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ParkingEye PCN - Entered wrong registration details when parking
pepipoousername
post Fri, 24 Jun 2022 - 13:24
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Hi,

Hopefully someone may be able to help out, I have tried searching but not managed to find an answer!

I have just received a PCN from ParkingEye. It was from last week when I took my child to a toddler session in the village hall - I do this every week and you need to register your car registration at reception to avoid a fine. This time however I was driving my partners car, and entered the reg of my own car without thinking.

Do I have a case here?

Thanks in advance.
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post Fri, 24 Jun 2022 - 13:24
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Redx
post Fri, 24 Jun 2022 - 14:44
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QUOTE (pepipoousername @ Fri, 24 Jun 2022 - 14:24) *
Hi,

Hopefully someone may be able to help out, I have tried searching but not managed to find an answer!

I have just received a PCN from ParkingEye. It was from last week when I took my child to a toddler session in the village hall - I do this every week and you need to register your car registration at reception to avoid a fine. This time however I was driving my partners car, and entered the reg of my own car without thinking.

Do I have a case here?

Thanks in advance.

Difficult to be sure seeing as you haven't linked redacted pictures of the PCN, both sides , plus no pictures of the signage

The BPA CoP version 8 has a section covering keying errors with a £20 option , I doubt that you have downloaded it and read it

Do the above tasks , then maybe we can discuss your options , but ideally you need the landowner to cancel it ASAP , so complain
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hcandersen
post Fri, 24 Jun 2022 - 20:45
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Keying in a registration number is purely a procedural aid to the company managing the car park, IMO it does not establish liability if the primary conditions related to parking in the area have been met e.g. customer, patron, time limit, situation within the car park etc.

As you're there regularly pl get photos of the signage.

Also, pl clarify this:

I have just received a PCN from ParkingEye. It was from last week ...therefore it came by post, is addressed to the registered keeper and purports to be a Notice to Keeper.., however,

I was driving my partners car,


So, you're the registered keeper of both cars, yes?
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ostell
post Sat, 25 Jun 2022 - 00:42
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So plan A is to get the location to cancel the PCN

Plan B is to tell PE that you entered your partners VRM by mistake and therefore would they please cancel (they won't but they should offer the £20 option)
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pepipoousername
post Sat, 25 Jun 2022 - 06:55
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Thanks all for the replies.

To answer some of the questions and give a bit more detail:

- the date of the event was 14/06 and the letter issued 21/06
- the photos of the car/reg are very clear
- the signage at the car park is clear and obvious (I can take a picture next time I am there, it's not visible on Google street view)
- I am not the registered keeper of this car, my partner is - the letter was addressed to him
- the person I need to speak to at the village hall is in on Monday so I will call to speak to her then

I have just read the Keying Errors section of the BPA CoP version 8 that RedX mentioned, and it looks clear this falls under the 'major keying errors' section.

If the phone call to the village hall manager on Monday doesn't work, I guess I should appeal to Parking Eye quoting the major keying error section of BPA CoP version 8?

If they don't offer the £20 fee, as ostell says they won't, is that the point I should appeal to POPLA?

Thanks again for all your help!

Edit - just to be clarify, obviously it would have to be my partner making the appeals etc. as it is in his name, I'm just trying to sort this out as feel bad for getting the ticket!

This post has been edited by pepipoousername: Sat, 25 Jun 2022 - 06:57
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Redx
post Sat, 25 Jun 2022 - 08:10
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QUOTE (pepipoousername @ Sat, 25 Jun 2022 - 07:55) *
Thanks all for the replies.

To answer some of the questions and give a bit more detail:

- the date of the event was 14/06 and the letter issued 21/06
- the photos of the car/reg are very clear
- the signage at the car park is clear and obvious (I can take a picture next time I am there, it's not visible on Google street view)
- I am not the registered keeper of this car, my partner is - the letter was addressed to him
- the person I need to speak to at the village hall is in on Monday so I will call to speak to her then

I have just read the Keying Errors section of the BPA CoP version 8 that RedX mentioned, and it looks clear this falls under the 'major keying errors' section.

If the phone call to the village hall manager on Monday doesn't work, I guess I should appeal to Parking Eye quoting the major keying error section of BPA CoP version 8?

If they don't offer the £20 fee, as ostell says they won't, is that the point I should appeal to POPLA?

Thanks again for all your help!

Edit - just to be clarify, obviously it would have to be my partner making the appeals etc. as it is in his name, I'm just trying to sort this out as feel bad for getting the ticket!


The PCN is in your partners name , so they do the appeal to Parking Eye, as the legal entity named on the NTK PCN , not you !

Ostell is telling you that PE won't cancel the PCN but SHOULD offer your partner the £20 option

After that comes popla

After that it's civil court within 6 years, if the matter isn't settled
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mickR
post Sat, 25 Jun 2022 - 09:40
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are we assuming this particular PCN is actually POFA compliant?
the RK definitely wasn't the driver.
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DWMB2
post Sat, 25 Jun 2022 - 09:53
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QUOTE (mickR @ Sat, 25 Jun 2022 - 10:40) *
are we assuming this particular PCN is actually POFA compliant?

Given the dates and the company I'd be surprised if it wasn't, but never wise to assume. Pepipoousername let's see the notice that was received.


--------------------
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pepipoousername
post Sat, 25 Jun 2022 - 11:20
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Thanks - hopefully this works below! Let me know if I've covered up any info you actually need to see


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Redx
post Sat, 25 Jun 2022 - 12:43
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Can't see all the dates or contravention, but that notice contains the Pofa warnings on the back so I must assume that it's Pofa compliant, meaning that the keeper is possibly liable at the moment

A previous reply says 14th and 21st, so within the 14 days for Pofa

This post has been edited by Redx: Sat, 25 Jun 2022 - 12:44
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hcandersen
post Sat, 25 Jun 2022 - 19:53
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the signage at the car park is clear and obvious


Jolly good. I look forward to seeing the photos.

PoFA compliance requires conformity with 9 specific requirements, not just the small print on the back.

Pl post the complete notice less any personal details.
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pepipoousername
post Sat, 25 Jun 2022 - 20:54
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Hi hcandersen - thanks for the reply.

I will try to get a photo of the sign on Monday.

You asked to post the complete notice - is that something other than what I posted previously, or do you mean you can’t read the previous photos clearly? I did try to follow the instructions on the forum but appreciate they haven’t posted very clearly.
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ostell
post Sun, 26 Jun 2022 - 08:13
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hcandersen - the full PCN was posted.
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pepipoousername
post Wed, 29 Jun 2022 - 19:11
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Hi, sorry for the delay getting a photo of the sign:



Regarding the appeal, do you think it is best to go down the route that the registered keeper definitely wasn’t the driver (I don’t know if that makes a difference?) or just ask for the reduction to
£20 due to the keying error?

Thank you
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Glacier2
post Wed, 29 Jun 2022 - 19:27
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Parking eye are POFA compliant so they can hold you liable as keeper.

£20 is the best way out with PE.
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pepipoousername
post Thu, 30 Jun 2022 - 13:38
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Thank you Glacier2.

Final question - appealing to PE / waiting for a responce etc. may well take me past the current 14 day reduction to £60; if they reject the £20 appeal, am I then stuck with the full £100 charge or does the £60 reduction get extended?
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Redx
post Thu, 30 Jun 2022 - 13:54
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It should be extended , but they have no real alternative to offering the £20 , because the BPA CoP says so
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hcandersen
post Thu, 30 Jun 2022 - 17:28
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IMO, there would be no way that the landowner has given permission to PE to charge patrons. If they knew this was happening, they would be aghast.

And as for the sign being clear:

'...must enter the full ....to be entitled to free parking for the duration of their stay.'

'duration of their stay'. Really? I don't think so. Duration of their patronage, yes. Otherwise, turn up, register, attend for 1 hour, then go shopping for the rest of the day.

IMO, the overriding obligation was fulfilled i.e. patronage.

OP, don't overthink this.

There was a vehicle parked where according to PE's records it was not entitled, the only record being VRMs, not a list a class attendees.

Ergo PCN to keeper.

They don't know the background or the specifics.

In any challenge, explain and provide proof of your patronage at the time. Refer to the VRM which they would have on their records and apologise, but add that as your are a regular patron you feel that there is no justification for a charge of £100.
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pepipoousername
post Thu, 21 Jul 2022 - 12:25
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Hi,

Just a quick update on this one as I received a reply from ParkingEye today after the appeal for the reduction to £20. As follows:


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.

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.

Alternatively, payment can be made by telephoning our offices on 0330 555 4444 or by
visiting www.parkingeye.co.uk or by posting a cheque or postal order to ParkingEye Ltd,
PO Box 117, Blyth, NE24 9EJ.
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Redx
post Thu, 21 Jul 2022 - 13:13
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If they complied with Pofa, then why hide driver details ? No point really

So if PE complied with Pofa, give them what they want and give driver details , name and address
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