Wye Valley Visitor Centre ParkingEye POPLA Appeal

Coupon-mad

They're not "regulated" and POPLA is not an "ADR".

Load of rubbish!

B789

Looks like a template they use to fob you off.

A response reminding them about their own liability for the actions of their agents and you are prepared to dispute the PCN from the unregulated parking company all the way to court, if necessary. Therefore, as the person who wrote the email to you has insinuated that you have not paid for the parking whereas you can prove that you did, they should pass your response on to their legal representatives, reminding them that if they "can't take responsibility for the actions of another company" even though they, the landowners, have contracted that company and so are equally liable under the law for the actions of their agents.

drbayleaf

That's pretty much what I've gone with in my reply, but the bit about them being liable for the actions of their agents is worth an additional email. So thank you again @B789

I've continued to point out also that 80% of their TripAdvisor reviews talk about getting PCNs.

fisherjim

The appeal process is strictly unregulated for your protection.....

There I have corrected that lie for them!

Reading that it is quite obvious that they have 1_ not done any research before engaging a PPC 2_ been taken in by Parking Eye's sales pitch hook line and sinker!

Umkomaas

If you need help go to Citizens Advice for help that you can trust.

The CAB have no idea about private parking charges. They will tell you to just pay your PCN.  How could you trust that bit of advice?

drbayleaf

Thanks @fisherjimand @Umkomaas - sadly they have not replied to me again - seems they just reply once to fob off and then nothing. They certainly have been taken in by ParkingEye - or perhpas have a special interest given that PE use them as one of their Case Studies on their website: https://www.parkingeye.co.uk/car-park-management/case-studies/wye-valley-visitor-centre/ 

I'm not sure if I have any remaining option other than POPLA.

drbayleaf

Well, I had a _really_ strange response from the landowner today which seems to have been written with the assistance of ChatGPT! and accuses me of threatening behaviour.

I am pleased that your family enjoyed their trip, thank you for sharing such lovely images. I am sorry that we missed your original email, thank you for sending it again.

The original incident was a mere matter of an alleged tort between you and another company. You should not feel that it is a crime. I understand from your first email that you were sent a Parking Charge Notice (PCN) as a result, which you should resolve with ParkingEye. As a matter of courtesy we have published information in the FAQs on our website to help people in your situation decide what to do, with links to appropriate resources. An appeal to ParkingEye is free of charge. If you dispute the outcome, Independent Alternate Dispute Resolution (ADR) is available, again free of charge. This appeal procedure does not limit your right to challenge the PCN in court, nor your right to complain to the ParkingEye's industry association which, I understand, audits their written procedures and installations for regulatory compliance.

ADR Providers are also regulated and we are not qualified to act in that capacity. Given the above, our guiding principle is that our company does not take the side of ParkingEye against you, nor do we take your side against ParkingEye. Your initial email was not a complaint against us, so our reply was appropriate.

Your complaint against our company is "... you appear not to have read my [last] email...", which was not correct. I have no concerns about that, nor using editing tools to be sure of presenting details. Running a carefully considered text through ChatGPT to make it look more genuine, or manually changing the odd word, could lose nuances which might be important to you - and it would be a shallow pretence.

However, we have concerns about other elements of your complaint:

"I strongly advise you to check your plummeting TripAdvisor reviews - where 8 of the first 10 mention disgusting abuse of ParkingEye PCN fines"

In our experience, such a statement can be an implicit threat of blackmail and misuse of telecommunications, and you seem to confirm your willingness to act on that:

"I have also CC'd the Wye Valley AONB as I feel they should know that one of their principal attractions is getting atrocious reviews on TripAdvisor purely due to your association with ParkingEye. I'm also CC'ing my mother who joined us for the day and my wife for her visibility."

These actions are consistent with nurturing an irrational and fulminating arc of antipathy towards our company coupled with a lack of behavioural restraint, while convinced of having a personal moral authority which excuses those actions.

Please be assured that we only wish you well and we do recognise your feelings, but your trajectory of behaviour has caused alarm and distress to people who are not to blame. Our policy for managing such behaviour is attached in the hope that reading it will help you to recognise why we are concerned and to reflect on it. In the meantime you should immediately cease and desist from your professed path and withdraw anything inappropriate that you have published.

I look forward to receiving your confirmation that you have done so in order that we can resume normal relations, the sooner, the better for all concerned.

Coupon-mad

Point out:

I am struggling with your reply, primarily because you are mistaken.

POPLA is not an 'ADR' and the public should not be misled about its role. POPLA is not independent and is self-serving (paid for and instructed by the BPA, the parking firms' Trade Body) and it is about to be removed by Government as they finally step in to regulate this rogue industry in 2024.

Did Parking Eye their clients mislead their clients on this matter?  No "regulated ADR" is on offer at all.

In fact BPA parking firms state in their template rejection letters that they choose NOT to offer ADR from an Ombudsman.

It's a further struggle to make sense of your position because your penultimate paragraph is odd and appears to have been written by ChatGPT.  It does read strangely.

Notwithstanding the above, I would love to resume a normal discussion, which has been my intention throughout. This isn't a personal attack; this is perfectly 'normal relations' and I wasn't being rude nor asking you to arbitrate so I think there have been misunderstandings.

All I wanted you to revisit was the fact that you appear to have missed that your ParkingEye User Manual allows client landowners to email ParkingEye to cancel PCNs.

Because you haven't been doing that for paying visitors as a goodwill gesture, your Trustpilot Reviews have understandably plummeted and will continue to suffer.  This is a shame for you and for potential customers, no doubt putting plenty of people off visiting your lovely location.

I ask please that you kindly review and find in your agreement that you signed with ParkingEye, the clause and dedicated cancellations email and consider using it in cases like ours. For example, the retailer Morrisons use ParkingEye, and reportedly cancel hundreds/thousands of PCNs without quibble, saying that the system is not intended to upset or penalise customers.

ParkingEye don't encourage cancellations but you are the principal here.  And you hold the reins and clout (quite rightly).  We are your customers, not ParkingEye's customers.

If and when they try to drag their heels about individual cancellations and put you off, please consider that these unpaid third party agents would say that, wouldn't they, given they operate an MP-discredited regime akin to a protection racket driven by cheap 'auto-ANPR' which MPs have called out as an 'outrageous scam'.  The fact they aren't paid by landowners gives a clue as to where all their money comes from:,your disgruntled customers, behind your back.  The more PCNs the better, for them.  This greedy regime does nothing to help you.

My difficulty is understanding why you don't seem to be exercising your right to cancel PCNs, when you have the same right as any ParkingEye client landowner.  Most of their clients reportedly do cancel for customers.  In fact ParkingEye boast that a huge percentage (half?) of their PCNs are cancelled either on appeal or when clients request it.  It's one of their selling points that they say they act reasonably when clients ask.  You don't appear to be asking them, which is sadly causing you huge detriment.

drbayleaf

Coupon-mad said:

I can't believe the quality of this response (and note that you edited it to make it even more comprehensive). As I already sent them a reply with some of your earlier content then I shall wait for a response before returning with this final message. THANK YOU @Coupon-mad and others for your support.

I truly hope others who park at Wye Valley Visitor Centre / Wye Valley Butterfly Zoo / aMazing Hedge Puzzle / Wye Valley Miniature Golf and get a ParkingEye PCN find this thread and help show the Messers Heyes that they need to give ParkingEye the boot to save their image.

PS. Adding Wye Valley Visitor Center << deliberate mis-spelling for future dyslexic Google searchers,

drbayleaf

It looks like I've hit a dead end with the owner - wall of silence (backed up by other web reviewers saying the same).

The drivers PayByPhone log was acquired which shows the repeated failed attempts to purchase parking ticket, but could also be used to suggest they didn't act as quickly enough...

So on with the POPLA - is there a case to make that PE should give PayByPhone the ANPR arrival time in order for the driver to be informed about the exact time to purchase parking from? Without that data (which surely PE have) the customer is unable to ... *insert correct legal language about agreeing to a contract*.