Misleading Parking Eye Signs leading to a PCN

jhluxton

On Sunday April 19th I parked at the St Anthony Gardens Car Park on Penzance Promenade opposite the swimming pool.

It is operated by Parking Eye though I have subsequently ascertained via a local FB group that it is actually owned by the Jubilee Swimming Pool across the road.

I went over to the ticket machine ready to pay. I looked at the information board and saw in the bottom right corner words to the effect that this was a pay on exit car park.

Another sign in larger lettering stated Pay on Exit.

Now I interpreted that as being pay when you leave.Thus when I went to leave the car park I went to the machine at 15:53, put in my registration number, and it showed £2.50 which I though was a bit odd as I expected it to show the charge of £3.50 as I had been there for an hour and a half.

However, the machine showed a deparure time of 16:53 as it would if it were a standard pay and display ticket with one hour on it.

Anyway I paid the £2.50 and departed, I still have the ticket - but interesting enough the ticket shows 16:53 as PURCHASE TIME which it can't be as I left at 15:57. This is the time on the PCN.

IPenalty Charge Notice arrived from Parking Eye £100 discounted to £60 if paid in 14 days stating I had been in the car park for 1 hour 26 minutes. Which is correct.

In my book a "Pay on Exit Car Park" is one where one pays on leaving and I have used a camera controlled pay on exit car parks before.

One enters the registration and it informs you how long you have been parked and how much to pay.

Now I have a feeling that the notice displayed is misleading as it can have two meanings. The obvious one pay when you exit - i.e. drive out - but they don't make it at all clear that they mean when you walk out of the car park which really makes it a PAY AND DISPLAY car park NOT a Pay on Exit Car Park.

Why does it not state clearly PAY AND DISPLAY - there is no double meaning and everyone understand pay and display.I am really feeling annoyed about this. Signs attached

Gr1pr

I agree with your interpretation of pay on exit and what it says on the signs backs up that interpretation

I suspect that the machine was faulty, or the time was set incorrectly, especially if it was around the time when clocks changed from GMT to BST, causing the underpayment, so you acted in good faith and no breach occurred

PE do not issue Penalty Notices, they issue a private PCN, an NTK PCN invoice by post

You should appeal as keeper with proof of the signs, proof of payment and state that the machine was faulty or the time was incorrect address that no breach occurred because you paid the sum asked for in full

Coupon-mad

they don't make it at all clear that they mean when you walk out of the car park

It doesn't mean that.

It DOES mean 'pay when you exit by car' but the machine isn't set to recognise when you first entered, it just defaults to 1 hour then there's a button or arrow to increase the hours.

Lots of people at ParkingEye car parks have reported this same issue. Complain to the landowners. Otherwise ignore.

jhluxton

https://forums.moneysavingexpert.com/discussion/comment/81976879#Comment_81976879

Thanks - I can't say I have used many if any car parks run by Parking Eye. I have emailed the owners with images and comments and await their response as well as appealing to Parking Eye informing them they are being misleading at best.

Coupon-mad

No paying it at any stage.

LOL… how exactly does ANPR work for detecting this?!

"Overnight camping is prohibited."

jhluxton

I chased this matter up with the Jubilee Pool and received the following from the chief operating officer. In my book it indicate they are using what could be termed a kludge to operate a pay on exit system in other words a pay and display machine! Surely this is not ethical nor right? The text of the email is below. I am currently considering my response.

Thank you for your email.

As you note, Parkingeye,  https://www.parkingeye.co.uk/  are indeed contracted to deliver the parking services in St Anthonys.

Our advice is that in the first instance we would recommend that you have avail yourself of their appeals process  https://www.parkingeye.co.uk/motorist/appeal/  It’s difficult for us to get involved as we have a legally binding contract with them, as they ensure we are statutorily compliant.

If you feel that they have treated you unfairly then I would suggest that you investigate the independent route  https://www.popla.co.uk/

Yes, there are some ANPR systems that link the cameras to the payment machines, which then tell you how long you owe for, but ours is not one of those systems. The cameras capture your entry and exit and cross reference this against fees paid, with the onus on the customer to note when they arrived, when they are leaving and then to pay the relevant amount. We are currently investigating upgrading our meter, but do not yet have a firm direction of travel on this particular matter.

Best regards

(Redacted)

Coupon-mad

Reply and say:

Shocking that people are expected to remember their arrival time and input it in a machine that is counterintuitive and doesn't actually ask that question clearly, or at all. Please go outside and test it.

The machine presents drivers with a price. Drivers are legally entitled to rely on that price.

Your company cannot be heard to say "they ensure we are compliant"! That's letting the tail wag the dog. They are only your agents. As the principal in your agreement with them, you remain jointly and severally liable for this breach under the Consumer Rights Act 2015.

There is no independent appeal. Even POPLA is industry provided & funded. Any appeal is hopeless and I will end up defending litigation. Who in your company will attend court to explain yourselves?

ParkingEye are known to provide clients with a User Manual and a direct cancellation email. Perhaps you've put it in a drawer and overlooked it?

Kindly read the manual, discover and invoke your right to cancel for genuine patrons and email your agents accordingly.

jhluxton

https://forums.moneysavingexpert.com/discussion/comment/81979949#Comment_81979949

I am currently considering my response to this but would be looking to point out that until they do install the appropriate equipment the car park should operate on a pay and display basis, that the signage should be changed from Pay on Exit and that owners of the land should not be abrogating their responsibilities because of contractual obligations to Parking Eye.

I will indicate in my response I had already started the appeals process but failing a satisfactory outcome I will feel it necessary to elevate the story to both local and national media outlets – I was thinking Cornishman Newspaper and BBC Watchdog.

Coupon-mad

Good stuff!