Parking Eye ANPR PCN company car lent to boyfriend - St.Marks car park,Wrexham

[Billy's mate]

Good evening all.

With your help I've defeated 3 parking charge notices,

I now need your help once again.

 

My daughter has a company car which she lent to my son while she was on holiday.

He is insured and fully entitled to use this vehicle.

He is very careful over parking tickets as he has been the victim of a wrongfully issued ticket in the past.

 

on the 28th of April he left the car in the St.Marks car park in Wrexham.

This is controlled by ANPR cameras.

 

On his return to the car park, he entered the registration number of the car and the machine said 50p owed..

This was paid with a debit card so it's on his bank statement.

 

Parking Eye are now saying that he has paid an insufficient fee and have refused the appeal ( unsurprisingly ).

They have enclosed a POPLA code,

so this will be the next port of call as we are still within the timeframes.

Your thoughts so far would be appreciated.

Thanks.

[honeybee13]

Hi.

 

As you're an old hand at this, I expect you know that we need you please to copy and paste the forum sticky with answers to the questions so the guys can start to advise you.

 

HB

[Billy's mate]

Thank you Honeybee. Since my last visit, the layout of the forum has changed so I hope I've got this right....

 

 

1 Date of the infringement - 28 April 2019

 

2 Date on the NTK [after getting here name from here company] [this must have been received within 14 days from the 'offence' date]........12 June 2019..

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]....... .... No

 

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

 

6 Have you appealed? [Y/N?] post up your appeal]

Have you had a response? [Y/N?] post it up..........Appeal made by my daughter to Parking Eye, not sure by what medium ( Phone, email etc ). 

 

7 Who is the parking company?.......Parking Eye

 

8. Where exactly [carpark name and town]........St.Marks car park,  Wrexham.

 

For either option, does it say which appeals body they operate under..........POPLA  /. BPA

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

 

appeal refused.pdf

[dx100uk]

shame she appealed I would have thought by now you'd know not to do that

shot herself in the foot now by identifying the driver.?

 

[lookinforinfo]

The daughter was not driving. But check if she contacted them by email and get her to block any further emails from PE.

As they have not used POFA they cannot pursue your daughter so just ensure that PE do not get your son's name and address and PE are stuffed.

 

[ericsbrother]

question for you, as you are not new to all of this why on earth did you take part in their bent appeals process?

 

daughter now needs to ask when co received the demand and why they gave her name as driver when no company liability existed in the first place and they have breached the GDPR by their assumptions?

 

we will need to know what she said in her appeal and also  see images of the sigange and payment meter so we can understand what they are claiming is a breach of contract.

 

Knowing the exact time the vehicle was there will also be vital in this as there is a 10 minute grace priond that allows the driver to park up, read signs and then when leaving return to vehicle and queue to get onto the public highway so it may be that he paid the correct amount but their camera system is  has measured entry and exit and not the time parked, which is the bit you pay for.

[Billy's mate]

Thank you for your response Eric's Brother.

 

I have been out of the country and was told about this on my return.

It is not clear yet whether the Company have paid this PCN.

They have a flawed policy of paying these and asking questions later, even deducting the money from the employees wages if they don't get a response from the employee within a certain time limit.

 

They couldn't have got a response from my daughter as she too was away on holiday which is why she lent her car to my son.

I'm not sure this policy is legal ?.

 

I'm getting sketchy information in dribs and drabs.

My son was visiting Wrexham for a one off event so is unable to get pictures of the car park signage or the ticket machine.

 

I will get the image supplied by Parking Eye and post it up on here.

Sorry for the incomplete information so far, but that's what I'm getting.

 

Kids eh ?...no sense of urgency.

[ericsbrother]

PE arent going to supply pictures of their signs and equipment and as employer has named daughter as driver then as far as law goes she is driver unless she wants to argue the car was taken without consent.

 

Proof of being abroad at the time might force PE to drop the matter but I doubt it so better off finding another flaw in their claim and that will be down to signage or lack of authority to enter into contracts.

 

So, get on to Wrexham council planning and find out if PE have planning permission for their cameras and signage

[Billy's mate]

Thanks again.

The issue without this one is that the driver had every intention of paying.

 

On returning to the vehicle he typed in the registration number into the machine and it said he owed 50p.

He duly paid with his card and left.

 

Now they're saying he underpaid.

He can only go by what's on the ticket machine.

 

Do you think it's best to go down the POPLA route and ask Parking Eye for the calibration certificate for thei ANPR camera system as dome thing is amiss here.

[dx100uk]

calibration certificate?

its not a speed gun...

[ericsbrother]

he has to appeal to PE first and then to POPLA.

I think he stands a good chance of winning because they will realise it will cost them more to fight it at POPLA and then court than they could ever hope to win.

they will have to prove that the machine didnt accept his payment and couldnt have otherwise it will be taken that for whatever reason the 50p was accepted as full settlement for the parking period.

seeing this machine in action would tell the world a damned sight more than just an explanation of acceptance of an offer forming a contract regardless of what signs or someone sitting behind a desk may say to the contrary so anyone reading this live in Wrexham and cna go and photograph the ticket machine?.

Edited June 28, 2019 by ericsbrother