Author Topic: I was fined £60 by parkingeye for parking in pharmacy car park - disabled user  (Read 136 times)

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I attended my usual pharmacy as I have done many times before and I parked in a disabled spot with my disabled badge on display. I forgot to put my registration into the terminal which is to the left hand side of the main counter where they serve you. I was a legitimate customer and have photo evidence I collected my medication on the date I was issued the PCN.

I was at the pharmacy for maybe 15 mins. Hard to remember exactly as it was issued on 13th November last year. I challenged it and my appeal was rejected. I escalated to POPLA who upheld the PCN. Now I am liable to pay the £100 fine instead of £60 or whatever it was before.

I have attended the pharmacy so many times as a customer collecting my medication, never put my car registration in, nor do I see anyone else doing it. It seems they’ve picked on this one instance to fine me. Despite in my POPLA appeal raising that I’m a disabled user with a disabled badge, who attends the pharmacy regularly and can prove it (and I parked in a disabled spot) they are pursuing me for the fine nonetheless.

I asked the land owner (the gp medical practice next door to the pharmacy who owns the land) if they could instruct ParkingEye to cancel the PCN as they are within the power to do so. I obviously explained all the background to it. The gp practice manager said no we don’t do that, and we’re not getting involved.

Do I have any recourse to legally challenge this any further or pay the £100 fine?

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It is NOT a fine - it is nothing more than a speculative invoice.

The surgery does have the power to cancel the charge and they are already 'involved' because they contracted the operator.

Go back and see them again would be our first step advice.
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The GP practice may or may not have the power to cancel the invoice, depends on whether it is them that contracted the PPC and what is in the contract regards cancellations.

As for legal recourse, nothing you can do at the moment, the ball is in their court. You will now get lots of letters from a debt collection agency probably followed by a letter of claim which may or may not end up in a court case. If it gets that far come back for more advice as "I'm a regular customer but forgot to register despite knowing the rules" isn't a great defence.

Bottom line is you failed to follow the terms for parking which gave them a reason to issue a PCN, your mistake has cost them money, sending out the PCN, follow up letters and dealing with your 2 appeals isn't free and they want their money. Your disabled badge status isn't relevant in this case unless you can show they haven't made reasonable adjustments to allow you to comply with the car park terms, e.g. the terminal is inaccessible to a wheelchair user.

I empathize with you.

I have learned from here the following plan of action:
1. Without revealing identity of driver to the Private PCN issuer, try to get it cancelled via the establishment you were a customer of, this option is long past for you at this stage.
2. If #1 is not working, post the NtK (Notice to Keeper) picture here and wait for advise. In majority of cases, this notice isn't PoFA compliant (Google or search posts here for details) which means if they don't know driver they can't have keeper liabile. So the advise is to refuse sharing driver identity, challenge as a keeper only and force them to cancel PCN.
3. If most cases, they still cancel the appeal made as per #2 (as they don't even read appeals and only care about ££) but they will give you POPLA code. So in that case get a draft from here and without driver identity you very likely succeed at POPLA.

In your case #3 is also already past.

Now if your feeling you are in the right you have no option but to wait as you can't appeal or challenge this at this stage.

After 28 days have past you will start getting intermittent letters from DCBL or similar company for £170 payment. These would sound scary and will try to threaten you to pay. They have no power, don't waste your time on them and don't engage with them as they are only interested in your money and nothing else.

Eventually, they will either discontinue sending these letters (in my case from before I learned about this forum they did) which is win OR you will get a " Letter before action" or some actual legal document. That's when you would need to respond/defend and you can come here for advise then. I have been told here that even if you lose eventual court hearing (which might not even happen) you would only pay £100 and not £170 as DCBL will threaten you with. So I suppose best advise now is to wait and learn a lesson to post NtK here if you get one again.

More knowledgeable people can comment/correct me on above please.

Best wishes.