Wife entered my VRN instead of hers at machine, How to dispute |
Wife entered my VRN instead of hers at machine, How to dispute |
Wed, 23 Sep 2020 - 18:35
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#1
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
Ok, so I just received a parking eye pcn for my car parked at Stevenage swimming Center last Wednesday.
Basically, she forgot she was in my car, and entered her VRN in the kiosk at the front desk of the swimming Center, as she does every week and gets free parking as a member. We obviously have no proof of entering the number in, as it’s just a POS touch screen. How do I go about appealing? Do I appeal on her behalf? Or does she appeal as if I’ve passed the ticket to her? What are my best words to appeal, and can I ask that they check their records for the VRN actually entered? Thanks guys. |
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Wed, 23 Sep 2020 - 18:35
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Wed, 23 Sep 2020 - 18:36
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Read 17.4 here.
Does the reverse of the PCN mention 'Protection of Freedoms Act'? What has the Swimming Centre said? (They may have the ability to cancel it) This post has been edited by Jlc: Wed, 23 Sep 2020 - 18:38 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 23 Sep 2020 - 20:37
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#3
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
Read 17.4 here. Does the reverse of the PCN mention 'Protection of Freedoms Act'? What has the Swimming Centre said? (They may have the ability to cancel it) Yes, it mentions protection of freedoms act on the reverse. So I guess that means I have to notify them it was my other Half rather than log in a appeal straight away? She’s going to try ringing the swimming Center tomorrow, as there was no one there at the desk this evening. |
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Wed, 23 Sep 2020 - 20:44
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#4
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
No, you don't have to tell them who was driving. But they will have the right to recover the charge from you.
Telling them the 'wrong' VRM was entered should see them offer £20 to settle it. The centre may be able to cancel it # try there first. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Tue, 6 Oct 2020 - 11:22
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#5
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
Ok, so I have not had any joy getting in touch with any human being at the swimming Center.
I appealed, stating that my wife was driving and entered the incorrect VRN. Parking eye have now replied with a request for further information - IE the driver: Dear Sir / Madam, Thank you for your correspondence in relation to the Parking Charge incurred on 16 September 2020 at 21:06, at Stevenage Swimming Centre car park. 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. 06 October 2020 ParkingEye Ltd, PO Box 117, Blyth, NE24 9EJ If this charge has been paid and you choose to provide further evidence relating to your appeal, please forward this to us for consideration. Yours faithfully, ParkingEye Team ParkingEye Limited, 40 Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in England, Registration No. 5134454 |
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Tue, 6 Oct 2020 - 11:30
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#6
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You were told not to identify who was driving!
That letter incorrectly quotes POFA 9 (2) (f) about keeper liability, does the original? They should be handling this under 17.4 of their code of Practise by offering a charge of £20 This post has been edited by ostell: Tue, 6 Oct 2020 - 11:35 |
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Tue, 6 Oct 2020 - 11:34
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#7
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
You were told not to identify who was driving! To be fair, he wasn't, he was told he didn't have to. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 7 Oct 2020 - 17:39
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#8
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
How else would I appeal and tell them my wife, who is a member of the swimming club, entered “HER” number plate instead of MINE?
And to be fair, no one told me what to write in the appeal, so don’t be too harsh on me. What do I do now? Guess I just tell them she was driving and then do the same appeal all over again? And more to the fact their letter says that “I have not indicated who was” the driver, but I’m sure my response actually named my wife’s name... ? Why have they even written this? |
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Wed, 7 Oct 2020 - 17:40
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#9
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
It's PE with PoFA paragraph - I wouldn't get stressed about it.
But their reply doesn't seem to say they have the full driver details anyway? Templated response, the irony... Write back stating the above guidance I posted. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 7 Oct 2020 - 17:54
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#10
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
Hi, cheers for your help, sorry for being stressed.
Here’s the appeal I sent to them. My wife, Xxxxx xxxxxxxx, was the driver of my car at the time of this charge. She is a member of the Stevenage swimming club masters team, therefore is eligible for free parking during her sessions. She frequents the swimming Center each and every week, albeit normally in her own car. As she normally does not drive my car, out of habit, she entered her OWN vehicle registration at the entrance to the swimming Center, rather than mine, which I would imagine she does not know off by heart. Her registration number is XXX XXX and I am sure if you check the validation system, this number would have been entered, and subsequently this vehicle would not have been captured on camera. I would kindly ask that consideration be given due to this mistake. Incidentally, she has been attempting to contact the swimming Center in order to resolve this without need for appeal, but it seems that there has been no one available in order to talk to about this. Kind regards, XXXXX XXXXXXXX So, should I just appeal again, and simply state “a wrong VRM was entered, please handle this according to Your guidance and reduce this fine to £20” ? |
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Wed, 7 Oct 2020 - 18:11
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#11
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
To name the driver you have to give their actual name and serviceable address to dispose of keeper liability. You can see why they've responded in the way they have.
But, yes - remind them of the guidance. I don't see why the driver has to do this... This post has been edited by Jlc: Wed, 7 Oct 2020 - 18:12 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 7 Oct 2020 - 18:41
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#12
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
Are there many husbands and wives that have different addresses? Lol.
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Wed, 7 Oct 2020 - 18:43
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#13
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Are there many husbands and wives that have different addresses? Lol. Possibly but they tend to have names -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 7 Oct 2020 - 18:45
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#14
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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