ParkingEye - Chase Farm Hospital electric bay PCN

PartyPops

ParkingEye have issued a PCN for parking in an electric bay despite there being no clear signage on or around the bay or even any ground markers on the bay parked at.

We visited hospital urgent care early this month and parked in the pay and display car park assuming it was a normal bay due no signage or ground markers for an electric bay.

We paid for our parking in full and I've just been notified by the hire company that there is a PCN issued by ParkingEye and the Hire company have also added £35 admin fees on top. I explained to them I paid for the parking and that the charge is not valid, they have said they will cancel admin fee if I can confirm charge is cancelled.

I have read some advice on here about contacting the PALS team. I have emailed them at rf-tr.cfhpals@nhs.net explaining the circumstances.

Awaiting results from PALS however judging from responses here they don't usually reply it seems, should I also appeal the PCN with ParkingEye or ignore PCN completely?

With these private PCNs, I usually ignore until court stage and have won a few thanks to the marvelous advice here and in other cases charges reduced at court. Just wondering if anything has changed and if an appeal to ParkingEye at this stage will be good.

Gr1pr

Whose name is currently on the NTK PCN letter, plus study hire or lease company advice at the bottom of the first post in the newbies sticky thread in announcements near the top of the too

PartyPops

https://forums.moneysavingexpert.com/discussion/comment/81861881#Comment_81861881

Its under my name as the hire company have provided my details as the hirer at the time and PCN has been forwarded to me.

Gr1pr

The pcn may have been forwarded by the hire company, but it wont have your name on it !

Any NTH pcn with your own name on it will come directly from Parking Eye , in the post, to you, as hirer

So i am going to disregard your last reply as inaccurate , so please check and give the correct information below

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81861918#Comment_81861918

No - we are asking: Have you had a NTH in your own name yet?

You must wait for that to arrive first, then use the Edna Basher appeal wording for company, lease or hire cars. Bottom of the first post in the NEWBIES thread.

You can't lose at POPLA as long as you DON'T imply who was driving.

PartyPops

https://forums.moneysavingexpert.com/discussion/comment/81862088#Comment_81862088

https://forums.moneysavingexpert.com/discussion/comment/81861926#Comment_81861926

Thanks, I have now received the notice below but unfortunately it has come through late in the post.

Gr1pr

Nothing unfortunate about it. !

I assume that this one has your own name and your address on the top left hand side. ?

Nothing on there regarding POFA 2012, and presumably no copy of the hire company agreement either ?

So a coupon mad stated earlier, use the Edna Basher appeal, as hirer

PartyPops

https://forums.moneysavingexpert.com/discussion/comment/81881314#Comment_81881314

Yep, that is under my name.

Great stuff, I have found the appeal and this one specifically may be of use

New Generation Parking Management - 'On Yellow Lines' - Page 2 — MoneySavingExpert Forum

My question is now, is it too soon to send this appeal then? It has only been 2 weeks since I've received the letter from the PPC and this appeal suggests they should have sent me some docs (hire agreement, statements signed etc. within 21/49days? Wouldn't I be reminding them of the process if I send it now and they can simply reply back with the relevant docs making it legit?

Regards

Gr1pr

Use the Edna Basher hirer template as seen in the bottom of the first post in the newbies sticky thread in announcements, regarding Pofa2012 failures so I was thinking of the shorter one in blue, first link, not the 2nd link, suitably adapted of course

Appeal just before the appeal deadline expires

PartyPops

https://forums.moneysavingexpert.com/discussion/comment/81881343#Comment_81881343

Yes, I've seen that one it refers to the letter as "Notice to hirer".

Question though, this letter I received (above images) isn't stated as a "notice to hirer"? It just says penalty charge notice? Should I still be referring to it as the "notice to hirer" below?

PSB drafted response using that post

Dear Sir,

Parking Charge Notice [#####]: Vehicle Registration [####]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parkingeye Ltd (“Parkingeye”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Parkingeye's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Gr1pr

Its still a Notice to Hirer

You definitely do not have Penalty Charge ( it doesn't say that at all. )

Parking Eye dont issue Penalty Notices

Change your appeal details to the correct claimant