Free Traffic Legal Advice

did 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)

What 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.

As 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!)

Parkingeye 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.

Your 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.

I 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 

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.

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!

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