Overstay of 19 minutes - ParkingEye asking for named driver

[whitetulip3]

Hey, not sure where to post this as I am very new to this forum! Essentially, Parkingeye is claiming that I overstayed for 19 minutes and have photographic evidence of my car entering and leaving the premises. After reading many forums, I have appealed on the basis that I was not the driver at the time, and that I paid the ticket five minutes after arrival due to finding a space and walking to the ticket machine, plus the 10 minutes grace period to vacate the premises. I also provided evidence of a physiotherapy appointment five days after the incident as this happened in a swimming pool car park and I got injured that day, which caused issues with getting to my car. I had someone drive me home, but the car was already out of the spot so the spot was free for someone else to take - but the only pictures they have are of me going in and out of the carpark. I can’t seem to see what I said verbatim on the Parkingeye website.

Two weeks later (today) this is what they responded:

We are writing to advise you that your recent appeal has been referred for further information. You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was. You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the full name and the current postal address of the driver and pass this notice to them, or alternatively, you as the Registered Keeper, are invited to pay the Parking Charge. You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act. Please note, if you have made or wish to make an appeal on behalf of the driver, and you do not provide the full name and current postal address of the driver, Parkingeye will be obliged to deal with the representations made in your name.

Parkingeye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided.

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What should I do?

[PallasAthena]

You are under no obligation to name the driver. They are just trying to put pressure on you because pursuing the driver is legally easier for them (there are fewer conditions they have to meet). Don't tell them.

So then yes they can pusue you as registered keeper but the key bit about that they tuck away near the end, that their ability to recover from the registered keeper is "...subject to our [PE] complying with the applicable conditions under schedule 4 of that Act."

So the question is have Parking Eye complied with POFA Schedule 4 conditions? Tagging des8 who may be able to help you with this.

[des8]

What to do?

If it was I there would be a letter telling them I have no intention of paying their charge or naming the driver, so could they please supply me with the POPLA verification code.

Your POPLA appeal will need to cover more than your initial effort to PE.
If you want assistance please post up a copy of the PCN (first remove name, address and all reference numbers but leave in all dates and times) and photos of the signs (all the words should be legible in the photo),
Note the PE usually get the signs and the PCN correct (but not always!)

[whitetulip3]

des8 PallasAthena Thank you for both of your responses.

I have attached the image of the PCN and a google image of the parking sign.

Is there a way to try to reason with them about the actual reason of my overstay as I have found that in a few forums, showing proof of an injury and citing that there was inadequate time to find a space is usually sufficient?

I am also trying to find on the ParkingEye website a copy of what I have initially said as I don't want to accidentally contradict myself, but it is quite difficult to navigate the portal and there isn't an option to see what was previously submitted. Could you provide advice on the exact wording for this situation?

Thank you again!

[des8]

By all means write and see if PE have a heart ... just be careful not to admit anything!

Could you please post up page 2 of the Parking Charge Notice, and tell us the location?

The sign grabbed from Google Earth isn't fully legible.
We need to know (and see if possible) the signs at the entrance to the location, and the signs within the car park.
ALL words (even the tiny ones) need to be legible.
It might also be a good idea to measure the height of the signs from the ground, and the size of the different fonts.
(I know one PE site where the signs are few and far between and eight foot off the ground and so basically illegible. It makes it difficult for them to win in court)

Did your injury occur in the location served by the car park during the course of the visit on 16th April?

[whitetulip3]

des8 Uploaded the back of the PCN and the location is Ponds Forge, Sheffield. Unfortunately not sure when I will next be at this location, but as far as I remember, it was fully legible and only about 6 feet off the ground.

Would this be an appropriate next email to send:

Dear Sir/Madam,

I write further to your correspondence regarding the above Parking Charge Notice.

I confirm that I was not the driver of the vehicle on the date in question. I decline to identify the driver and am under no obligation to do so. You must therefore either establish keeper liability in strict accordance with Schedule 4 of the Protection of Freedoms Act 2012 or cancel this charge. In any event, the charge is disputed.

Payment for two hours parking was made approximately five minutes after entry to the car park. This falls well within the mandatory consideration period required to allow a motorist sufficient time to enter the site, locate a parking space, review the contractual terms, proceed to the payment machine, and purchase parking.

Your notice alleges an overstay of 19 minutes. However, once the mandatory minimum 10-minute grace period at the conclusion of paid parking is applied, the alleged excess reduces to approximately 6 minutes. The vehicle entered the premises at 12:01PM, the payment ticket showed 12:04PM which starts the 2 hour clock of parking (paid until 14:04), and the vehicle departed at 14:20PM. A substantial portion of this time is further explained by exceptional circumstances: I sustained an injury during a swimming lesson at Ponds Forge International Sports Centre and required assistance in leaving the site. The vehicle had already vacated the parking bay and was in the process of exiting, meaning the bay was available for use by other motorists. No financial loss was caused to the landowner, payment was made for parking, and the circumstances demonstrate neither misuse of the facilities nor any deliberate breach of terms.

In light of the above, I require that this Parking Charge Notice be cancelled. Should you reject this challenge, please provide a full written explanation together with the relevant independent appeals reference so that the matter may be referred for further adjudication.

For the avoidance of doubt, I also require copies of all photographic evidence relied upon in support of this charge, together with copies of all correspondence and representations previously submitted by me in relation to this matter, for my records and for the purposes of any further appeal. (I am only including this part because stupidly I forgot to screenshot what I had initially written and completely forgot regarding my wording. Also I had enclosed an image of my parking ticket as proof of payment but I have misplaced the ticket since then and am hoping they are gracious enough to supply me with the image)


Yours faithfully,

[des8]

Just noticed that you have posted up a "Parking Charge Notice Reminder" .... do you have the original?

You should not count on being able to use the 5minute consideration time. That is there to allow you time to consider whether or not to stay. If you stay it is normally considered as part of your permitted parking time.
I would make more of the injury sustained whilst on the premises and mention it was so severe you needed physio treatment
Was a note of the injury recorded ?

Did you ask the Sports Centre if they could have the charge cancelled in view of the circumstances?

[whitetulip3]

The PCN was cancelled by the Sports Centre! Thanks for all your advice, it was incredibly helpful

[des8]

Well done.

Just keep all correspondence safe for now