Parking Eye PCN - Lido 1 Margate Appeal failure

[mafooy]

Hi.

 

I have read through some posts and believe i need to respond to the questions, below.

Apologies for not replying in Red but the formatting will not allow me.

 

Very poorly lit

Only machine visible not working

 

PE do not provide any reason for failure of appeal.

 

Many thanks in advance and hope someone can help...

it will be Greatly appreciated. Matt

 

1 Date of the infringement - 23 September 2017 at 21:20:49

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] – 05/10/2017

 

3 Date received – 10/10/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [N]

 

5 Is there any photographic evidence of the event? - Yes

 

6 Have you appealed? {Y] Ticket machine was not functioning and had a message on the screen that confirmed it.

Have you had a response? [Y] Please see end of post

 

7 Who is the parking company? – Parking Eye

 

8. Where exactly [carpark name and town] - Lido 1 Margate

 

For either option, does it say which appeals body they operate under. - NO but they are BPA members

 

Reply to appeal dated 26/10/2017

 

Thank you for your correspondence in relation to the Parking Charge incurred on 23 September 2017 at 21:20, at Lido (1) car park.

 

We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure.

Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available on the day in question.

 

Please be advised:

 

There is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator.

Contact information and further information can be found enclosed.

See also .popla.co.uk

 

As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence.

If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, you will be liable to pay the full amount.

 

 

If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and you will be liable to pay this increase.

 

By law we are also required to inform you that Ombudsman Services .ombudsman-services.org/ provides an alternative dispute resolution service that would be competent to deal with your appeal.

However, we have not chosen to participate in their alternative dispute resolution service.

As such should you wish to appeal then you must do so to POPLA, as explained above.

[silverfox1961]

Hi and welcome to CAG

 

I assume you haven't appealed to POPLA as yet. If not, please do so. Parking Lie never allow appeals as it would hit them in the pocket.

 

You may have grounds with the timing. Bit of a grey area but the incident was 21/09 and you received the letter 10/10 and the letter dated has taken 14 days to be printed so you could never have gotten it within the 14 day period stipulated in the regulations.

 

When you appeal to the BPA (POPLA) you could cite those grounds but I would go back to the site and get pictures of the signs, especially in the dark to show how they could be missed. There may be a few other grounds for appeal but get started on your evidence now.

[ericsbrother]

do you still have the envelope? if it was sent second class then they would have been timed out to create keeper liability and appealing would have then damaged your chances of success later on. In future, if you get a NTK or screen ticket from any parking co come here first for advice for what to do as timings are critical in these matters and you are better off remaining silent in the early days for most of the time.

 

However, this is a simple case of what is known as "performance". In your case neither side can keep their side of the bargain so no contract is completed.

 

so what did you say in your appeal. Exact words please.

Edited November 2, 2017 by honeybee13
Paras.