Parking Eye ticket advice - Camera didn't pick up entry/exit properly - letter 41 days late

southernorth

KeithP said:

They are allowed up to six months to get keeper details from the DVLA.

Their trade association allows them another month to get a Notice to Keeper to the keeper.

The Protection of Freedoms Act insists on a Notice to Keeper being delivered to the keeper within fourteen days of the parking event if the parking company wants to transfer any driver's liability to the vehicle's keeper. 

Thanks Keith.

In my situation, as it's well beyond the 14 days and I think also a case of 'double dipping' should this be a fairly simple one to appeal - or have others in a similar situation had further issues?

Half_way

southernorth said:

Half_way said:

there seems to be a few of these so called double dip cases lately

anyway, first of all whos car park is this  and where?

Portfield way retail park, Chichester. 

https://www.google.com/maps/place/Portfield+Retail+Park/@50.8416812,-0.7564564,366m/data=!3m1!1e3!4m6!3m5!1s0x487452a0d6b43019:0xda8dbac23e45807a!8m2!3d50.8416616!4d-0.7560731!16s/g/12cnyngn7

Ok, from that we get this:

https://completelyretail.co.uk/scheme/chichester-retail-park-chichester-2354

and from there the owner M&G Real estate, and from there we end up here :

https://www.mandg.com/realestate/en-gb/united-kingdom

and from there some contacts, looks like Hugo needs a nudge telling him that his agents, the unregulated parking company, parking eye operating at their Portfield way retail park site in Chcihester have accessed your personal details without just cause and are relying upon flawed technology with no proper reasonable checks such as a foot patrol / manned entry/exists in place to ensure that the data gathered by the cameras is accurate.

 And as a result of this flaw in their systems, your data has been processed incorrectly and without just cause.

 You will also need to remind Hugo that he is jointly and severally liable for the actions of his agents, the un regulated parking company - parking eye, you need to see some positive action from M and G  to resolve this situation and ensure that it never occurs again such as removing any un regulated parking company from the site and suitable compensation for your troubles

Gr1pr

Just use what you found plus what I posted, both are winning points as long as the driver is not identified or implied, so the keeper must appeal, as keeper 

If the driver was divulged, POFA would go into the bin giving you less chance of winning, reliant on the ANPR issues plus signage plus getting a landowner cancellation , so you have 2 excellent chances of a cancellation, which is good for you as keeper at the moment 

PE issued the PCN under the 7 months rule outlined earlier, hoping that you would just pay up , it's not late at all

Luckily for you, we know the score , its really a no brainer,  easy peasy win based on the information so far 

southernorth

Thanks for the advice everyone. Appeal submitted. I'll update the thread with their response. 

southernorth

Parking Eye have responded

Dear Sir / Madam, Thank you for your correspondence in relation to the Parking Charge incurred

We are writing to advise you that your recent appeal has been placed on hold whilst we await further information. 

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, but you have not indicated who was. 
Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided. 
Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by visiting www.parkingeye.co.uk or by posting a cheque or postal order to the address detailed below. 

Yours faithfully, Parkingeye Team

Gr1pr

Then wait, unless you want to dob in the driver. ? ( I would wait for the decision. )

Coupon-mad

Obviously you ignore that. Search the forum when you get template replies. Nothing here is new.

southernorth

I've also just found out the description/location that Parking Eye gave is incorrect. 

The letter says "PORTFIELD WAY RETAIL PARK, CHICHESTER", but after speaking to a John Lewis Manager (in the retail park) they inform that their car park actually has no parking restrictions and isn't "managed" by Parking Eye, rather CBRE. 

Parking Eye "manage" the car park by Tim Hortons/Costa/McDonalds, not the the larger one with John Lewis.


https://www.google.com/maps/place/Tim+Hortons+-+Chichester/@50.8422367,-0.7566091,336m/data=!3m2!1e3!5s0x487452a0c8d89657:0x18a8d07fb7a88563!4m14!1m7!3m6!1s0x487452a0d6b43019:0xda8dbac23e45807a!2sPortfield+Retail+Park!8m2!3d50.8416616!4d-0.7560731!16s/g/12cnyngn7!3m5!1s0x4874532797af4f95:0x4bf42e3b98df25c7!8m2!3d50.8425087!4d-0.7560547!16s/g/11t408ppg2?entry=ttu&g_ep=EgoyMDI0MDkyMy4wIKXMDSoASAFQAw==

The businesses in the larger retail park even mention "retail park" in the postcode, but Tim Hortons etc. doesn't, but just says Portfield way. 


Not sure if this info is now useful, as they've essentially got the location wrong?



In their appeal response they've ignored the double-dipping issue I highlighted, about orphan images. Aren't they mean to investigate the orphan images?

Coupon-mad

Really important. 

I know PORTFIELD WAY RETAIL PARK, CHICHESTER and we like it because it has good shops and no scammer whatsoever.

Definitely wrong location. They mean the smaller (restaurant) car park over the road don't they.  That isn't Portfield Retail Park.

And yes they MUST do human checks to discount a double visit.

southernorth

I've sent emails to Costa and the landlord of car park now. Also spoke to the Costa manager earlier, seems they get a few customers per week in store with same sort of issue.

I'm still trying to find a source that would prove car location - I don't have that google maps tracking enabled and don't have a dashcam or door cam.

The bank statements I have might be helpful - issue is I bought something from Costa on the 'start' day of the PCN, but this was a Sunday, so the purchase only shows on Monday.