Parking Eye ignoring my vehicle tracker data!

From: Susan
I have received two parking fines from Parking Eye. Dated two days apart but for the same alleged offence. To cut a very long story short the vehicle I was driving had a tracker and there is proof beyond any doubt that the vehicle was not where Parking Eye alleged it was.It was parked up where I was staying.I have sent all relevant photocopied documents by recorded delivery to both Parking Eye addresses with no reply.
Can you tell me please who has committed the fraudulent part of this fine and how?.
I cannot work out exactly what they have done to make this fine look real. I do not intend to let this matter drop and want to have an explanation from Parking Eye but don’t really know how to do it.

Parking Eye’s ANPR system is well known to be flawed in that it sometimes doesn’t capture all entries and exits to car parks (e.g. if the view of your car’s registration was blocked by another vehicle as you passed the camera). If you visited the same car park multiple times, then Parking Eye’s system might think you’ve stayed from the first entry to the last exit, likely exceeding the maximum time limit. Parking Eye are well aware of this flaw in their system and claim to make checks to identify instances. However, we hear of such cases regularly, and are concerned they don’t do enough about it. Certainly there is a perceived conflict of interest in that they can financially benefit by not fixing the issue.

Anyway, if you have evidence that the vehicle was not there, then on the balance of probabilities, you did not breach the car park rules and therefore the parking charge has been issued incorrectly and should be cancelled.

Under the British Parking Association Code of Practice Parking Eye are required to offer an appeals process which it sounds like you have engaged with. If they turn down your appeal, then they are required to offer you an independent appeal (known as POPLA). At either appeal stage, if you provide your tracker evidence then your ticket should be cancelled. There is a chance that it will not (the POPLA assessors are not legally qualified), but do not give up!

If you continued to refuse to pay, then ParkingEye would need to take you to County Court to ask you to pay up. Again, if you present your tracker data to show you were not there, then the court should uphold your defence. I do not believe Parking Eye would attempt court with a solid defence as yours sounds.

The other thing I would do is to threaten a Data Protection claim against them. By continuing to process your data when they knowingly don’t have a case against you, then arguably they are breaching the DPA for which case law may allow you to be compensated. We have a guide here about this.

I would also complain to the DVLA, your MP, and the BPA. Things will only get done about this sort of behaviour if people make a fuss.

Best of luck, PC

PS. keep copies of all correspondence!