Author Topic: Parkingeye PCN – Parking Charge – Crowne Plaza, Kings Cross, London  (Read 672 times)

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Received this Parking Charge Notice from Parking eye. What are the best next steps here? I have asked Crowne Plaza to help - but no joy there.

Upon entering the car park, the driver parked in the drop off point, dropped the passenger off and went inside to help them check-in. They then left the hotel. On the 4th of July I, the registered keeper, received a PCN through the post.

The driver did not see the parking signs and was not informed by the hotel that they needed to register the car.

Thanks!





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Hi - just wondering if anyone had any thoughts on this?

Thanks!

Hi - I am going to respond with this - will this be sufficient?

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ParkingEye has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ParkingEye have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Also signage isn't clear - see below. The driver was unloading on the left hand side by the steps. Should I mention this, or keep this back for when I throw the kitchen sink at POPLA stage?
[img width=1100 height=546.9921875]https://i.imgur.com/qy1os7y.png[/img]
[img width=733.994140625 height=765.99609375]https://i.imgur.com/yX6rJLD.png[/img]

Sufficient for what? Convincing Parking Eye to cancel the charge? Highly unlikely.

The first bit they will just tell you you are wrong.

The second bit they will deny, they send out hundreds of thousands of PCNs which they believe are compliant.

Third bit they are using POFA to hold the keeper, you, liable, so not relevant.

Bottom line is you didn't follow the rules for the drop off zone and I think trying to claim you were dropping off and not parked for 23 minutes would be difficult. I'm not surprised the land owner isn't amenable given the location.

They will also have detailed documentation of the signage so unless some has gone missing that won't get you very far, especially at the first appeal.

So appeal, it will almost definitely get rejected, get a POPLA code, appeal to POPLA, they will probably uphold the issuing of the parking charge, Parking Eye has a fairly high win rate at POPLA. Spend the next few months getting debt collectors letters, followed by a claim which  may or may not proceed to court which you will initially have to defend. If it goes to court then you  could try the PCN not being 100% compliant defence, then we might know if it has legs.
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Do you have (or can you easily acquire) photos of the signage inside the area where the car stopped (i.e. past that entrance sign you've shown us)?

Sufficient for what? Convincing Parking Eye to cancel the charge? Highly unlikely.

The first bit they will just tell you you are wrong.

The second bit they will deny, they send out hundreds of thousands of PCNs which they believe are compliant.

Third bit they are using POFA to hold the keeper, you, liable, so not relevant.

Bottom line is you didn't follow the rules for the drop off zone and I think trying to claim you were dropping off and not parked for 23 minutes would be difficult. I'm not surprised the land owner isn't amenable given the location.

They will also have detailed documentation of the signage so unless some has gone missing that won't get you very far, especially at the first appeal.

So appeal, it will almost definitely get rejected, get a POPLA code, appeal to POPLA, they will probably uphold the issuing of the parking charge, Parking Eye has a fairly high win rate at POPLA. Spend the next few months getting debt collectors letters, followed by a claim which  may or may not proceed to court which you will initially have to defend. If it goes to court then you  could try the PCN not being 100% compliant defence, then we might know if it has legs.

Its just irritating as the driver was in reception helping his partners mother checkin - while there was a large queue - and the reception staff didn't inform the driver they needed to register the vehicle.

The letter I have posted is just the first response to Parking Eye.

Do you have (or can you easily acquire) photos of the signage inside the area where the car stopped (i.e. past that entrance sign you've shown us)?

I'll cycle past tomorrow, get hold of these and post them.

Thanks

Just use the appeal you showed us. As mentioned, this will not be won at appeal. The odds are that, eventually, ParkingEye will pass this to DCB Legal to issue a claim and, if that is the case, you will definitely win because DCB Legal never comply with CPR 16.4(1)(a) when filing claims for ParkengEye. Also, ANY claim issued by DCB Legal, as long as it is defenced, no matter how poorly, will be discontinued if not struck out first.

If ParkingEye decide to handle the claim themselves, with their in-house legal team, then that is a different matter but you will have an opportunity to put your side at the time.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Hi - after no joy with an email to the CEO and the branch manager I decided to visit the branch today. Spoke to reception, they put me touch with the operations manager who cancelled the PCN. Persistence with Plan A paid off.

Thanks all!
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As long as you have that in writing.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parkingeye PCN – Parking Charge – Crowne Plaza, Kings Cross, London
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As long as you have that in writing.

Yep. And its showing as cancelled on the PE website
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