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#Post#: 74039--------------------------------------------------
ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: RBDO
Date: May 31, 2025, 7:14 am
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Hello all!
Firstly, i would like to leave thanks in advance for all advice
and apologies for any errors in the format or content of my
post; I am trying to follow the direction given to the best of
my ability.
I have stupidly already appealed my notice through Parkingeye's
system; I have an anxiety disorder and acted rashly. i confirmed
my status as both RK and driver at this time.
Hopefully attached are links to the best pic I have of the
signage (from Facebook) and pics of the machine and of my notice
itself. the pics of the machine were taken approximately 30 mins
before i arrived by someone else and forwarded to me today for
my use.
The details of the matter are as follows:
On the 25th May I arrived at Challaborough Bay and pulled into
the car park. I went to the machine to pay and the machine -
although having power - would accept neither card, nor
contactless, nor cash payment.I thus went to the sign assuming
there would be an alternative payment option, which there was.
However, when i tried scanning the QR code to download the app,
I discovered I had absolutely no service at all - including any
signal to be able to call the number on the machine provided by
a sign that said: 'if there are any issues with the payment
machine please contact our helpline on: 0330 555 4444' with
an'evology' logo.
I was at a loss what to do; i was there to collect my daughter
who was there with family, and having no signal to call her i
was unsure how to locate her. As noted above, i have an anxiety
disorder, and at this point I was beginning to stress about both
the parking and finding her. I set out to find my family ASAP,
thinking they may also have a solution to the parking issue.
When i found them, they reported that they had found the same
problems; unable to pay; no signal. Additionally, they had
sought assistance from the adjacent holiday park, who had
explained they had no jurisdiction or way of contacting
Parkingeye.
Not quite sure how to prove i don't have signal there other than
go back and take a pic of my phone display - though not sure how
much weight that would hold anyway.
According to Parkingeye I was there for a total of 16 minutes. i
had tried to be as brief as possible but evidently this overruns
any grace period they allow (if at all).
As stated above, i have daftly already appealed via Parkingeye's
link. I did not provide any photos.
Please feel free to ask for anything relevant i have not stated.
Do i have any chance of winning my appeal, either with
Parkingeye or subsequently? I'm pretty motivated to take it to
court if i have a 50/50 chance or better.
All advice greatly appreciated, thank you.
Edit 3: only way I could link imgur successfully below:
HTML https://imgur.com/a/5ZSZfiZ
#Post#: 74680--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: RBDO
Date: June 4, 2025, 2:52 am
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OP here:
Appears no one has any advice specifically for my case, so I
will ask something from a different angle: does anyone have any
experience with machines being out of order and there being no
alternative method of payment? Is there any precedent here (good
or bad)?
Many thanks.
#Post#: 74691--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: b789
Date: June 4, 2025, 4:20 am
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You have to consider what your chances of successfully defending
this should ParkingEye eventually decide to take you to court of
the alleged debt. Lets look at the bare bones of the
circumstances:
The driver entered, attempted to pay, and could not due to:
[indent]• payment machine failure,
• lack of alternative viable methods (no signal for QR app or
helpline),
• and no available onsite assistance.
• The driver did not accept the contract (no payment made, no
tariff selected).
• The total stay was 16 minutes, which exceeds the minimum
5-minute consideration period.[/indent]
An appeal to POPLA has almost zero chance of being successful.
This case will likely be rejected by POPLA on technical grounds
if ParkingEye can demonstrate that:
[indent]• signage was visible,
• terms were clear,
• the vehicle remained over the 5-minute consideration threshold
without completing payment.[/indent]
POPLA assessors tend to apply the Code rigidly and will never
consider mitigating circumstances unless they amount to a
procedural breach or unlawful conduct.
In my opinion, the only way you have any chance of getting this
unfair PCN cancelled is if it goes to court. There are two
outcomes, depending on how ParkingEye decide to handle
litigation on the matter.
If they think their case is weak, they will eventually use the
bulk litigation firm of incompetent legal wannabes, DCB Legal to
issue a claim. If they do that, you have won, because as long as
you follow the advice and defend the claim properly, they will,
in due course discontinue.
However, if ParkingEye think they have a strong case, then they
will handle the claim in-house with their own litigation team.
Should this be the case, then it is highly likely that it would
proceed al the way to a hearing.
At a hearing, you have the best chance of winning this because,
unlike ParkingEye or their incestuous so-called "independent"
appeals service, POPLA, a judge is the only truly independent
arbiter and will decide any claim on the facts.
In the small claims court, this is where you would have a far
stronger chance, especially with:
[indent]• evidence of the failed payment attempt (machine
photos),
• witness evidence of no signal,
• your health context,
• and a properly structured argument around impossibility of
performance and no contract formed.[/indent]
The judge will also be able to decide on mitigating issues and,
in my opinion, you probably have a better than 50% chance of
being successful.
However... this is a long protracted process and is likely to
last for anything from 9 months to over a year before it is
finally decided. In the meantime, you will be receiving debt
recovery letters threatening all sorts of nonsense but enough to
scare anyone not familiar with this process. Debt collectors can
be safely ignored. They are powerless to actually do anything
except to try and persuade the low-hanging fruit on the gullible
tree to pay up out of ignorance and fear.
After ignoring all debt collector letters, at some stage you
will receive a Letter of Claim (LoC). At this point you will
know whether they think they have a fair chance at recovering
the alleged debt. If the LoC is issued by ParkingEye's in-house
litigation team, then it is likely to end up in court. However,
if the LoC comes from the incompetents at DCB Legal, it's a slam
dunk that as long as the claim is defended, they will
discontinue before they have to pay the trial fee.
This is not guesswork. This is all based on many years of
dealing with these unregulated private parking companies and
their bottom dwelling, bulk litigation brethren.
So, you have to decide whether you are prepared to fight this
all the way, with our advice or you can go it alone and either
pay up or fight with advice from elsewhere.
#Post#: 74692--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: b789
Date: June 4, 2025, 4:27 am
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I forgot to add that should you not be successful should
ParkingEye handle the matter through their in-house litigation
team, the sum you are risking would be the £100 charge plus the
fixed court fee of £35 and the fixed legal costs fee of £50.
They will try and add on a fake £25 debt recovery cost but the
court would not allow that.
There is absolutely zero risk of a CCJ affecting your credit
rating, even if you were unsuccessful. As long as the CCJ amount
is paid in full within 30 days of judgment, it is completely
expunged from the record.
#Post#: 74709--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: RBDO
Date: June 4, 2025, 5:31 am
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Thank you so very much for both of your replies. They are both
very informative and very helpful.
I feel much better equipped now to proceed!
Best wishes to you.
#Post#: 76229--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: RBDO
Date: June 12, 2025, 10:23 am
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Hi all,
I have today received the expected rejection of my appeal from
Parkingeye.
I have (hopefully) attached a link to the letter below.
At this point, do I just follow the POPLA appeal process as they
have supplied - or do I do it via another route etc?
Many thanks in advance.
R
HTML https://imgur.com/a/1Aa8yMN
#Post#: 76239--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: ticketterminator
Date: June 12, 2025, 10:56 am
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Did the PCN Show Both Entry and Exit Times?
Under the BPA Code of Practice (para 21.5), if a Parking Charge
Notice (PCN) is based on ANPR camera data, it must clearly show:
The full entry time
The full exit time
The duration of stay
AND…
Operators must not state or imply that the period of parking
began at the point of vehicle entry, because that’s misleading.
Parking starts when the driver finds a space and finishes when
they leave it—not when passing a camera.
So the PCN must not just say “You were in the car park for 16
minutes”; it must show timestamped entry and exit photos.
If the PCN omits either time, Fails to show photos, or
Misrepresents the duration as "time parked", That’s a breach of
BPA Code of Practice, and a strong ground for POPLA appeal and
court defence.
#Post#: 76247--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: DWMB2
Date: June 12, 2025, 11:18 am
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--- Quote ---
> That’s a breach of BPA Code of Practice
--- End Quote ---
Which does not apply to parking charges issued after 1st October
2024. Any references to breaches of Codes of Practice should
refer to the Private Parking Sector Single Code of Practice.
#Post#: 76249--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: RBDO
Date: June 12, 2025, 11:19 am
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Thanks for the reply!
(There is a link to pics of the PCN in the OP, if desired.)
There are timestamped pics of the car entering and leaving and
the difference is 16 minutes. Also provided are the duration of
stay, and exact entry and exit times, which match the photos.
#Post#: 76253--------------------------------------------------
Re: ParkingEye PCN - Challaborough Bay P&D - No purchase of
appropriate time
DIR By: b789
Date: June 12, 2025, 11:39 am
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ParkingEYe are one of the few companies that are about as close
to the requirements of the PPSCoP as you can get, especially
when it comes to the Notice to Keeper (NtK). They always include
timestamped photos. The only flaw in their notices is that they
do not comply 100% with PoFA as there is no invitation for the
Keeper to pay the charge as required by paragraph 9(2)(e)(i).
However, that has never actually been tested in court, although
a judge has agreed with me that if it is argued correctly, it is
a valid point. POPLA are too thick to understand the nuances of
the actual meaning of sub para (i) in that part.
So, having received an appeal rejection with a POPA code, you
can now try your luck at POPLA. You have 33 days from the date
of the appeal rejection date, not the 28 days as stated to be
able to submit a POPLA appeal.
I suggest you now do a search of the forum for other POPLA
appeals and study how they are formatted and what points to use.
Basically, you throw the kitchen sink at the issue. POPLA will
not consider any mitigating circumstances, so you are looking
for technical issues in law and the PPSCoP.
When you have something you think might fly, post it here and we
will advise on any necessary edits before you snd anything off.
You have plenty of time to prepare it.
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