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#Post#: 28934--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: DWMB2
Date: July 7, 2024, 9:09 am
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Let me know what needs changing and I'll sort it.
#Post#: 29165--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: Vike
Date: July 8, 2024, 3:42 pm
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Hello DWMB2
The post that needs modifying is the 4th one in this thread
dated: June 29, 2024, 05:58:39 pm.
Please would you be able to remove the PCN Reference number and
the VRM as it was put in thinking that only the name and address
needed to be redacted. The content of the rejection was copied
and pasted as I could not load the image at the time.
Thank you.
#Post#: 29168--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: Parkingchase
Date: July 8, 2024, 4:07 pm
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Hi Vike,
And FTLA community. Wanted to let you know a very similar case
happened but in carpark 3 at Chase Farm hospital. I will make a
separate post. Also parking eye, also no option for printable
receipt and card payment out of order.
#Post#: 29185--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: Vike
Date: July 8, 2024, 5:23 pm
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Hi Parkingchase et al
Let me clear up a few point that was originally my fault for
causing confusion.
It was originally thought that the payment machine on that day
was unable to print receipts.
Proof of payment was however available as a contactless payment
was made by phone.
When the keeper went to appeal the ticket a receipt for the
transaction was found and this was uploaded to the PE website as
proof that payment had indeed been made for that VRN.
It was not until the appeal was rejected that, thinking that it
was an open and shut case the receipt was checked again and it
was noticed that a digit was missing from the printed VRM.
EITHER The driver had inadvertently missed out a digit OR, MORE
LIKELY the input of the J was not registered by the machine. It
seems unlikely that the driver entered the wrong VRM.
Clearly what HC Andersen has outlined above is true. The
function and algorithm of the payment machine should be:
1. To notify the user that the entered data is OR is NOT
recognised; or IF recognised
2. To determine and indicate a payment due as at the time of the
transaction;
3. On payment of the indicated sum to produce a receipt if the
user indicates that they require one;
4. To abort the transaction IF The input of the VRM is not
recognised as a VRM that is on site and if this is the case to
inform the user that "VRM not recognised, please check your
Registration Number.
Clearly this is not how the algorithm has been set up and
therefore the payment machine requested payment for one hour's
parking for a VRM that does not exist OR was never on site. It
then accepted and printed a receipt for payment with the same
non-existent VRM.
When the appeal was rejected, PE said that they can see that a
payment was made but that it was INSUFFICIENT for the period
parked.
They did NOT mention that Payment was made for a different VRM
as they themselves did not notice that there was a missing digit
to the VRM that the ANPR captured.
BTW the payment that should have been requested for the period
parked was £3.20 as it was up to 2 hours. Even if the driver had
noticed this, there is NO OPTION to alter the payment and why
would they?
Do you think that I, as the registered keeper should now just
make the appeal to POPLA within the statutory time frame by
repeating what I have said above while still waiting for PALS to
get the ticket cancelled or should I re-email PALS with this
first and add that the trust's contracted operator is using a
payment system not fit for purpose?
Is what I have said above, originally outlined by by H C
Andersen, sufficient for an appeal to POPLA or should it be
framed in different wording or "legalese" and/or anything added?
Thank you all for your input.
#Post#: 29199--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: b789
Date: July 8, 2024, 7:57 pm
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It is going to be a POPLA appeal. The PCN is for either (?) “not
purchasing the appropriate time” or “remaining at the car park
for longer than permitted”.
So, which is it? The operator has not shown what precise term
the driver has breached. The keeper has explained that the
driver made a payment on exit, which the operator has conceded
actually happened but the operators payment system automatically
calculated the payment requested.
All this faff about the keying error is irrelevant.
There was no option for the driver to change or alter the amount
requested, so paid that amount and left. There was nothing else
that the driver could do.
From what can be adduced, the operators system has failed to
calculate the correct fee. It is not the drivers fault that
their system has failed. The driver cannot purchase the
“appropriate time” because it is the operators payment system
that determines the appropriate time.
Any alleged breach of contract was frustrated by the operator.
PALS should have that clearly explained to them and they need to
own that fact.
What response, if any, have you had from the CEO of the Trust?
#Post#: 29229--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: Vike
Date: July 9, 2024, 6:41 am
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--- Quote from: b789 link ---
>
> What response, if any, have you had from the CEO of the Trust?
>
--- End Quote ---
I have just forwarded the following email to PALS, and added the
email addresses of the CEO and The Director of Operation of the
trust, The email of the CEO bounced but I have a read receipt
from Rachel Anticoni:
Hi Taurean
Hope you’re well.
Unfortunately, I have still not had a notice of cancellation
from Parking Eye regarding this Charge.
May I please re-iterate the following:
There was no option for the driver to change or alter the amount
requested, so paid that amount and left. There was nothing else
that the driver could do.
From what can be adduced, the operator’s system has failed to
calculate the correct fee. It is not the driver’s fault that
their system has failed. The driver cannot purchase the
“appropriate time” because it is the operator’s payment system
that determines the appropriate time.
Any alleged breach of contract was frustrated by the operator.
Please would you make this clear to Parking Eye and please would
you also pass this on to Pete Landstrom, the CEO of the Trust
and/or Rachel Anticoni, the director of operations, if the
emails for them are not correct.
Thank you so much for your help.
All the best,
#Post#: 29249--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: b789
Date: July 9, 2024, 8:42 am
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The CEO of the Trust should have been corresponded with
separately from PALS. Any correspondence should be formal. No
"Hi" and no "All the best". These are not your pals and if they
fob you off, any luvvy duvvy interaction is wasted.
This is something that should be sent to the CEO of the Trust:
Peter Landstrom
Royal Free NHS Foundation Trust
Dear Mr Landstrom,
Subject: Urgent Attention Required - Unfair Parking Charge
Notice Issued by ParkingEye Ltd
I am writing to bring to your attention an issue regarding the
management of the car park at Chase Farm Hospital, Enfield,
which is contracted out to ParkingEye Ltd. As the registered
keeper of the vehicle with registration number [Vehicle
Registration Number], I received a Parking Charge Notice (PCN)
that I believe was issued unfairly due to a failure in the
payment system managed by ParkingEye Ltd.
Background
On 31st May 2024, the vehicle in question entered the car park
at 08:52 and exited at 10:42, as recorded by the ANPR system. On
exit, as required, the driver made the payment at 10:39, which
was calculated by ParkingEye Ltd’s automated system. Despite the
actual parking duration being 1 hour and 50 minutes, the system
incorrectly charged for only 1 hour. Consequently, a PCN was
issued for alleged underpayment.
Issue
The driver had no control over the amount calculated by the
automated payment system and paid the amount requested. The
receipt for the payment and the entry and exit times demonstrate
compliance with the parking terms. ParkingEye Ltd ignored these
facts in their response to the appeal, failing to acknowledge
the system error.
NHS Parking Guidelines
I refer you to the NHS Patient, Visitor and Staff Car Parking
Principles, specifically the section on "Contracted-out car
parking", which states:
[indent]1. NHS organisations are responsible for the actions of
private contractors who run car parks on their behalf.
2. NHS organisations should act against rogue contractors in
line with the relevant codes of practice where applicable.
3. Contracts should not be let on any basis that incentivises
additional charges, for example ‘income from parking charge
notices only’.**[/indent]
Breaches of BPA Code of Practice
ParkingEye Ltd’s actions also breach several sections of the BPA
Code of Practice:
[indent]1. Section 23: Unfair handling of the appeal by ignoring
the automated payment system error.
2. Section 20: Issuing a PCN based on a payment system error
that was out of the control of the driver, misleading the
consumer.[/indent]
Breaches of Consumer Rights Act 2015
ParkingEye Ltd’s actions also contravene several sections of the
Consumer Rights Act 2015:
[indent]1. Section 49: The service must be performed with
reasonable care and skill. ParkingEye Ltd failed to ensure their
automated payment system accurately calculated the correct
parking fee.
2. Section 50: Information provided about the payment process
and parking charges was not accurate, as the system incorrectly
calculated the fee.
3. Section 62: The terms should be fair. Imposing a penalty for
an underpayment caused by ParkingEye Ltd’s own system error is
to be considered unfair.[/indent]
Request for Action
As the contracting authority, the NHS Trust is jointly and
severally responsible for ensuring that ParkingEye Ltd operates
in accordance with the NHS guidelines, relevant codes of
practice and consumer protection laws. I urge you to:
[indent]1. Intervene to cancel the unjust and incorrectly issued
PCN: Given the clear evidence of compliance and ParkingEye Ltd's
system error.
2. Review and amend the contract with ParkingEye Ltd: Ensure it
aligns with NHS guidelines, particularly regarding the
prevention of practices that incentivise unfair charges.
3. Ensure accountability and compliance: Monitor the actions of
ParkingEye Ltd to prevent future occurrences and protect
patients, visitors, and staff from unfair practices.[/indent]
I would appreciate your prompt attention to this matter and I
look forward to your response.
Yours sincerely,
[Your Name]
#Post#: 29263--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: Vike
Date: July 9, 2024, 11:09 am
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Thank you b789
As the email for Pete Landstom bounced, while I find the correct
one for him, would it be fortuitous to send the email you
drafted to Rachel Anticoni, the director of operations from whom
I did receive a read receipt?
#Post#: 29265--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: b789
Date: July 9, 2024, 11:11 am
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Yes. You aim as high up the management food chain as you can
get.
#Post#: 29269--------------------------------------------------
Re: Parking Eye Chase Farm Hospital
DIR By: Vike
Date: July 9, 2024, 11:26 am
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Thank you email sent.
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