Free Traffic Legal Advice

A PCN has been received in the mail by the registered keeper, despite the driver having an active account with Evology and having used that same parking area successfully just a few weeks previously. No payment was taken, and the PCN was sent a couple of weeks after the parking event, and received one week after the listed Date Issued.

No other notifications were sent in the app or by email to the App account holder to inform that payment had failed to be collected or other such notification/warning/guidance.

I can follow up with relevant documents/images, etc. if needed. But first, I wanted to ask if it is best to submit an appeal through ParkingEye first, or just not bother? Given that I think these are just automatically rejected at this point anyway, and in submitting the appeal, one has to identify oneself as the driver...

Here is the PCN sent in the post to the Keeper.



I do not have an photo of the carpark signage, but I can get one tomorrow if needed. The signage encourages the use of the Evology app.

Editing to add screenshot of a WhatsApp message sent to the official Evology WhatsApp account on Wednesday last week, 13 May.



Automatic reply at the time:

"Thank you for your message. We will pass this on to our to our customer service team. Please note you may not receive an instant response, but we will respond as soon as we can."

No response received 5 days on.

I did a quick search before posting, and I have just scanned again. The other Evology cases don't appear to be the same as mine.

It will good to know if this one can realistically be avoided?

The last day to pay at the lower fee is the day after tomorrow, so if the forum thinks I have no hope, then I'd rather pay the lower fee of course. If you think it's worth holding out, though, I will do so. That's my intention.

I haven't yet appealed. Should I appeal through ParkingEye first? I fully expect that to be rejected, but then I can escalate my appeal to BPA, presumably?

Rear:




It seems that the phrase

"If you appeal to POPLA... the charge value will increase" should not be allowed as extortive?

Yes. Same place, same car, same app, same account, a month or two prior. And all of the signage around the carpark and at the entrance to the hospital explicitly promotes use of the app to autopay for parking.