Driver forgot to enter licence plate

deejbk01

Hi, received attached Parking charge notice, apparently parking within proscribed time limit but failing to enter details into the newly-installed machine in the gym (don't know if relevant, but previously had received a warning letter for a prior occasion a few weeks earlier when driver also failed to enter licence plate details.

Have Emailed gym, but based on past experience, they are unlikely to do anything other than send proof that driver was a gym user on the date in question. Best way to proceed?

https://drive.google.com/file/d/1eMw1oBTzbSo58ouMGLyGIbKiraZYpWqR/view?usp=share_link

https://drive.google.com/file/d/1KNIOtA4GjpsrDXafrzorBEz7YZGUDVwU/view?usp=share_link

Umkomaas

Is the requirement to enter you VRM into the touchpad in the gym detailed in the signage in the car park (not any home-made print job on the gym reception desk). Get photos of the signage in the car park asap so we can see what they say, and advise. Need to do this quickly as there's little time left to appeal to PE to give you the chance of a further appeal to POPLA. 

You seem to be having ongoing problems at this gym venue. Have you thought of moving to another one without PPC interference in their car park?

UncleThomasCobley

deejbk01 said:

Have Emailed gym, but based on past experience, they are unlikely to do anything other than send proof that driver was a gym user on the date in question. Best way to proceed?

To start with, cancel your membership, explaining why and then find another gym, not as ignorant as your current one, that doesn't contract scamming, unregulated private parking companies that drive business away from them.

deejbk01

Umkomaas said:

Is the requirement to enter you VRM into the touchpad in the gym detailed in the signage in the car park (not any home-made print job on the gym reception desk). Get photos of the signage in the car park asap so we can see what they say, and advise. Need to do this quickly as there's little time left to appeal to PE to give you the chance of a further appeal to POPLA. 

You seem to be having ongoing problems at this gym venue. Have you thought of moving to another one without PPC interference in their car park?

If only that was an option, sadly this is the only one near me with a creche.

Photo included below. I think 28 days have now passed since the issue date, is it still possible to appeal this? 

fisherjim

deejbk01 said:

Hi, received attached Parking charge notice, apparently parking within proscribed time limit but failing to enter details into the newly-installed machine in the gym (don't know if relevant, but previously had received a warning letter for a prior occasion a few weeks earlier when driver also failed to enter licence plate details.

Does the driver have some medical condition where memory is affected?

It would appear that any newly introduced T&C change bedding in period was covered off with the warning letter.

There doesn't seem to be much wriggle room with this (apart from PE's usual inadequate micro small T&C's on signage) if the gym have basically taken the view you have been warned once tough luck.

baser999

Agreed @ fisherjim, how difficult can it be? Stick your registration number in at reception, 4 hours free parking 🙄

Coupon-mad

You might be able to win if there is a lack of conspicuous extra signs drawing drivers' attention prominently to the new rules.  There's a BPA CoP clause about that requirement.

Photos inside the gym reception might be useful for POPLA stage to prove this keypad is not prominent and nor is there a warning there (inside) of agreeing to pay £100 per visit if you don't use the keypad.

Yes you can still probably appeal as ParkingEye set the 28 days from service not from the date of the PCN.  Do it now TODAY and prove your gym membership status as an attachment for PEye to see. They might reduce it to £20.

deejbk01

Coupon-mad said:

You might be able to win if there is a lack of conspicuous extra signs drawing drivers' attention prominently to the new rules.  There's a BPA CoP clause about that requirement.

Photos inside the gym reception might be useful for POPLA stage to prove this keypad is not prominent and nor is there a warning there (inside) of agreeing to pay £100 per visit if you don't use the keypad.

Yes you can still probably appeal as ParkingEye set the 28 days from service not from the date of the PCN.  Do it now TODAY and prove your gym membership status as an attachment for PEye to see. They might reduce it to £20.

will do... should I just use the standard  blue text from the newbies thread:

Re PCN number:

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.

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.

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

As proof that the driver was a legitimate customer of the Nuffield Health Merton Abbey and user of the gym at the time of the alleged offence, please see attached a record kindly provided by Nuffield health showing the driver's entry to the facility. <attachment from gym with personal details redacted>

Coupon-mad

Yes - do that right now.

deejbk01

Received this... https://drive.google.com/file/d/1_YJlsgNSBDGAWsp3s2YogLNEjvj22DHx/view?usp=drive_link

Guessing I should just ignore it?

btw it says that "You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park" However I do not believe I have said any such thing, see my apppeal above

Coupon-mad

Ignore it.