Free Traffic Legal Advice

Hi everyone and thank you all so much for your help, particularly to @b789 and @DWMB2

The latest update:

I took a call from Chase Farm Hospital, PALS this morning to tell me that the PCN in question has now been cancelled.

Whether this was due to my initial email to PALS or whether it was due to the intervention of the Director of Operations at Chase Farm (I couldn't reach the CEO of the trust as  both emails I used for him bounced).

In any event a result for logical argument and a win on principle although the time spent was ridiculous. (I think this is a lot of what both private parking companies as well as councils rely on in beating us down, and I've had a few cases of friends I've tried to help in the past just roll over and pay the reduced charge).

Now, although the first point of my email (verbatim from @b789, thank you.)

1. Intervene to cancel the unjust and incorrectly issued PCN: Given the clear evidence of compliance and ParkingEye Ltd's system error.

has been addressed, the second and third points (b789 again) to:

2. Review and amend the contract with ParkingEye Ltd: Ensure it aligns with NHS guidelines, particularly regarding the prevention of practices that incentivise unfair charges.

3. Ensure accountability and compliance: Monitor the actions of ParkingEye Ltd to prevent future occurrences and protect patients, visitors, and staff from unfair practices.

have not, so far as I have heard.

My final question to the forum is, should I push for a response from the director of Operations regarding the last two points, or put it all behind me and move on?

Might they see me as a troublemaker if I need to call on them again?

I'd be interested in your opinions.

Thanks guys.

Thank you b789

As the email for Pete Landstom bounced, while I find the correct one for him, would it be fortuitous to send the email you drafted to Rachel Anticoni, the director of operations from whom I did receive a read receipt?

Hi Parkingchase et al

Let me clear up a few point that was originally my fault for causing confusion.

It was originally thought that the payment machine on that day was unable to print receipts.

Proof of payment was however available as a contactless payment was made by phone.

When the keeper went to appeal the ticket a receipt for the transaction was found and this was uploaded to the PE website as proof that payment had indeed been made for that VRN.

It was not until the appeal was rejected that, thinking that it was an open and shut case the receipt was checked again and it was noticed that a digit was missing from the printed VRM. EITHER The driver had inadvertently missed out a digit OR, MORE LIKELY the input of the J was not registered by the machine. It seems unlikely that the driver entered the wrong VRM.

Clearly what HC Andersen has outlined above is true. The function and algorithm of the payment machine should be:

1. To notify the user that the entered data is OR is NOT recognised; or IF recognised
2. To determine and indicate a payment due as at the time of the transaction;
3. On payment of the indicated sum to produce a receipt if the user indicates that they require one;
4. To abort the transaction IF The input of the VRM is not recognised as a VRM that is on site and if this is the case to inform the user that "VRM not recognised, please check your Registration Number.

Clearly this is not how the algorithm has been set up and therefore the payment machine requested payment for one hour's parking for a VRM that does not exist OR was never on site. It then accepted and printed a receipt for payment with the same non-existent VRM.

When the appeal was rejected, PE said that they can see that a payment was made but that it was INSUFFICIENT for the period parked.

They did NOT mention that Payment was made for a different VRM as they themselves did not notice that there was a missing digit to the VRM that the ANPR captured.

BTW the payment that should have been requested for the period parked was £3.20 as it was up to 2 hours. Even if the driver had noticed this, there is NO OPTION to alter the payment and why would they?

Do you think that I, as the registered keeper should now just make the appeal to POPLA within the statutory time frame by repeating what I have said above while still waiting for PALS to get the ticket cancelled or should I re-email PALS with this first and add that the trust's contracted operator is using a payment system not fit for purpose?

Is what I have said above, originally outlined by by H C Andersen, sufficient for an appeal to POPLA or should it be framed in different wording or "legalese" and/or anything added?

Thank you all for your input.

Why can I no longer modify one of my posts to redact personal details, please.

Hi again

No, this is an open air hospital car park that has no barriers either in or out.

In the meantime I have contacted PALS with the following:

Hello Taurean

It was a pleasure speaking with you on the phone this morning.

I have previously spoken to someone at PALS about cancelling the charge by Parking Eye as the driver paid for parking according to what was requested on the machine.

I was told to appeal and let them know if the appeal was rejected. It was rejected. PE say that they can see that payment was made but they say it was insufficient for the period parked. The driver can only pay what was requested by the machine and it is not possible to manually alter this. The PPCN Ref No is ******/****** and the Registration Number is *******
. Please could PALS investigate this as quickly as possible as Parking Eye is saying that we have until Wednesday 3rd to pay the discounted charge "as a gesture of goodwill".
This seems grossly unfair as they accept that payment was made but that it was insufficient. My point is that there is no option to pay an amount other that what is displayed on the machine.  Someone involved was there as a patient at the hospital. Thank you for your help in this matter.
I am attaching a copy the PPCN as well as one of the rejection letter and a screen shot of the proof of payment.as requested.
I hope you can get Parking Eye to cancel this charge as it is causing us a great deal of stress on top of the original medical issue.

Thank you for your help in this matter.

All the best

Because it took several attempts for this email to reach PALS, PE's "gesture of goodwill" to hold the discount for 14 days expires today. and when I explained this to PALS it was suggested that I appeal to POPLA anyway so that I don't lose the discount.

I have attached the non-redacted versions of the original PPCN, the NOR and a screenshot of the contactless payment, but not the receipt withe the missing digit.

Is it not the case that once a POPLA appeal is made you lose the discount anyway and the charge reverts to the full amount if the appeal is lost?

What advice would you guys give me. I was hoping not to have to go through the POPLA appeal process.

Thanks again.

Thank you




I've pmd you.

Let's try this for the pdfs:
http://www.skphotography.co.uk/HD/Pepipoo/ParkingEyeChaseFarmPCNRedacted.pdf
http://www.skphotography.co.uk/HD/Pepipoo/Receipt_ChaseFarm.pdf