Payment Returned and then PCN (ParkingEye)

VinceClarkeisGod

I tried to pay for parking on an app (evology at Fantasy Island) but it timed out. I received a "payment sent to Evology" notification from my banking app so I assumed it was paid.

Get home and I've been sent a PCN from ParkingEye. Check the Evology Parking App and there's no record whatsoever. Check my banking app and the payment was returned about 18 mins later.

I've emailed Fantasy Island but they are refusing to help.

Should my initial appeal mention the above or just use a standard appeal template from the Newbies thread. (I found a thread with a similar issue to mine that was advised to use post 3 on the newbies thread but couldn't find post 3)

Thanks and apologies if I've missed something obvious!

Gr1pr

Clearly Parking Eye issued the pcn due to non payment, so just use the standard template appeal, because they aren't interested in why things failed at your end with the payment system

I would tell you to complain about it to the business, plan A, but you have already tried that aspect

VinceClarkeisGod

Thanks. I'll do that.

Assuming it's rejected can I come back for further advice when it goes to POPLA?

Gr1pr

You can do, assuming that you want to try POPLA , but POPLA won't rule on mitigating factors or anything, just legal points, so a fight in court is probably the better option, where a judge can decide

Popla is no longer useful unless you have a winning legal arguments

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82093901#Comment_82093901

Yes but I really would not bother with POPLA!

Their Assessors don't understand data use law or apply the Consumer Rights Act test of fairness.

Long term, you'll need PEye to issue a court claim to end this farce because POPLA won't assist. Clearly the merchant returned the payment (failed to collect it) so this wasn't that you didn't pay. A judge would see right through it.

You could also send a data concern to ParkingEye's DPO, telling them this is a data complaint and objection to Automated Decision-Making (ADM). The ADM caused this: the app or connected back office system automatically and unfairly failed to collect the payment made by app and returned the money uncollected, 18 minutes later and without notice or alert. Remind ParkingEye that they remain the data controller even when using an agent (app) and that the DUA Act 2025 grants consumers a right to object.

This is a formal objection about the ADM and if the PCN is not cancelled with an apology, the escalation will be complaints to the CMA and ICO, with your evidence of a lack of open dealing, unfairness and data failure, as well as calling into question ParkingEye's appeals and complaints handling.