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  • FIRST POST
    • tootsicat
    • By tootsicat 24th Jan 18, 2:01 PM
    • 17Posts
    • 13Thanks
    tootsicat
    Paid for a ticket BUT got a charge-PARKING EYE
    • #1
    • 24th Jan 18, 2:01 PM
    Paid for a ticket BUT got a charge-PARKING EYE 24th Jan 18 at 2:01 PM
    I purchased a ticket on Parking Eye land before Christmas- and returned well within time limit. Had a letter saying I owed 60, with photo capture and that was that. However, I'd paid for a ticket and indeed still had it. The issue being that the registration number bears no resemblance to mine-not something I checked with two babies in prams, trying to get to a pantomime! It's a random series of letter and numbers so as far as I'm concerned-a fault with their machine. I appealed to them, stating this and screenshotting the ticket, but their reply was that they'd reduce the charge to 20 'as a gesture of goodwill' which I've chosen to not pay! Now had my popla details from them and again-given option to pay 20 for another 14 days. Should I appeal? Email states that the charge will go to 100 if unsuccessful. Should also say I've written a letter with some legalise in it about them not being a 'proper body' so unlwaful to charge and that clearly I'd fulfilled my end of the bargain, but not had a response to that yet...HELP!
Page 2
    • Redx
    • By Redx 8th May 18, 8:30 PM
    • 18,096 Posts
    • 22,880 Thanks
    Redx
    there is no "fine" , never was , all there is was a pcn , an INVOICE

    FINE (noun) a certain amount of money exacted as a penalty
    private parking companies cannot legally issue a fine or a penalty

    the costs will be the invoice plus court fees etc , typically around 175 or less , depending on the judge

    pm soolin or crabman and ask them to merge this thread with your previous thread from january

    until Sir Greg Knights bill becomes law, nothing will change
    Last edited by Redx; 08-05-2018 at 8:50 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • tootsicat
    • By tootsicat 8th May 18, 8:33 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Sorry-I appreciate the help and was advised to come here by Resolver, but I'm not an expert so hadn't realised I needed to merge my threads. I'm just a busy working Mum looking for some tips from anyone who was kind enough to give any Happy to do all the other leg work myself. It was Britannia Adelphi land in Liverpool, who I tried to contact, but the email was ignored and the phone lines go through to a central reservations team, so that was a dead end too.
    • Redx
    • By Redx 8th May 18, 8:38 PM
    • 18,096 Posts
    • 22,880 Thanks
    Redx
    that Adelphi has a lot to answer for

    as for your threads, its one thread per case so as this was about your previous topic a few months ago, you should have found that one and added to it, bouncing it back to the top of the list, as you havent, then a board guide is needed to merge the 2 into 1

    Resolver wont help in these matters, coming here and listening to the regulars will help matters, with the best free advice you can get

    we agree with you that we dont like the way these people operate, neither do the MP,s , watch the video of them talking about it on 02 feb 2018 in the House Of Commons, everyone slagged them off , including their trade bodies and debt collectors

    we now await Sir Greg Knight`s BILL being finalised and given royal assent

    ps: Coupon Mad is also a hard working busy mum with more kids and she gives everything she can give to advise people who come here, including keeping that NEWBIES FAQ sticky thread up to date

    pps:- do you still have the ticket that was paid for on the day ?

    because read this https://www.moneysavingexpert.com/team-blog/2017/05/throwing-pay-display-ticket-away-use-cost-100/
    Last edited by Redx; 08-05-2018 at 8:41 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • soolin
    • By soolin 8th May 18, 8:47 PM
    • 60,306 Posts
    • 42,965 Thanks
    soolin
    Merged as requested.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • tootsicat
    • By tootsicat 8th May 18, 8:57 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Thanks again Soolin.

    And yes, I still have the ticket, which I sent a picture of as proof to POPLA and P.Eye. So that article is very interesting!
    • Redx
    • By Redx 8th May 18, 9:15 PM
    • 18,096 Posts
    • 22,880 Thanks
    Redx
    in that case you have a very good argument to put before a judge , the same as the popla appeal, but popla wont rule on it whereas a judge will, hopefully in your favour , if it gets that far

    de minimis , look it up

    frustration of contract - look it up
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 8th May 18, 9:22 PM
    • 57,327 Posts
    • 70,926 Thanks
    Coupon-mad
    Have you got a Letter before Claim from ParkingEye? If yes, then reply robustly by email to their enforcement team.

    Your MP is deluded if they think you should 'pay then appeal'. Nonono.

    I would send a SAR (Google it) to ParkingEye right now, along these lines:

    info@parkingeye.co.uk


    Subject access request

    Parking Charge Notice No: xxxxxx/xxxxxx

    As the registered keeper of the car (registration xxx xxx), I require you to supply the information about my car that I am entitled to under the Data Protection Act 1998 relating to:

    1. Your list of all times the car was captured on the material date, by any camera within the site, and all those images of the car, and

    2. Your PDT machine records from that day. You may redact partial VRNs for data protection but I require a list that shows all payments made within a 4 hour period either side, including all times of all successful and aborted payment attempts, and all/any attempts made to key in data resembling our correct VRN.

    3. Your PDT machine maintenance records relating to the machine that produced our ticket, for a month either side of the material date and any other records, such as emails or internal notes or worksheets to/from engineers regarding any failures or work undertaken on this machine.

    If you need any more information from me, or a fee, please let me know as soon as possible. Take note that, if you say you will require a fee, I will simply re-submit my request after GDPR makes SARs free, on/after 25th May.

    When replying, I require your comments to explain on behalf of your company, why ParkingEye currently operates in breach of the BPA Code if Practice and the ICO Code of Practice for ANPR/surveillance camera data use?

    ParkingEye failed to inform me of my rights to a SAR; I had to find this out for myself, which is wholly unacceptable and a misleading omission of material information about my rights. Given the nature of my appeal where I proved that payment was made and your machine clearly failed to record the VRN input, it is inexcusable to continue in every reply to me, to withhold information about my right to a SAR, especially since ParkingEye are the largest BPA operator, boasting Capita ownership.

    Such firms are expected - and have a duty - to fully comply with ICO Code of Practice for ANPR/surveillance camera use, and indeed this is also a requirement of the BPA Code of Practice.

    You have omitted the requirement for a privacy notice and have failed to undertake regular data use assessments to ensure that ANPR use alongside a separate system expecting consumers to key in their VRN at this location, is proportionate and meets the test of fairness and the first principle of data protection.

    Clearly an ANPR system which processes data alongside a PDT system which also processes data, both of which are technology which is prone to failure, fails to meet the test of fairness and proportionality, especially when ParkingEye refuse to admit that the gobbledegook produced on your PDT ticket was caused by the machine, which it undoubtedly was.

    Your systems have failed us, and your company have breached the first data protection principle.

    I warn you of the above because I intend to report ParkingEye to the ICO for your various breaches of the ANPR guidelines, once you have provided a reply to this SAR.

    If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner's Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

    Yours faithfully

    your name
    Last edited by Coupon-mad; 08-05-2018 at 9:25 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • tootsicat
    • By tootsicat 8th May 18, 9:52 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Coupon Mad, thanks so much for this. It's a Final notice letter as I've not paid them after the POPLA judgement ruled in their favour. Is that the same thing?
    • Coupon-mad
    • By Coupon-mad 8th May 18, 9:56 PM
    • 57,327 Posts
    • 70,926 Thanks
    Coupon-mad
    It's the letter before a LBC. No worries, do the SAR email now, tonight.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • KeithP
    • By KeithP 8th May 18, 10:05 PM
    • 7,143 Posts
    • 6,599 Thanks
    KeithP
    It's a Final notice letter as I've not paid them after the POPLA judgement ruled in their favour.
    Originally posted by tootsicat
    Prepare yourself to receive a 'This really is a Final notice letter' followed by a 'this really really is a final notice letter' and maybe even a 'final, final, final Notice' before actually getting a LBC.

    These all come from debt collectors and post #4 of the NEWBIES FAQ sticky thread explains how to deal with them.
    .
    • tootsicat
    • By tootsicat 8th May 18, 10:05 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Thanks-I'm on it right now. You're a star
    • tootsicat
    • By tootsicat 8th May 18, 10:26 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Done and sent! Do they normally respond to those emails with the info?
    • Coupon-mad
    • By Coupon-mad 8th May 18, 10:27 PM
    • 57,327 Posts
    • 70,926 Thanks
    Coupon-mad
    Companies have to respond to a SAR within 40 days, probably sooner.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • tootsicat
    • By tootsicat 8th May 18, 10:42 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Thankyou. And as per the newbies post 4, I'm assuming if I get debt collector letters in the meantime that I just ignore them...Just been having an in depth read!
    • KeithP
    • By KeithP 8th May 18, 11:08 PM
    • 7,143 Posts
    • 6,599 Thanks
    KeithP
    Thankyou. And as per the newbies post 4, I'm assuming if I get debt collector letters in the meantime that I just ignore them...Just been having an in depth read!
    Originally posted by tootsicat
    No need to make that assumption.
    Post #4 of the NEWBIES thread is quite clear.

    It rather defeats the purpose of the NEWBIES thread if people ask that if what they have read there should be believed, doesn't it?
    .
    • tootsicat
    • By tootsicat 8th May 18, 11:28 PM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Keith-there was no question mark at the end of my statement. I!!!8217;m eternally grateful for the help given here,but lord some of the comments are mean. Thanks for your help though !!!55357;!!!56853;
    • tootsicat
    • By tootsicat 17th May 18, 9:50 AM
    • 17 Posts
    • 13 Thanks
    tootsicat
    Hi Coupon Mad thanks so much for your help with this. ParkingEye have replied saying I need to hand write a letter, enclose a signed copy of my passport or driving licence and a cheque for 10 before they will respond. Should I wait until after 25th May when the rules change?
    • Castle
    • By Castle 17th May 18, 10:02 AM
    • 1,698 Posts
    • 2,294 Thanks
    Castle
    Hi Coupon Mad thanks so much for your help with this. ParkingEye have replied saying I need to hand write a letter, enclose a signed copy of my passport or driving licence and a cheque for 10 before they will respond. Should I wait until after 25th May when the rules change?
    Originally posted by tootsicat
    Yes.. wait until 25th May and don't send passport/licence details; a copy of your original NTK is sufficient to prove your ID.
    • twhitehousescat
    • By twhitehousescat 17th May 18, 10:02 AM
    • 1,262 Posts
    • 1,713 Thanks
    twhitehousescat
    Hi Coupon Mad thanks so much for your help with this. ParkingEye have replied saying I need to hand write a letter, enclose a signed copy of my passport or driving licence and a cheque for 10 before they will respond. Should I wait until after 25th May when the rules change?
    Originally posted by tootsicat
    interesting , perhaps if you had stated you were the "keeper" as opposed to the driver , then asked for a SAR

    many people do not have driving licences

    many people do not have passports

    CM , I hope this is not a sign of the PPCs new tactics regarding SARs in a few weeks time
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Loadsofchildren123
    • By Loadsofchildren123 17th May 18, 10:15 AM
    • 2,058 Posts
    • 3,447 Thanks
    Loadsofchildren123
    this will turn on whether a judge believes there was a machine error, on the balance of probabilities.


    It helps that the number was completely random, so you can confirm you didn't mistakenly enter the reg of your other family car, for instance. PE are litigious so you have to be prepared to defend it all the way.
    Last edited by Loadsofchildren123; 18-05-2018 at 9:30 AM.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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