PCN from Parking Eye- weird one

afi

I have a weird situation and not sure how likely my appeal will be accepted. Have read all the newbie forums and appealed parking tickets before but this is a little odd.

Parents took my car for a roadtrip. They were looking for parking and found a car park. He looked at the signs and required payment via app. Dad isn't the most tech savvy person. He googled "PayByPhone app" and clicked the first link (which was a sponsored link)- he tried to download the app from that website which asked for card details to download the app - it took £1 from his account which he thought was paying for the car park (it then took £38 3 days later and signed him up for a subscription monthly but thats a separate issue).  

After that, it didn't seem right as the parking should've been £3 so they decided to leave the car park. Total time was less than 20 minutes total from entry to exit.  We have screenshots of all the scammed payments and links to the scam website.

A genuine attempt to pay was made, but due to poor tech knowledge a genuine error was made and was scammed in the process. I appreciate parkingeye aren't responsible for poor technology skills but not sure how to argue this?

Gr1pr

If Parking Eye complied with POFA then they can transfer liability from the driver to the keeper, meaning that it probably doesn't matter what happened with the app, or the scam website, the NTK PCN was probably issued for non payment of the parking tariff there

You have received the NTK PCN letter as registered keeper 

Study the newbies sticky thread in announcements and check if the NTK PCN complies with POFA , assuming that this is in England or Wales 

Then decide what your next move is, we don't suggest that you pay but no appeal will get it cancelled based on the story above,  so start looking for a golden ticket or something else that may be in YOUR favour as RK

Coupon-mad

This would likely be an argument that will win later in small claims court. But it won't be won with any appeal.

Drivers should always look to park on-street.  Avoid private car parks/any car park. In most towns you can park on-street.

KeithP

@afi, what happened next?