PCN - Parking Eye

Couldey

Hello everyone,

Folks have managed to pick up a PCN from Parking Eye. Last week Sunday they drove into Harrow Hall carpark to get some food after shopping around mid-afternoon, but the first food shop was closed (directly outside the post office as per Google Maps on council land), so they drove around the carpark to another shop (near the Domino’s, private land) and parked there for 15 minutes - SL3 8HJ. 

Little did they realise that 70% of the carpark is run by the council, whilst the remainder is private land, thinking the council tariff also applied there. But both carparks interlink with each other, each having entry/exit points, so they assumed it was all one carpark. Easily assumed. 

Seems to be a few cases from searching online, not just parking but also for driving through:

https://forums.moneysavingexpert.com/discussion/6013663/claim-form-from-county-court-business-centre/p1

https://www.facebook.com/share/p/859QYvoiophct6DJ/?mibextid=K35XfP

Reading up on this, I believe majority of the carpark is run by the council, who give blue badge holders free parking as per the tariff board below, whilst the private land tarriff does not allow this for blue badge holders and they have to pay, hence the PCN delivered to them yesterday by post. The images shows their car driving rather than parked. Dad was driving, mum was passenger but car is in mum’s name (keeper).

Just want to confirm a few things:

Using the newbies thread, I complain initially to the food shop they went to? Or to the land owner?

I can’t find the land owners details, but from the links above, it seems to be a school that owns it?

Or straight to Plan B and appeal online as registered keeper using the template below?

“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.

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.”

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

THE DRIVER IS NOT IDENTIFIED.

Coupon-mad

If it is a school, how come they went into a shop? Is it all one area?

Could the car have driven past the ANPR cameras and into the Council area to park?  If yes, put in the appeal that is what the keeper believes happened. That the car wasn't parked in the confines of the PEye boundary and just drove through.

Sounds like they won't be able to prove to the contrary?  If PEye can't prove that, then your Mum (the keeper) wins at POPLA.

Driver never appeals.  Keeper does.  She could always transfer liability later if POPLA fails.  They won't be paying even if it does.

Gr1pr

The business is unlikely to be the landowner, more likely to be a tenant, its the landowner that the keeper complains to, plan A 

Split car parks are not rare, especially these days with councils selling off land and property, or just leasing it out 

One of the worst things a driver can do is to make assumptions, to assume, rather than check, being wary, choosing flight over fight,its the first check I make when stopping, never mind parking 

Couldey

Hello Coupon-mad. Folks drove into the council side first, parked up then realised the shop was closed. Drove to the other side (private land side) and parked in one of the bays directly outside the shop, stationary for about 14/15 minutes. Picture above of where they parked. 

I believe the school to be the building on the right of the picture (Harrow Hall), but this is where I stand corrected by Gr1pr, thank you. It is probably a school leasing the building/land, not entirely sure what it is. Just the facebook link above made me think the school owns the land.

The ANPR camera would have seen them park up and drive out. Mum displayed her blue badge for the duration whilst parked - how does this affect things?

Thank you

Coupon-mad

Doesn't change things. Mum does the appeal I suggested.  They won't be able to prove where the car ended up parked.

Couldey

Hello, update on events for this thread. 

So I called the food shop a few days ago and spoke to the manager. I explained the situation (folks parked infront of their shop thinking it was all one carpark, displayed blue badge, bought food from them and received a PCN in the post a week later) and the manager said he will speak to teacher of the school to get it cancelled or give details of the land owner. He was sympathetic of the situation as he remembered them coming in to the shop. He said to call back Monday, but not holding my breath for much progress.

Now Parking Eye have sent a reminder letter which arrived today, same details, same reference but the date is 27/08/2024 and the back page has some different details, highlighting parking eye vs beavis under The Case Law. 

With the above, I presume I still stay on track to contact the landowner first and if no joy, then appeal?

I will work on some drafts for both at some point over the weekend and post back here.

Another clanger, I’ve managed to get a PCN! Never had one in my life but will put up another thread about it.

Coupon-mad

Ignore the reminder. Changes nothing.

Couldey

Hello, tried contacting the food shop to see if the manager made any contact with the school, to get the PCN cancelled or confirm the land owner, but no joy here. Tried contacting the school to see if they would shed light on the land owner, but came across a gatekeeper who kept reffering me to parking eye, no luck here.

Will go down the appeals route as the second reminder letter says I have until 03rd September 2024 or the amount due will increase. Not sure if this matters to be honest. 

Just to confirm my next steps, I go onto www.parkingeye.co.uk/appeal and submit the below template along with a picture of the blue badge as the keeper?

“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.

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.”

Thank you

Coupon-mad

Nope. As I said, Mum does the appeal I suggested.

Couldey

It will be in Mums name as the keeper? Or am I misunderstanding something?

Coupon-mad

I explained how I think she should appeal.