Show Posts - hazzoura

Quote from: ixxy on 02 Feb, 2025 12:43did you provide them with an image of your vehicle to compare to the image they sent you?I didn't think I needed to as both previous PCNs were cancelled based on the evidence I provided. Granted PE's images were in the dark and the colour was not clear but you can clearly see the badge is not the same make as the one they have stated on their PCN. I did also provide a PDF of the previous PCN taken in full colour showing their car and telling them my car is a different colour (also verifiable for free on the DVLA website)Quote from: ixxy on 02 Feb, 2025 12:43What is it you are trying to achieve here? I have now achieved the desired outcome of cancelling but after a long drawn out process (helpfully aided by kind and legally competent forum members) but this was completely unnecessary if the PE appeals process were fit for purpose. I suppose I don't just want to let it go and for PE to be able to get away with carrying on getting away with this...especially with people who may be more vulnerable and wouldn't know how to go about fighting back. I'd love to help in forcing them to have to change their appeals practices for the better.Quote from: ixxy on 02 Feb, 2025 12:43As I understand it you can only claim for losses incurred as a result of Parkingeye's behaviour?  I understand from b789 that there is a precedent for claiming for distress and inconvenience caused? (which indeed there has been!)Quote from: ixxy on 02 Feb, 2025 12:43Parkingeye accessed your details in accordance with the KADOE agreement with the DVLA so no breach there (they could reasonably argue they didn't know the make and model at the time of the request to the DVLA, I'm not even sure the DVLA provides that information along with the keeper details). It's often not possible to even see the vehicle make & colour in ANPR images as they can be black and white or if at night all you get is the plate in the image, everything else is black. I don't think there is any requirement in the COP to confirm make and model match the plate, worth checking though as I could be wrong. The badge is certainly visible if you look for it but I do accept that it might not have been be obvious when sending out the initial PCN, but I don't think they have any excuse for not being able to identify this when looking at the evidence provided in my appeal. However, the most damning thing is that their rejection of my appeal made no mention of any of the points I raised. If they had come back with You have not provided sufficient evidence that this is not your car so please do this via POPLA, then that may have been more acceptable. They just said something along the lines of Our signage and terms and conditions are made clear so we are not cancelling the charge without any reference to my appeal at all. Quote from: ixxy on 02 Feb, 2025 12:43Your claim and motivation could be construed as frivolous and that might bite you if you do pursue it.  I did understand that nothing is guaranteed as this is a free advice forum. If biting me means that I might lose my £50 court fee then I can stomach that if it makes things difficult for PE, and might make things better for those who aren't able to risk that amount of money without hardship. If it could mean I'm landed with £100s or worse, worth of PE's legal fees if they win then I'm not comfortable enough to be able to lose that amount, and may have to rethink. I didn't come here wanting to get money out of them necessarily (that would be a nice bonus now I've heard its a possibility, but I think I would end up giving any extra to charity) I wanted the best agencies to complain to that could get them into trouble and put pressure on them to be more above board.Quote from: ixxy on 02 Feb, 2025 12:43I think the only one who you are making things painful for here is you.  You're probably right! Leaving it now would be the easiest option.I just feel annoyed letting it go rather than trying to make an example of PE...especially with the time spent by b789 helping with my letters to them. I will certainly be sending the second letter before claim provided by b789 and complaining to the ICO, DVLA and BPA. Also happy to go to court if it's just my £50 on the line 

Had a response from Parkingeye today...Thank you for your correspondence received in relation to the above referenced Parking Charge. We have been passed this as we note you have raised a data query.We can confirm that upon consideration of your correspondence and a review of the circumstances raised the Parking Charge has now been cancelled without undue delay and there is no outstanding payment due.It is Parkingeye’s position that we had reasonable cause to request the Registered Keeper’s details from the DVLA following a breach of the terms and conditions of parking in operation on site at the time of the parking event. Unfortunately, a Parking Charge can be erroneously issued due to a number of factors outside of Parkingeye’s control, such as weather conditions, marking, tailgating by other motorists or high sided vehicles blocking the camera’s view, for example. We have implemented control measures prior to a Parking Charge being issued to mitigate instances like this so far as is reasonably practicable and we run a dedicated internal appeals team which is designed to identify where a genuine query is raised and subsequently enable us to deal with the Parking Charge accordingly.We are therefore grateful for you bringing this matter to our attention and on this basis the Parking Charge has now been cancelled and there is no outstanding amount due from yourself.We note that you have requested that your personal data be removed from our system, however as you have also advised that you may issue a claim against Parkingeye we are unable to complete this request at this time, as we require this information in order to defend any claim issued.We would thefore be grateful if you could advise if you intend to issue a claim and we can act accordingly.Claiming they had reasonable reason to request keepers details but no mention that their 'dedicated internal appeals team' did not identify that a genuine query was raised and continued to pursue me with a rejection/POPLA code with no reference to the contents of my appeal to them. Would be most grateful for your further advice on how to respond.

Thank you, I posted on 14th, so 14 days plus 2 will be 30th. I will certainly wait for this, if not a bit longer to give them reasonable time to respond. There was no server bounce back, but no automated response either, that's why I thought I'll cover myself by posting as well. I'll give it a bit longer and then be back in touch.

UPDATE:Haven't had any correspondence at all back from Parkingeye after the 14 days stipulated in my complaint (I didn't feel like offering 21 out of goodwill as they don't offer any!)It's been over the 14 days for the letter sent by email (info@parkingeye bounced back, saying they only accept emails from within the organisation but I found enforcement@parkingeye recommended on a dedicated Facebook page and that one has not bounced back)I sent a postal copy as well with proof of posting but that was delayed with the snowy weekend, so I only got out to post that on 14th - so 14 days will be 28th. I have logged into my appeal on their website again though and it has the balance showing as £0.00....so they must have received it and cancelled the charge? They haven't written anything to me to let me know though.  I would be grateful if you could let me know the next advised steps. I thought it best to wait until 28th before sending anything further, in case they claim they haven't received the email. Thanks in advance!

Thank you! I have sent the letter by email today and will update you here about any response or let you know if I don't hear anything within 14 days.Hope you have a great weekend!

Quote from: DWMB2 on 09 Jan, 2025 10:47Quote from: b789 on 09 Jan, 2025 10:45You state that you want to make it as financially painful for PE as possible. This is the only way that you are going to do so.Indeed. If you want an easy life - POPLA appeal then get on with your life. If your goal is being a pain in PE's side, the other option.Quote from: b789 on 09 Jan, 2025 10:45If you are not prepared to take the advice offered, please let me know so that I don't waste any more of my own time on this.Thanks both! Yes I am very happy to go through court with your help and legal advice along the way! If it can all be done on paper with your assistance and you think there are good precedents to make winning likely.I was just anxious as some of the replies didn't think it would be a strong enough case because it was from 3 different companies rather than repeated PCNs from Parkingeye, but all the info you have provided is very encouraging and I certainly don't want to let them off the hook when there is an option to expose them. I will get the 'Letter of Complaint' you've provided sent to Parkingeye by recorded delivery. Can I please just clarify, Letter of Complaint is sent first and then Letter before County Court Proceedings' is a further letter, if they don't comply with the first letter?Thanks again, I will keep you updated.

Also forgot to add that it was the Carpark of a major supermarket so I also plan to complain to their CEO, if that’s a good idea?

Thanks again all. For those wanting more info...  Here is my appeal to PE (not very well written as rushing through it before Christmas and didn't think it would be an issue as it had been fine with all the other companies - I was more annoyed with the car at the time). I am the registered keeper of the car with the registration number **********, but the car in your images is not my car. My car was at my place of work in Manchester on this date and time.As you have stated on the PCN my car is a *MAKE* this car is a *DIFFERENT MAKE* It can also be seen on the DVLA website that my car is *COLOUR*. It is not clear from your images but I have had another recent parking charge for the same car (which I successfully appealed and had cancelled - proof attached) and it appears to be the same *COLOUR MAKE*I have another parking charge for the same car two years ago, which was again duly cancelled.I first thought that it may be an innocent mistake and this cars registration was ******* with the F accidentally obscured. I am now concerned that this is a deliberate fraud and will be notifying the police and the DVLA.Please cancel this parking charge immediately and notify me in writing.. I've uploaded the image of their response. It's just generic and referring to signage being clear so it's obvious they haven't assessed it properly.  The first PCN was April 2023 from company Initial Parking (cancelled upon appeal)The second PCN was Sep 2024 from company Civil Enforcement (cancelled upon appeal)I don't think I have either of the above saved but they were similar to the PE appeal (except I wasn't so annoyed and mentioned Police etc) I did go ahead with this and have a crime reference number.  Please let me know if you need any more information. I would also be grateful if you could let me know whether it's best to get the POPLA appeal out of the way, to protect myself, or if it will build a better case against Parkingeye if I just complain to them and then they continue to harass me. I would like to kick up a fuss and get PE into trouble with the various agencies as they clearly haven't read the appeal and are a very unscrupulous company from what I've heard. Not keen on spending time and money going to court though if the GDPR case would require good legal nouse, which I don't have, and their legal team would run rings round me in court. But happy to try if you think there is a good chance of them ruling in my favour. It has genuinely been distressing and taken time and energy (and still is!) when I'm already busy and stressed!Thanks again for helping with this! [ Guests cannot view attachments ]

Thanks so much for this. I think you also replied on the MSE forum. I will definitely be giving this a try!

I have an issue where I keep getting parking charges for the same car that isn't mine. ANPR keeps mistaking an F for a P. Not sure whether it's deliberate or they just have a screw obscuring accidentally (both front and back though?) Completely different make and colour of car!I've successfully appealed the first two charges really easily and the parking companies cancelled straight away when I appealed through their website. I got fed up when I received a 3rd one and have ended up reporting to the Police.However, just got the response from Parking Eye who clearly haven't even read my appeal and sent me some generic response about parking signs being really clear etc and directing me to POPLA. I'm confident POPLA will uphold my appeal but really annoyed about having to spend more of my time on this rubbish and jump through hoops because Parking Eye appeals process is not fit for purpose. Is there any way to make this as painful as possible for Parking Eye? Who else can I complain to that they clearly didn't even read my appeal? I understand they are a horrible company in general.