Parking EYE PCN – No payment received – Avenue Rd, Southall

ricardoakaapna

Im wondering if worth appealing.

Parked in car park and tried to pay by contactless (its a new thing for a technophobe). The phone said processing and driver assumed the transaction would complete once they were in area with better reception.

19th was 14 days ago so do I have to appeal today to put a hold on reduced price if the appeal ultimately fails?

card issuer states they can't see an attempted transaction.

The entire car park stay including trying to pay was less than 10 minutes. I know there is a minimum 5 min consideration period.

Could be argued took 5 min to consider, tried to pay and then left because payment not successful.

Nellymoser

The 5 min rule has been hot topic of late receiving alot of bad press and interest from MPs.

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Then email a complaint to your own MP ask them to contact the MPs in the news article with your parking experience.

You can also try complaint to Landowner...Plan A in the NEWBIES Announcement thread.

Please also sign this petition to keep pressure on Govt to regulate this industry.

Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament.

https://petition.parliament.uk/petitions/701453

Gr1pr

Could be argued took 5 min to consider, tried to pay and then left because payment not successful.

Yes, definitely,  Parking Eye won't like it,  Popla might not, but a judge might 

ricardoakaapna

The problem I have is that the registered keeper will not go to court. 

It seems like any appeal will be rejected.

so on that basis the keeper has to pay or disclose name of driver?

ChirpyChicken

Then appeal it yourself as the driver. In the appeal if you indicate you were driving liability WILL be transfered over to yourself.

ricardoakaapna

If keeper responds with my details after 28 days will I then get the option of a 14 day discounted offer as well?

Coupon-mad

ricardoakaapna said:

If keeper responds with my details after 28 days will I then get the option of a 14 day discounted offer as well?

Yes but that's irrelevant. You won't be paying even if you lose the appeal.  Get the keeper to name you to transfer liability. 

ricardoakaapna

Is the below ok for a POPLA appeal?


I went to this car park in order to go shopping in the local area. Upon entering the car park I looked for some available parking. Once I was safely parked I then set about to review the parking terms and conditions. After review I then attempted to enter into a contract with Parking Eye, the firm that manages the car park. I have the paybyphone app which has on previous occasions been quick and convenient. I entered all the details and selected my card to pay as I usually do but on the final screen the app continually said "processing" on the screen. I noticed I didn't appear to have good phone reception which I suspected was the reason for the app not working as intended. After waiting to see if it would work I realised I could not pay as I had no alternative method of payment. I therefore left the car park without entering into a contract. You will note the total extent of my stay was 8 minutes. I attach evidence of my previous successful use of the paybyphone app and good conduct. 

I am aware that historically a 5 minutes grace has been allowed but that has now been scrapped for the exact reason of people being unable to pay by phone due to poor reception.

The total extent of my stay was 8 minutes which I believe was justified given the issues I was facing trying to make payment and enter into the contract.

As I did not ultimately enter into a contract I believe this fine should be cancelled.

Coupon-mad

That is not a recommended POPLA Appeal.  That's only the first point to make. You must also attach evidence, such as going back and recreating the issue (on foot, without parking there!).  Record or screenshot the 'processing' page.

Did you miss the third post of the NEWBIES thread all about POPLA (other recommended appeal points already written)?

ricardoakaapna

I did see a newbies thread but I was a long thread so I may have missed some stuff.

Coupon-mad

Read it again. It is your resource.  See my signature.