Have I missed anything at my current stage?

aled247

Received a parking charge notice a couple of weeks ago as the registered keeper for a Tesla vehicle which drove into a hotel car park with a 24hr publicly accessible 8-10 bay Tesla supercharger to charge.

The driver never left the vehicle, only to plug in for approximately 20 minutes before continuing their journey. The allegation and justification for the parking charge is that the driver did not go into the hotel to put the VRN into a tablet?

Contacted the hotel as the registered keeper who explained I must go through Parking Eye and they refuse to get involved.

Appealed to ParkingEye through their portal as the registered keeper, using the template provided on the parking newbies page asking for evidence.

Have today received a parking charge notice reminder which is identical to the previous parking charge notice on the front but the paragraphs on back a little different.

At the same time, today I have received an email with a response to my appeal which you can read below:

We are writing to advise you that your recent appeal has been referred for further
information.
You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park, but you have not indicated who was.
You have already been notified that under section 9(2)(b) of schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking
charge in full. As we do not know the driver’s name or current postal address, if you were
not the driver at the time, you should tell us the full name and the current postal address
of the driver and pass this notice to them, or alternatively, you as the Registered Keeper,
are invited to pay the Parking Charge.
You are warned that if, after 29 days from the Date of Issue, the parking charge has not
been paid in full and we do not know both the name and current address of the driver, we
have the right to recover any unpaid part of the parking charge from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you
do not provide the full name and current postal address of the driver, Parkingeye will be
obliged to deal with the representations made in your name.

Parkingeye have placed this charge on hold for 28 days to enable you to provide the
evidence requested. If this information is not provided within 28 days, the appeal may well
be rejected and a POPLA code provided.

Question - They have ignored every question asked as part of my appeal and instead their response appears to be that they will continue to try and get the drivers name and details instead of dealing with me and stated if I do not give them the drivers details they will just reject my appeal requesting further evidence?

Do I now ignore this request as I have already appealed asking for further information and evidence which they haven't yet provided?

Jame4ters

Ignore their attempts to get the Driver’s details. You don’t have to provide them

Coupon-mad

This is normal for ParkingEye (nothing new or different) and clearly isn't their final response.

Just wait, and try escalating the hotel complaint in the meantime. They can cancel PCNs with one email.

Can you go in person (this time put in your reg) and get photos of:

• the VRM screen/tablet's positioning (not a close-up) to show the lack of signs or arrows to draw attention to it inside premises
• the entrance sign
• All signs beside the charging bay.

Show us those images.

James_Poisson

One can only assume that as you didn't pay their claimed charge or go into the hotel to register the vehicle there were no signs telling you you had to in the vicinity? Parking Eye of course will claim that there were multiple signs all over the place that you ignored.

aled247

Thanks for everyone's input so far. The only thing I have noted in their response is that on the first line it says

You have stated that you were not the driver of the vehicle at the date and time of the
breach of the terms and conditions of the car park, but you have not indicated who was.

I haven't stated that at all, I have stated there will be no admissions as to who was driving and no assumptions can be drawn.

Therefore would the advice be to simply correct them on this and ask them to proceed with my appeal request where I asked them to provide further evidence as the registered keeper or wait for further communication from them?

Regarding the signage question all I can state is if there were clear signs, I am certain the driver would have followed it and gone to put the VRN on a tablet inside the hotel, which again still sounds like a completely wild 'extra step' to have to do if driving into a Tesla Supercharger station with 8+ chargers to charge a Tesla for 20 minutes.

I am going to try and go down to the hotel at some point to view the signage for myself, however it is about a 2 hours drive each way from me and for what it is worth, looking on Google Maps this isn't some kind of city center hotel, this is a hotel in the middle of absolutely nowhere with nothing but fields and a small road with some houses, nothing walkable nearby, hardly a car park that they need to actively manage abusers for……

James_Poisson

Ignore them they are fishing, though it the NTK is in order it won't make a difference anyway.

aled247

Just a quick message to thank everyone for their support and assistance through this and calming my nerves.

Pleased to say the hotel have confirmed that the ticket and all charges have been cancelled. It took me sending a letter in the post to the operations manager of the hotel but then received an email today confirming cancellation.

Thanks again, its not the first time you amazing people on this parking forum have helped me.

If anyone needs/wants any more details please reach out.

James_Poisson

Excellent, plan A works again!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82148325#Comment_82148325

Well done!

Could you post a link to this thread in Successful Complaints About PPCs and a summary of which PPC you beat, which hotel and where, and who to contact?