Parking Eye ANPR PCN - HOME BARGAINS CROSSHANDS - PE ignore Stores Instruction to Cancel Invoice. Whats my best cause of action?

[Rosso123]

Hi

 

Could I have some advice on how to reply to a Final Demand letter from Private Parking Company.

 

The complication here is that the land owner, who have been amazingly supportive have told the Private Parking Company to cancel the invoice several times. They would have had the first instruction from the store owner way before the POPLA appeal.

 

The back story.

I am the registered keeper and not the driver.

The driver was 8 months pregnant and felt sick so pulled off the road, 1^st car park was said store.

The store was closed.

They stayed in the car park while working out if safe to drive or if they needed to call for help.

As the store was closed, the Private Parking Company sent the registered keeper an invoice.

 

19/7/22 – Invoice sent.

23/7/22 – Spoke to Store and was told to come back in the week to talk to Dept or Store manager.

23/7/22 – Sent an appeal to Private Parking Company via Appealmyticket, so that the appeal deadline would not be missed.

27/7/22 – Store messaged me confirmation they had ticket cancelled.

29/9/22 – Appealmyticket contacted me to say that their appeal had failed and that the POPLA appeal had also failed. I contacted the stored again to tell them that Private Parking Company had ignored their instructions to cancel and could they sort it out again.

30/9/22 – Store confirmation that the manager had again told the Private Parking Company to cancel.

 

Everything goes quiet, so the we all thought, including the store that the matter was closed.

 

Then out of the blue I get a Final Notice increasing the fee to £100 and 14days to pay.

I went back to the store and the manager, again very very helpful, apologetic and supportive again emailed Private Parking Company telling them to cancel the invoice.

 

Private Parking Company replied to the store manager who forwarded me their response:

 

“Unfortunately there is nothing I can do regarding this PCN as the motorist had appealed to POPLA (Parking on Private Land Appeals) who are the independent and impartial ombudsmen for the industry.

 

Based on the evidence provided by both parties, POPLA upheld the decision made by Parkingeye and the motorist must pay the PCN.

 

All POPLA decisions are final, and motorists are always made aware of this by POPLA at the time of making the appeal – if the decision is made in favour of the motorist, then Parkingeye must cease to pursue and conversely if the decision is made in favour of Parkingeye the motorist must follow the procedure accordingly.”

 

How do I best reply to the Final Notice and how do I advice the store to reply to the above statement?

 

I am not naming the Store because they have been extremely helpful thus far and I do not want them to be put off from helping other drivers.

[Rosso123]

1 Date of the infringement 14/7/22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 19/7/22

 

3 Date received Can Not recall
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Not sure I only have a scan of the front of the page now (as I thought this had been cancelled by the store, I will try and find the orignal)
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] Yes
 

Have you had a response? [Y/N?] post it up Yes
 

7 Who is the parking company? Parking-Eye

 

8. Where exactly [carpark name and town] Home Bargains, Crosshands, Wales
 

For either option, does it say which appeals body they operate under.

BPA

If you have received any other correspondence, please mention it here. A Final Notice, after the store have confirmed several times they have instructed the parking company to cancel it.  Text and Emails from the store confirming and showing their attempts to tell Parking Eye to cancel the invoice.

 

Here is the POPLA appeal. 

 

As I understand the POPLA appeal had to be appealed on a matter of law and the contract or lack of contract of entering the land.  The emergency pregnancy issue of the driver would not be taken into account with the appeal with Parking-Eye or POPLA. 

 

The actual reason for stopping on the land was given to the land owner / store manager immediately, eg pregnant person feeling ill and they fully supported this and gave retrospective consent for parking on the land. 

 

One thing POPLA fails to account for is that it was night time and dark, either way that last thing a pregnant person who is feeling ill and worried is going to do is start looking at signage. 

 

Attached is the POPLA.

 

2023-02-10 PE final notice.pdf

2022-07-19 PE PCN event 2022-07-14.pdf

Popla Assessment & decision.pdf

[Rosso123]

I dont have access to the PCN at the moment, Im away from home.  Hopefully I can find it next week and post the reverse side of it up.

Edited February 18, 2023 by Rosso123

[Rosso123]

sorry I dont have the appeal to parking-eye..... Appealmyticket did the appeal.  I was only sent the POPLA appeal pdf which is in one of the above posts.  I assume the appeal to parking eye was the same grounds as to POPLA.

[Rosso123]

Well spotted. Not my name, its from appealmyticket.  I have blanked it out and attached the new pdf here.  Are you able to swap the pdf's over?

popla 3.pdf

[Rosso123]

Thanks, yes I did pay Appealmyticket.  I have the original email that I sent to appealmyticket that explains to them about the medical emergency.  I also recorded all my conversations with the store that explains the medical emergency to them. The store were 100% aware of the pregnancy issue from day 1.

 

I still don’t understand why parking eye think they have the right to ignore their clients (the store) institutions to cancel the ticket?  The store do not support this going to court.

Edited March 10, 2023 by dx100uk
unnecessary post quote removed