Hi,
Some help with this one please. Driver (actually not the RK) suffered a puncture on M3 just before Fleet Services and pulled in. Newish car, no spare, called AA who eventually arrived and called mobile tyre fitter who replaced tyre. All in 2hr 20 mins in services.
Any legal issue with the PCN before we plead to their human side
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Do you have anything in writing from the AA or tyre fitter (such as a receipt for the tyre)?
If so, submit this with any appeal you make:
https://www.parkingeye.co.uk/motorist/how-to-appeal-your-pcn/Are you going to appeal?
Your first step is deciding if you’re going to appeal.
...
There may have been valid reasons for you being unable to return to your vehicle or staying too long on a site, like an accident for instance. We understand that in difficult moments you’re not as focused on parking and so might decide to appeal.
Provide evidence
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You could also submit receipts from a recovery company or breakdown service, a doctor’s note or any other documentation that helps to support your appeal and prove there were mitigating circumstances.
Before we get onto any appeals, have you tried speaking to whichever company runs the service station? That wound be a good first port of call, emphasising the safety element of the driver needing to stop.
Thanks for the speedy replies.
No contact made with either Parking Eye, or the operator of the services, PCN received today and wanted to check my options before responding.
I have a report from the AA, a receipt from the tyre company and a photo of the car jacked up with the tyre fitter van next to it as I assumed this might happen.
The usual argument with breakdowns is "frustration of contract", that is, you were unable to comply with the terms on offer due to matters outside of either party's control.
One consideration here however, is that the notice from ParkingEye suggests that if you're going to stay for longer than 2 hours, there is the possibility to pay for parking, and ParkingEye will seek to argue that once the driver knew they were going to be there longer than 2 hours, they should have paid.
As a starting point, the keeper should speak to the service station owners/management (not telling them who was driving) and see if they'll intervene. If they won't we can pursue appeals.
Thank you for the advice. The RK has emailed Welcome Break (the services operator) with the details and they say they are going to contact Parking Eye on Monday to cancel the PCN.
The RK has also asked to be copied in on the email to Parking Eye just in case there is an issue down the line.
Final question, once we know welcome break have asked for the cancellation, should the RK make contact with Parking Eye for confirmation that they have cancelled it?
No need to contact PE for confirmation. The Keeper can simply log in as though to pay or appeal the PCN and their system should show that it has been paid or £0 balance.
Winner x 1
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