Show Posts - pharmchick

Hi all, just wanted to give you a quick update: POPLA appeal has been succesful based on the point that the bay markings were not clear enough. Thank you all very much for the guidance and encouragement. You all rock! These Parkingeye b.....rds don't deserve a penny, please keep up the good work.

They HC, I was not there at that time (13:34). I arrived at 12 and left just before 1pm which is why I paid £1 for parking. The ticket machine (pay on exit) did not have paper for receipts but I paid by contactless card and the entry is clearly marked on my bank statement for that day in question. If I had stayed until 13:34 as they claim, my fee would have been £2 or so £1 is for stays up to 1 hour. The time is therefore wrong, or falsified at best. What are your thoughts? If I was to tell them to provide me with photographs that have exact time stamps they would not be able to provide this legitimately.

Thanks all! I will keep you all updated on the outcome for future learning for others.

So just to clarify, would the pcn need to have been issued the day after the event (and not on the event) at the earliest as d789 explained? They were only ever able to issue a notice to the keeper because they sent the pcn via post (so couldn’t be a notice to the driver). Please correct me if I am wrong

See attached; the letter was dated 23 April. Are you saying d789’s points are invalid? [ Guests cannot view attachments ]

Thanks a lot! I am writing the letter now as we speak. I will update as soon as I have received a response.

Understood now, thanks! Parkingeye do not seem to have an email address but I managed to find one via an online forum: enforcement@parkingeye.co.ukI will use this email and also send a recorded letter to Parkingeye (just in case the email isn't working) as well as copy the hospital too. Is there a mandatory timeframe for the company (Parkingeye/hospital) to respond to accusations of data breaches? I just read on the ICO the following: "Part 3 of the DPA 2018 introduces a duty on all organisations to report certain types of personal data breach to the Information Commissioner. You must do this within 72 hours of becoming aware of the breach, where feasible." I am wondering if this can be somehow used to force them to abandon ship...

wow, I am so impressed by your knowledge b789! So that basically means there is no way they issue date can be the same as the date of the event in cases where the notice was sent via post to the keeper - is that my correct understanding? In terms of GDPR, is the potential breach based on the fact that they are meant to only access your data on the day they issue the ticket (and not before) so in this case that cannot be the 28th of March as they claim? Sorry if I am asking silly question but I really want to understand the legal basis.Btw, my appeal rejection was received about a week ago, so I am still in time to submit a POPLA case but I wanted to hear from this group first as to what the next best course of action would be. I am not sure if I mentioned it before but even the timing of the event stated is false because my appointment was at 12:00 and we were done within less than an hour, therefore by 13:34 we were not on site anymore.

There was a massive potpole on the front right which you can see on the second picture, that was also a contributory factor in how I ended up parking.

The notice was sent out by post and I received it in the mail on the 7th of April. The date of event was indeed the 28th of March. It definitely was not issued on the day. Please explain how this would help in fighting these b@stards? I also attach the pcictures that they uploaded onto their portal as evidence. [ Guests cannot view attachments ]

I am so upset that I didn't know about this group earlier! I sadly have idetified myself as the driver i.e. the parent taking her children to the hospital. Is it a lost case? Here is the response from PALS: "As indicated I went back to our facilities team to ask about your parking charge.  They have investigated and have come back to me with the following reply:-Thank you for your email regarding the parking charge issued when you visited Lincoln hospital and for your explanation of the circumstances.The parking charge was issued, as you have admitted, for the vehicle being parked out of a bay, which unfortunately and in consequence, has the knock on effect of reducing the number of available spaces for other service users.The Trust has a limited number of spaces and parking out of a bay is classed as a contravention of the Trust’s parking regulations, details of which are clearly displayed on signage throughout the car parks. Parking Eye are contracted by the Trust to ensure its parking regulations are met.If a parking charge is issued and the motorist feels it has been issued incorrectly, the opportunity for appeal is with Parking Eye in the first instance. If the charge is upheld, but the motorist has evidence of mitigating circumstances, then a further appeal should be submitted to POPLA, where an independent decision will be made on the evidence provided. As such, the Trust is unable to intervene until your options for appeal have been exhausted.Please be assured that all parking spaces provided by the Trust, on its private land, are compliant with the British Parking Association’s regulations. However, your comments regarding provision of specific parent and child spaces are welcomed and as such an assessment of dedicated spaces in all its car parks will be conducted.As they have indicated you will need to appeal to POPLA if you have evidence of mitigating circumstances.I hope that this information helps and am sorry that we are unable to intervene" 

any update??? did your case progress to a hearing?

any update on this case??

Hi all! I took my young daughter to an out patient appointment to Lincoln County Hospital and we received a PCN saying we "did not park within a bay". The bay we parked in had faded lines on the left and a solid line to the right. My car is a 4x4 and hence bigger than a standard car, I also have 2 children who need enough space to come out of the car in order not to damage the next car when opening the door. One of my daughters has a medical condition in one of her foot meaning she can find it difficult to manoever her foot so she needs even more room to come out of the car. Moreover, I have a chronic back condition (osteoarthritis) meaning I myself need sufficient space to come out safely. I parked in good faith don't believe this is a fair parking charge. I appealed and complained to PALS and they said: "Thank you for the additional information – I have liaised with my colleagues in the facilities team who have confirmed that you would need to appeal due the car being parked outside the lines. I am sorry but we would be unable to help further." After pressurising them further, they wrote the following: "PALS are not able to support any parking fines- we are advised to ask the motorist to appeal. I would suggest waiting to hear from the appeals team first – as this may be cancelled. If you do wish to raise this further – although the information may be the same the complaints team email xxx. One discrepancy that I also noticed on the ticket is that it stated the event time as 13:34 meanwhile I was no longer at the hospital at that time because I paid for only 1 hour of parking (pay on exit) meaning I would have left at 1pm. Parkingeye have rejected my appeal without addressing any of my points (they just sent a generic response letter).I have gone back to the hospital and complained saying that they the fact they do not provide bigger bays for people with mobility issues or small children put this group at disadvantage by being more likely to receive fines - this is discriminatory. The hospital complaint team insist that I must now appeal with POPLA and though they admitted that they will conduct an assessment to see the impact of not having child and parent bays on patients, they are still unwilling to cancel the charge saying that by not having parked in a bay I deprived others from parking space. This is not true as from their pictures, only my right tyre was slightly out of the bay not the entire car and there was enough space for another car to park next to me.Shall I just give up and pay or is it worth fighting? [ Guests cannot view attachments ]