Parkingeye PCN - Unable to actually purchase ticket

fnurgle

Hi everyone,

I've received an PCN from Parkingeye based on circumstances that feel unfair. I have had the appeal to Parkingeye rejected, so would like advice on whether to escalate this to a POPLA appeal. I'm happy to provide any additional info if needed.

It's for a car park in Felixstowe by the beach. The car park does not have a physical machine and only allows payment via app. However, there was weak mobile signal in the car park, so the driver couldn't download the app to actually pay for the parking. As such, they left after 11 minutes and parked somewhere else down the road.

I've since got a parking fine through saying parking wasn't paid for, with that car having been in the car park for 11 minutes (i.e., the time it took to walk around looking for a physical machine and to attempt to download the app). This feels extremely unfair, as the driver was unable to actually pay for the parking, and potentially a breach of contract law.

Additionally, confusingly, the PCN doesn't say which exact car park it is referring to. It refers to "Sea Road Felixstowe" - I think it is referring to Martello Park South (i.e., the first car park the driver attempted to park at).

A further confusion is that in their initial rejection letter, Parkingeye wrote "We have reviewed the details outlined in your appeal and can see that a payment to park was made on the date of the event. Unfortunately, the tariff purchased was insufficient and did not cover the entire duration of the stay." The initial PCN didn't make any reference to this, and it cannot have been relevant to Martello Park South - it might be referring to the second car park the driver went to.

OldBugger

So what they are saying is that you purchased a parking ticket that lasted less than 11 minutes?

Is that even possible?

fnurgle

https://forums.moneysavingexpert.com/discussion/comment/82128213#Comment_82128213

I suspect they're getting confused. After the driver was unable to buy parking at the first car park, they drove to an adjacent one and bought parking there. If Parkingeye manages both car parks, they might be mixing up which car park they are referring to

Coupon-mad

Nope they've copied & pasted an irrelevant paragraph. Do three things:

• complain to the site landowner, do some digging. Do that this month, first;
• send your evidence (PCN and story) to the CMA by email, telling them to please investigate ParkingEye next. Read the July news about the CMA and their parking industry consumer protection focus and read their Open Letter to the sector AND read the letter the CMA sent to the MHCLG Minister about brief non-parking stays from 5-11 minutes being an inadequate consideration period in circs like yours;
• consider a POPLA appeal in the first week in October. Not yet. No rush and POPLA ruins landowner cancellation chances. So do the first point immediately and POPLA last. You always have until day 33 (not day 28) to use a POPLA Code online.

You'll never have to pay it you know, so you are also safe to do nothing and let them play their doomed court claim game.

GrannyKate

If you go on line to search for Felixstowe car parks it tells you they are managed by APCOA. I put parkingeye into the search and it came back with a list of APCOA car parks. Very confusing.

fnurgle

https://forums.moneysavingexpert.com/discussion/comment/82128372#Comment_82128372

Yes, this is also unclear. I'm under the impression it's for the Martello South car park, as that's where the driver had the payment issue, but Google says it's an APCOA car park

GrannyKate

Yes a search for Sea Road car park only brings up the free council parking all along Sea Road. Plan A will be tricky as you can't identify where they are talking about.

fnurgle

https://forums.moneysavingexpert.com/discussion/comment/82128408#Comment_82128408

Surely they have to actually tell you which car park they're talking about? That also sounds quite fishy to say "we're fining you but we're not telling you where the fine is for"

Car1980

 The car park does not have a physical machine and only allows payment via app. However, there was weak mobile signal in the car park, so the driver couldn't download the app to actually pay for the parking. As such, they left after 11 minutes and parked somewhere else down the road.

Just be aware that corrupt Popla will find against you on the 11 minutes alone. I wouldn't bother.

Parking Eye used to be court hearing happy but in recent years they've just farmed them out to DCB Legal who make court claims but just discontinue. They still make the odd internal claim, but even they are discontinued nowadays.

Coupon-mad

Have you done what I said? CMA complaint. You can add that the PCN doesn't even give you the material information of where this car park is but you can see it's saying you were inly there 11 minutes, so no contract was agreed or possible.

I assume you've read the CMA letters now and feel emboldened?

fnurgle

https://forums.moneysavingexpert.com/discussion/comment/82128650#Comment_82128650

Sorry about the delay in replying - was on a family holiday. The challenge is that I can't even figure out what car park exactly they are referring to. The PCN states "Sea Road, Felixstowe". But I can't actually find a ParkingEye managed car park with this name on Google Maps, so it's very difficult to even say who the owner is to complain to the site landowner.

I have made a CMA complaint, but they say they don't manage individual cases.