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Parking Eye Fee payed and no overstay, Prince Regent Swimming Complex
Jonnie
post Thu, 2 Dec 2021 - 10:23
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Good afternoon,

I have read few quite a few Parking Eye posts but none of them cover this particular situation. So I wanted to get some advice from here before writing a first appeal letter as always any help is much appreciated.

A letter from Parking Eye (PE) came through to the keeper of a car that was allegedly parked without without satisfying the parking criteria. At the carpark there are signs that highlight that a driver using the facility needs to enter the car registration, pay £1 and stay no longer than 2 hours.

The registration was entered, the fee of £1 was paid (there is proof an a bank statement of the transaction) and the car was parked for 1 hour and 5 mins as you can see on the front of the PE letter.

Parking Eye Letter Front

Parking Eye letter Rear

Carpark Sign

Sign in facility


The staff at the facility have been asked about it but they say that they don't have anyway of dealing with the ticket as it is a different company.

A message has been written to their HQ via their Facebook messenger account regarding cancelling the ticket so we will see if that is at all fruitful.

As there is no mention of the actual contravention on the PE letter it leaves only the option of appeal if you want to understand what the problem was if any!

My appeal will outline that the PE rules as set out on the signage were complied with in good faith I.E. The vehicle was parked within the parking space, The Reg was entered at reception, The fee of £1 paid and the stay was within the 2 hour time period and I would like them to cancel the PCN.

If there is any other things I should mention please let me know.

Thanks again.

Jonnie

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post Thu, 2 Dec 2021 - 10:23
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nosferatu1001
post Thu, 2 Dec 2021 - 10:31
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So was the VRM entered correctly? That's the usual reason why these issues crop up

If so, you aver the VRM was entered correctly, the fee paid aAND the vehicle left well within the allowed two hours, and as such your data was accessed withiut reasonable cause.
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Jonnie
post Thu, 2 Dec 2021 - 12:30
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Well that is indeed the most likely issue due to the fact that the fee was paid and the 2 hour slot was adhered to which effectively eliminates those.

It seems that as an incorrect VRM is not highlighted in the PE letter that recipients either pay up without full knowledge of why the parking fine has occurred or appeal.

If the VRM was entered incorrectly, which could be the case but is refuted, is there any common sense rulings at POPLA as I think if it were incorrect then it will be very close to the correct VRM and therefore obvious that the car that had been payed for was that one. Anyway I digress. My concern is that PE are trying it on like they have been seen to do previously.

I also feel as I have not been told why I have been issues the ticket that an appeal is required to understand this, I would of thought that POPLA wouldn't find this particularly helpful as if the reason was outlined they wouldn't have to deal with what must be quite a few appeals that are generated by this omission.

So if all the details were correct is accessing my details without reasonable cause a grounds for cancellation? I suppose it is a data breach too?

This post has been edited by Jonnie: Thu, 2 Dec 2021 - 12:32
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Jlc
post Thu, 2 Dec 2021 - 13:16
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The Code of Practice has specific allowances for 'data keying errors' - see section 17.

But they may not have tried too hard to match the vrm with the entry...



--------------------
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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Dave65
post Thu, 2 Dec 2021 - 22:56
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Indeed ask PE the exact reason why this PPN was issued.
Ask them if a vehicle with a VRN close to the keepers VRN has had a fee paid for it, yet there is no record of it entering the car park.
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Jonnie
post Fri, 3 Dec 2021 - 09:44
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Thanks for that Jlc, It would appear that there is a pretty good chance that if the reg was incorrectly entered it would very likely fit the description in section 17.4 of a minor keying in error. I will put this into the appeal letter.

Thanks Dave that is a good idea I will ask this too.

I better get on with drafting an appeal!
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Jonnie
post Fri, 3 Dec 2021 - 11:29
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Here is the first appeal letter. It contains some waffle but hopefully justified, Not great at brevity!

Should there be attached evidence of the payment on a bank statement at this stage?

Is there anything else that should be added?

I have tried to remain anonymous but how do you sign off?

To whom it may concern,

I am writing in regard to Parking Charge Notice (PCN) Reference number 065574/014965.

As I am aware that the vehicle was parked in the Prince Regent Swimming Complex car park whilst the facility was being used. The rules as set out on the carpark signage and in the reception were followed I.E. The Vehicle Registration Number (VRN) was entered into the terminal at reception, a fee of £1 paid for the 2-hour parking time and the vehicle did not over stay the 2 hours permitted.

Please can you tell me the exact reason that the PCN has been issued?

Have you a record of a vehicle with a VRN close to the keepers VRN that has had a fee paid for it but no record of it entering the carpark?

As there is no indication on the PCN of what the reason for issue is there seems no way to make an informed choice to either pay or appeal the decision to issue the PCN. On that basis, please treat this correspondence as the first appeal.

I would like to point out that if it were to be the case of a VRN keying in issue at the terminal in the reception of the facility then Section 17 of the BPA Approved Operator Scheme, of which you are a member has relevant clauses and maybe relied on.

I look forward to your answers to my questions and hope that you see fit to cancel this PCN as the rules were adhered to in good faith whilst the facility was used. There is agreement with the need to have parking restrictions and rules in places like The Prince Regent Swimming Complex otherwise it’s a free for all to the detriment of patrons. However due to the fact that the vehicle was parked in the carpark whilst the facility was attended it seems that the carpark was used for the specific reason that the facility intends.

Please see fit to cancel this PCN

Your faithfully


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Jonnie
post Tue, 7 Dec 2021 - 20:24
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Hey All should I use my name on the appeal I see some advice on other PPC issues are to remain anonymous?
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DWMB2
post Tue, 7 Dec 2021 - 20:30
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Given that your name is on the notice to keeper to which you are replying, I'm not sure what is to be gained from not including your name. They already have it after all.


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Jonnie
post Thu, 9 Dec 2021 - 10:10
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@DWMB2 True.

Good news I think! I have received this statement from the facebook messenger message that I wrote to the HQ of the company that run the facility who's carpark it is, Freedom leisure, this morning.

"Hi, We have spoken to the centre and they have cancelled the ticket. Sorry for the inconvenience. FL"

Surely I need something more in case PE continue to chase me? What do people do in this instance?
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Jonnie
post Thu, 9 Dec 2021 - 10:51
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OK so showing as cancelled on the PE site.

Thanks for everyone's help it really is appreciated.


PE Cancellation
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DWMB2
post Thu, 9 Dec 2021 - 11:02
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Good result, always easier than having to jump through the hoops of appeals etc.!


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