Parking Eye and DBCL

[deltech]

I received a Penalty Charge Notice whilst using a friend's car in November 2017.

The circumstances were that I had my disabled sister in the car who is doubly incontinent (nappies and a urine bag), and her urine bag burst so I pulled into a car park to let her dry/clean herself as best she could, and change to a spare urine bag. The whole process took around 45 minutes.

It was 9PM, foggy, and the carpark was unlit.

The car park in question has 3 "combined entrance/exits". You can enter AND exit from all 3. It's not a case of any of them being entrance-only or exit-only.

I did not know it was a pay & display until I received the PCN.

Upon receiving the PCN I returned to the car park somewhat confused, and found that the entrance/exit I used to ENTER only has inwards facing signage; i.e. it can only be read by vehicles EXITING.

The entrance/exit I used to EXIT only has outwards facing signage; i.e. it can only be read by vehicles ENTERING.

These 2 points explain why I was unaware that it was pay & display.

I appealed on 3 grounds:~

1) signage not clearly readable (the one-way signage, AND the fact that it was dark, foggy, and unlit);

2) mitigating circumstances (my sister's "medical/personal hygiene" needs);

3) the charge was disproportinate and not commercially justifiable.

I appealed through a pathetic online process, and was not granted a face-to-face hearing. I also submitted photographs as evidence of the signage not being readable when entering where I did and exiting where I did.

The appeal was dismissed.

I haven't lived at the address in question since January 2018, but my ex-landlady recently gave me some mail, which included 2 letters from Debt Collection Baillifs Limited; the first (November 2019) asking me to pay, and the second (January 2020) stating that DCBL have advised "the client" (Parking Eye) to take the matter to Court.

I have been off work with depression (unconnected) since December 2018, and this is not helping my health situation. I would take Parking Eye to Court myself for harrassment if I knew how to do so.

NOTE:~ it is over 2 years since the original PCN and the signage has not been altered, so I wonder how many other innocent victims have been caught by this TRAP of unreadable signage.

Can somebody please advise me what I can do?

ANY suggestions would be very much appreciated.

I can discuss this off-forum via e-mail or telephone if necessary.

Thanks in advance.

[ostell]

It will be discussed on the forum, off line is discouraged.

Did you appeal through POPLA?


DCBL are only acting as debt collectors so you can safely ignore them.* Wait till you get a letter before claim from Parking Eye.

If you don't have the details then send a SAR to PE to get everything they hold about you and your car.* Inform them of your new address for service, telling them to delete the old.* This should stop them from sneaking in a CCJ without you getting to defend.

If it gets to court then your photos of no signs would stand you in good stead to show thet there was no contract between you.* You had to stop for a medical emergency.*

[deltech]

Did you appeal through POPLA?

Yes, and I requested a personal hearing, but never got one.

*

[Bluey4543]

The correspondence would have gone to the address that was held by the DVLA at the time of the incident.
POPLA do not do face to face appeals it is all done on the papers of the case.