is impossible - so I uploaded it to a shared google drive link and stated this limit firmed part of the appeal and access had been given to view the file.

Gosh it is almost as if they do not want to accept your appeal and evidence!

atruefaker

Hello All

I hope you all had a good Christmas.

I sent my email to ParkingEye online saying all the above outlining why I should not pay the PCN on 25th Nov 2022, I hadn't heard from ParkingEye so I checked my spam. They responded to me on 14th Nov (2.5 weeks later) and they have sent what looks like a generic email and said I have not provided enough evidence, I provided photos and a video of the machine (on a google link, as there site does not allow you over 4mb) - I don't even know if anyone viewed it as it is clear from the video no payment could be made and there was no contact number for problems.

Please can I find out if I now need to go to
a) the second stage as per the Newbie post?
b) use the template for the made up admin charges? 

I have cut and paste the PDF response they sent to me, if this is needed.

I appreciate I have been delayed in responding them too, as I only found it in my spam folder tonight.

Thanks in advance.

14 December 2022

Reference: Parking Charge Notice - xxxxx

POPLA Ref: xxxxxx

Dear Sir / Madam,

Thank you for your appeal in relation to the Parking Charge incurred on XXXX 2022

at xxxx, at Hallsville Quarter, London - Basement and Surface car park.

We have reviewed the details outlined in your appeal, but we are not in receipt of

sufficient evidence to confirm that the terms and conditions were not breached. The

signage displayed on site confirms that there is a maximum stay time in operation. Our

records confirm that on the date of the event, the maximum stay time allowed was

exceeded.

We are writing to advise you that your recent appeal has been unsuccessful and that you

have now reached the end of our internal appeals procedure.

If you wish to have your case independently assessed, please be advised, there is an

independent appeals service (POPLA) which is available to motorists who have had an

appeal rejected by a British Parking Association Approved Operator. Contact information

and further information can be found enclosed. See also www.popla.co.uk

By law we are also required to inform you that Ombudsman Services (www.ombudsman-

services.org/) provides an alternative dispute resolution service that would be competent

to deal with your appeal. However, we have not chosen to participate in their alternative

dispute resolution service. As such should you wish to appeal then you must do so to

POPLA, as explained above.

Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the

driver can appeal to POPLA (Parking on Private Land Appeals).

As a gesture of goodwill, we have extended the discount period for a further 14 days from

the date of this correspondence. If you appeal to POPLA and your appeal is unsuccessful

you will not be able to pay the discounted amount in settlement of the Parking Charge,

and the full value of the charge will be outstanding. If you have already paid the reduced

amount, the Parking Charge will be increased to the full amount and the remaining

balance will be due.

A payment can be made by telephoning 0330 555 4444, by visiting

www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to

Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference

number on the reverse of any cheque/postal order so the payment can be allocated.

Parkingeye Limited, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454

If you have received this correspondence via email, please allow 24 hours for our

systems to reflect the discounted value before making a payment via our automated

payment line or website.

Yours faithfully,

Parkingeye Team

Mouse007

PDQ: Edit your post to remove the PCN number and POPLA reference number, just replace them with a row of xxxxx's along with the date shortly afterwards xx/xx/xx

Reference: Parking Charge Notice - xxxxxx/xxxxxx

POPLA Ref: xxxxxxxxxx

Dear Sir / Madam,

Thank you for your appeal in relation to the Parking Charge incurred on xx xx xx

at xx:xx, at Hallsville Quarter, London - Basement and Surface car park.

Coupon-mad

What's all that POPLA stuff?  We don't need to see the rubbish on the POPLA website.

The NEWBIES thread third post tells everyone how to do a POPLA appeal, if your complaint to the landowner doesn't work.

atruefaker

Mouse007 said:

PDQ: Edit your post to remove the PCN number and POPLA reference number, just replace them with a row of xxxxx's along with the date shortly afterwards xx/xx/xx

Reference: Parking Charge Notice - xxxxxx/xxxxxx

POPLA Ref: xxxxxxxxxx

Dear Sir / Madam,

Thank you for your appeal in relation to the Parking Charge incurred on xx xx xx

at xx:xx, at Hallsville Quarter, London - Basement and Surface car park.

Thank you, I have done.