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ParkingEye - PCN issued, client/landowner requested cancelation PE demands £20 still

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Hi All,

I apologise for creating a new thread but I couldn't see anything about this having read through the (excellent by the way) newbies guide.

My vehicle was ticketed via an ANPR camera for overstaying (2hrs 12 mins in a 2hr max stay)  however there are additional factors, namely; when staff at the location were asked if parking needed to be extended (which the site has power to do and encourages members to ask) the occupants of the vehicle were told "you should be fine" - despite having explained to the staff member an occupant had a 2 hour booking at the site, had been there pretty much 2 hours already, and due to severe disability needs takes some time to enter the vehicle.

I complained to the client/landowner and they agreed to contact parking eye and request a cancelation (and did so immediately). PE have since sent me a further correspondence stating the are "unable to cancel the parking charge at this stage however, on a without prejudice basis" but offered to reduce the PCN amount to £20 to "cover some of the costs incurred" (which should be next to 0 at this stage). 

I have since checked their online portal and it shows £0 balance outstanding, and there is no longer an option to appeal the PCN, however their telephone system registers this £20 charge they want me to pay. I am at the limit of how long I can wait to appeal or pay, but have not breached it yet, and dont know if has now reset with this "generous" £20 "offer". While I absolutely loathe to give these parasites a singular penny, and believe I would probably have a reasonable case on appeal having read various material on this site I don't want to just ignore this incase it comes around to bite me, especially for the sake of £20. I already have plenty of stress going on in my life as it is...

Is anybody able to render any advice on next steps? At this point should I just suck it up and pay the £20 to be free of these see you next Tuesdays?

Thanks in advance, and huge thanks to the curators of the guides on here

Comments

  • Gr1pr
    Gr1pr Posts: 8,287 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 20 November 2024 at 5:39PM
    The Equality Act 2010 may cover you with the reasonable adjustments argument, never mind that the landowner asked them to cancel the PCN, 2 compelling reasons in your favour , plus the grace period is a MINIMUM of 10 minutes, not a maximum, so 2 minutes is definitely minimis IMHO
  • Hi Gr1pr, I actually explicitly raised the Equality Act in that way when voicing my complaint to the Landowner/client, had a very productive phone call with them the morning in which they agreed to request the cancelation (which was the reason for their call).

    The bigger issue at present here is actually that there is no longer any way to appeal online as it seems like PE have somehow managed to place the PCN in limbo where it's simultaneously cancelled but also not (I would not have time to send a postal appeal), meaning I can't lodge an appeal with the default template and associated "evidence to resolve quickly". Hopefully that all makes sense?

    Totally agree that £100 for a de facto 2 minute overstay is truly obscene.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The quest ion is, will they take you to court.  IMO they would be daft to do so and IMO you would be likely to win.  But most  PPCs are daft and some  are dafter than others.

    Having just settled a SCC (not parking related) claim   i can vouch for the fact that it was  time consuming, even when assisted by Brargepole but it was for several thousand pounds not a mere score
    You never know how far you can go until you go too far.
  • D_P_Dance said:
    The quest ion is, will they take you to court.  IMO they would be daft to do so and IMO you would be likely to win.  But most  PPCs are daft and some  are dafter than others.

    Having just settled a SCC (not parking related) claim   i can vouch for the fact that it was  time consuming, even when assisted by Brargepole but it was for several thousand pounds not a mere score
    Yeah that's my thoughts exactly, the case should PROBABLY go nowhere, but everything I have seen about ParkingEye suggests they are that 1 in 1,000 that just don't know when to quit. I've just started a pretty demanding new job and frankly don't have the time to prep for court cases etc if they do decide to go further, especially over £20.

    If they still wanted £100 then I would definitely wait things out and attempt to pursue things further... So essentially short of somebody having encountered this exact situation before that can give a 95% answer I am *shudder* considering just paying them the £20...
  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Did they really reply with this?

    PE have since sent me a further correspondence stating the are "unable to cancel the parking charge at this stage"

    What a complete an utter load of bovine faecal material  ( if it wasnt for the filters on here stronger words thhat this deserves  would be used)- they are trying to impose the charge and it is they who can put a stop to this nonsense .
     
    I would reply using much stronger language and tell them where they can stick their charge, again reind them of your disability/mobility issues

    As for the shopping centre, get in touch with them  again and tell them what has happened - remind them of what their staff instructed to you and of their responsibilities under the equalities act, and that you expect them to instruct their agents to stop harassing you over this charge and going forward that they either put in place a full automated  anpr system that detects vehicles where an occupant needs extra time or removes the discriminatory anpr system completely
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 151,694 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, take a screenshot tonight of the screen that shows £0 but has left you in limbo (and unable to appeal?).

    Keep that screenshot to use in a complaint to the BPA later but for now, show it to the landowners by email, escalate this as a formal complaint under the Equality Act 2010 and ask if they are content that their agents (for whose conduct the landowner remains liable) illegally charge disabled people £20 to cancel an unfair PCN that only arose due to the perfect storm of both the Centre staff and ParkingEye failing in both their statutory duties as service providers, to make a 'reasonable adjustment' of extended free parking time. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way said:
    Did they really reply with this?

    PE have since sent me a further correspondence stating the are "unable to cancel the parking charge at this stage"

    What a complete an utter load of bovine faecal material  ( if it wasnt for the filters on here stronger words thhat this deserves  would be used)- they are trying to impose the charge and it is they who can put a stop to this nonsense .
     
    I would reply using much stronger language and tell them where they can stick their charge, again reind them of your disability/mobility issues

    As for the shopping centre, get in touch with them  again and tell them what has happened - remind them of what their staff instructed to you and of their responsibilities under the equalities act, and that you expect them to instruct their agents to stop harassing you over this charge and going forward that they either put in place a full automated  anpr system that detects vehicles where an occupant needs extra time or removes the discriminatory anpr system completely
    They did indeed, their exact wording is;

    "We have recently recieved a request to cancel this parking charge via out client.

    Following a review of the case, we are unable to cancel the parking charge at this stage however, on a without prejudice basis, Parkingeye are willing to offer a further reduced parking charge amount of £20.00, which will contribute to covering some of the costs incurred"

    Certainly flared my nostrils reading it because at this point the only part of my PCN that has required them to do anything that wasn't automated was sending me that letter after the sports centre got in contact, so where on gods green earth they have incurred an inferred greater than £20 cost is beyond me!

    I have already contacted the sports centre with a copy of PEs new mail, I expect they will likely ring me back to discuss again. Members can request extra time when parking by speaking to the front desk, but as I mentioned above the occupants of the vehicle were told it "should be ok" or words to that effect, nonetheless it is frustrating to have to request that additional time over the standard 2 hours each time (which is gained by entering your reg on a tablet)

    Yep, take a screenshot tonight of the screen that shows £0 but has left you in limbo (and unable to appeal?).

    Keep that screenshot to use in a complaint to the BPA later but for now, show it to the landowners by email, escalate this as a formal complaint under the Equality Act 2010 and ask if they are content that their agents (for whose conduct the landowner remains liable) illegally charge disabled people £20 to cancel an unfair PCN that only arose due to the perfect storm of both the Centre staff and ParkingEye failing in both their statutory duties as service providers, to make a 'reasonable adjustment' of extended free parking time. 

    I did that as soon as I realised the issue, but thanks for the suggestion. I had already filed a formal complaint and am in contact with centre staff so will speak to them as a continuance of this scenario. 
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Certainly flared my nostrils reading it because at this point the only part of my PCN that has required them to do anything that wasn't automated was sending me that letter after the sports centre got in contact, so where on gods green earth they have incurred an inferred greater than £20 cost is beyond me!
    It will be based around the £2.50 charge by the DVLA to provide your contact details, plus the cost of consumables and postage involved in writing to you. Hard to justify £20, but it's what their Trade Association (BPA) provides them with the excuse to charge it!  All challengeable!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,694 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 November 2024 at 8:41PM
    Insist that the Centre pay the £20 if their greedy agent won't back down.  Make ParkingEye look really bad. Shame both of them for their part in this discrimination.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 6tw6et
    6tw6et Posts: 29 Forumite
    10 Posts
    Hi

    what happened in the end as same thing happened to me today. I did make a new thread!
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