1. Introduction

Parkingeye takes complaints seriously as they help us to improve areas of our products and services and to resolve any issues relating to the consistency and quality of our business operations.

Our complaints policy is an opportunity for customers to tell us when we might have fallen short of expectation, and how we can put things right.

Parkingeye receive, evaluate, make and record its decisions on complaints in a non-discriminatory manner, in accordance with the requirements of the accredited parking association.

 

2. Policy Scope

The policy is designed to deal with concerns raised in relation to parking enforcement only; complaints that do not relate to matters pertaining to the BPA’s Approved Operator Code of Practice or Parking (Code of Practice) Act 2019 are not covered under the scope of the policy.

 

3. Definition of a Complaint

The complaints policy is not intended to be used as a method for motorists to appeal a Parking Charge Notice (PCN) or Notice of Parking Charge (NPC).  Matters relating specifically to appeals must be made in writing, and can be done through our website www.parkingeye.co.uk/appeal, as instructed on the notice itself.

We are unable to deal with appeals via the complaints process

If a complaint is received that is considered to be or includes an appeal against the validity of a Parking Charge Notice (PCN) or Notice of Parking Charge (NPC), we will treat it as an appeal and advise the customer of this, unless we are informed that the customer does not wish it to be so handled.

Our definition of a complaint is something about the quality of the service provided by an organisation, its processes and/or the behaviour of its staff.

Our definition of an appeal – correspondence shared against the decision of an organisation – in this instance, the decision to issue a Parking Charge Notice or Notice of Parking Charge – where a change to that decision is required.

Our complaints policy does not cover:

  • Appeals/dissatisfaction relating to the issuance of a Parking Charge Notice
  • Comments about our policies or policy decisions
  • Matters that have already been fully investigated through the complaints or appeals procedure
  • Requests chasing refund status if still within timescales confirmed
  • Anonymous complaints
  • Abusive language
  • Decisions made by the Parking on Private Land Appeals service (POPLA)
  • Car parking tariffs
  • Complaints which are received 56 days after the charge was inucrred
  • Overpayments made at parking machine or payment application

 

4. How to make a Complaint

Customers who wish to make a complaint must do so in writing, or by completing our online complaint form.  This is to ensure we know exactly what the nature of the complaint is and this reduces the possibility of ambiguity or of the customer’s complaint not being correctly recorded over the telephone.  The complaint, along with any supporting documents, will then be registered onto our system and a unique reference code generated.

Once the complaint has been received, we will acknowledge the complaint within 14 days and provide the unique reference code.  The acknowledgement will be sent to the name and address or email provided.  In the absence of valid contact details, it may not be possible to process a complaint or process it within the published timeframes.

We will respond to complaints within 28 days of receipt.  In some cases, however, the allotted timeframe could be extended due to the nature of the complaint and the complexities surrounding any investigation.  If we are unable to reply to the complaint within 28 days, the customer will be written to, to advise of progress.

A complaint must be made in writing to the address detailed below or by completing our online complaints form by clicking here.


Postal Address:
Parkingeye Limited
Complaints Department
40 Eaton Avenue
Buckshaw Village
Chorley
PR7 7NA

The complaint must be made within 56 days of the incident taking place.

Please note: We will not respond to any complaints containing abusive language.

 

5. How Complaints will be recorded

Complaints will be recorded on a complaints register and kept on file for 36 months and these will be available on request to authorised bodies.  The details that will be retained will be:

  • Date of complaint
  • Copy of complaint
  • Copy of all correspondence
  • The outcome
  • Details of any corrective action required

All personal data will be redacted in line with GDPR requirements.

 

6. Escalation Process

6.1 Stage one

Your complaint will be reviewed and a full response will be issued within 28 days unless exceptional circumstances have been identified.  If more time is needed, we will write to you with an update.

6.2 Stage two

If the customer remains dissatisfied with our determination of the complaint, we will provide you with the details to enable you to complain to our Accredited Trade Association (British Parking Association).

In order to escalate a complaint to the British Parking Association (BPA), the customer/motorist must supply a copy of Parkingeye’s final complaint response.  The BPA will not review escalated complaints where this is not provided by the customer/motorist.

The BPA Complaints Portal link for escalated complaints can be accessed from the following webpage https://www.britishparking.co.uk/Contact-Us-Public.

 

7. Confidentiality and Data Protection

All complaints will be dealt with in accordance with our obligations under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

When a complaint pertains to a PCN issued by us, Parkingeye are the data controller. As such, please be advised that any information provided in connection with the complaint will be used by Parkingeye to help us deal with it. Data may also be shared with the landowner and any permit service provider if relevant to allowing the complaint to be investigated and resolved.

Data submitted via our complaint’s procedure is provided by consent, however, you can withdraw this consent at any time by contacting our privacy team. Details of how to contact our privacy team can be found at the bottom of our privacy policy which can be found on our website and is linked below. Please be advised that any withdrawal of consent may affect our ability to handle your complaint going forwards.

Our lawful bases for processing data where it relates to the issuance of a PCN are Performance of a Contract and Legitimate Interests and we are registered with the ICO to collect and process data for the purpose of car park management, which includes dealing with appeals and any subsequent recovery action required.

For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.parkingeye.co.uk/privacy-policy/

  • Appealing a Parking Charge?

    To appeal against a Parking Charge, either complete the online appeals form by clicking here or write to Parkingeye at:

    PO Box 117,
    Blyth,
    NE24 9EJ

    Please give the reasons for the appeal and enclosing any supporting information, i.e. a receipt to prove expenditure at the location, a parking ticket etc. or alternatively click here to pay.

  • Are Parking Charges enforceable in Scotland?

    In the recent Scottish court case of Vehicles Control Services v Mackie [2017] A7/15 the Sheriff found the Defender, as the driver of the vehicle, to be in breach of contract and liable for the agreed sum of £24,500. The Defender, who had received multiple Parking Charges, disputed the claim on the basis that they believed Parking Charges to be illegal and unenforceable in Scotland. It was established that the Defender had ignored all of the Parking Charges received out of principle.

    It should be noted that the Sheriff considered the Supreme Court’s Judgment in Parkingeye v Beavis [2015] UKSC 67 and commented that:

    “The charges are nothing more than a legitimate mechanism to create a potential revenue stream to meet costs that would otherwise be borne by the proprietors themselves and without which those services were unlikely to be viable. The Supreme Court touched on this in the “Parkingeye” case (Parkingeye Limited (Respondent) v Beavis (Appellant) UKSC 2015/0116 ) where Lords Neuberger and Sumption referred to the objectives of owners protecting parking amenity and funding it through user charges thus: “These two objectives appear to us to be perfectly reasonable in themselves”. I respectfully agree.”

  • Does Parkingeye have a fair appeals process?

    Parkingeye has gained a vast amount of experience over many years of handling parking related appeals and the Parkingeye team lead the industry in this regard. Each appeal is individually assessed by a trained appeals assessor, who will review not only the site rules, but will apply a common sense approach.

  • Does Parkingeye have the authority to issue Parking Charges?

    Parkingeye is authorised by our clients to install signage setting out the terms and conditions of parking, issue Parking Charges for a breach of those terms and conditions, and to recover and retain these Parking Charges.

    Please note that Parkingeye is presented as the contracting party on the signage and the creditor within any correspondence sent to motorists.

  • How can the charge be enforceable if there is a reduction for early payment?

    The offer to reduce the amount of the Parking Charge for the first 14 days is not indicative of the fact that it should be considered a penalty and Parkingeye properly offers a 40% discount for 14 days, as per the British Parking Association (BPA) code of practice.

    In addition, as a matter of practicality, there are many commercial situations where a discount is offered for the early settlement of a contractual claim. HHJ Hegarty QC in the case of ParkingEye v Somerfield Stores (2011) stated that this was the case.

  • How was a contract formed with the driver?

    The Parking Charges issued are levied on the basis of a contract with the motorist, which is set out via the signage at the site. The signage sets out the terms and conditions under which a motorist is authorised to park, be that by payment of the appropriate paid parking tariff or by parking within a limited stay period or similar, and that a Parking Charge will be payable if the conditions are not met.

    We ensure signage is ample, clear, visible and in line with the BPA (British Parking Association) Code of Practice, so as to ensure that the motorist is bound by the terms and conditions when they enter and remain at a site. All users of the site are obliged to follow these rules.

  • I have received a Parking Charge and would like to make payment, but I have lost the letter/do not know my reference number.

    If you are unable to locate your Parking Charge Reference, please contact us by filling in this form. Please include your full name, vehicle registration, date of the parking event and the location where the charge was incurred.

    Please note: any appeals or complaints sent to this email address will not be responded to.

  • I have received documents from the county court/a debt recovery agency and would like to make payment but I am having trouble locating the correct reference number

    Should you wish to make payment to Parkingeye, either via our website or through our payment line, you will be required to provide your 12 digit Parking Charge reference number; e.g. xxxxxx/xxxxxx. This reference can be found on all correspondence that has been issued to you and is also present on documents from debt recovery agencies, as well as within the ‘particulars of claim’ where legal action has been taken.

    Please note: the / character within your reference should be substituted with the * button when using our payment line.

  • I would like to make a payment, but I am having trouble locating the correct reference number

    Should you wish to make payment to Parkingeye, either via our website or through our payment line, you will be required to provide your 12 digit Parking Charge reference number. This reference can be located on all correspondence that has been issued to you and is also present on documents from debt recovery agencies, as well as within the ‘particulars of claim’ (if legal action has been taken).

    Please note: If you are making a payment via our automated telephone line the forward slash (/) in the middle of the Parking Charge reference should be replaced with an asterisk (*) on your telephone keypad.

    Example: 123456/123456 will become 123456*123456

  • Is the Parking Charge enforceable, is it a penalty?

    Parkingeye does not issue or collect Penalty Charges, fines or excess charges, which are only enforced by police, traffic wardens or civil enforcement officers under the Traffic Management Act 2004 or the Road Traffic Acts. However, Parkingeye does have the authority to issue and enforce Parking Charges for contractual breaches on private land. This was confirmed by the Supreme Court in the precedent setting case of ParkingEye v Beavis (2015) UKSC 67.

    For more information concerning this judgment, please visit here.

  • Is the Parking Charge fair and reasonable?

    In terms of the amount of the Parking Charge, the Supreme Court judgment, along with the British Parking Association Code of Practice at paragraph 19.5, supports the level of Charge issued by Parkingeye. Within this judgment, Lord Neuberger and Lord Sumption note that,

    “The charge is less than the maximum above which members of the BPA must justify their charges under their code of practice” and Lord Hodge finds that, “…local authority practice, the BPA guidance, and also the evidence that it is common practice in the United Kingdom to allow motorists to stay for two hours in such private car parks and then to impose a charge of £85, support the view that such a charge was not manifestly excessive […] the fact that motorists entering the car park were given ample warning of both the time limit of their licence and the amount of the charge also supports the view that the parking charge was not unconscionable.”

  • My appeal has been rejected and I would like to appeal to POPLA, how do I do this?

    When an appeal is rejected by Parkingeye, the motorist is provided with the opportunity to appeal to POPLA. All information regarding how to lodge an appeal with POPLA (including the 10-digit verification code) is contained within the correspondence informing you that your appeal had been unsuccessful.

  • What is POPLA?

    Parking Charges issued in England and Wales are underpinned by The Protection of Freedoms Act (POFA) 2012 and the Parking on Private Land Appeals (POPLA) Service. The Act introduced the concept of ‘keeper liability’ for vehicles parked on private land, however, there had to be an independent appeals service to sit alongside the same, which is provided for by funding from the parking industry.

    That independent service is known as Parking on Private Land Appeals or POPLA. Assessors at POPLA determine appeals from those who have been issued with Parking Charges when parked on private land in England, Wales, Scotland and Northern Ireland. To be able to lodge an appeal with POPLA, motorists must first lodge an appeal with the operator who issued the Parking Charge and be provided with a POPLA verification code, which issued when the appeal is rejected. POPLA is independent of all parties to appeals, including the operator and the British Parking Association, as are the Assessors who make the determinations.

  • What will happen if I ignore the Parking Charge?

    If the Parking Charge is ignored and no payment is received, then further action could be taken which may include a referral to a Credit Reference Agency, the instruction of solicitors to secure immediate payment, a referral to debt recovery, or the issuance of court proceedings, all of which will incur further costs.

    If you wish to appeal a Parking Charge, we recommend you lodge an appeal as soon as you receive the Parking Charge.

  • Why have I received a Parking Charge?

    The car parks managed by Parkingeye have clear terms and conditions of parking, as detailed on the signage within the car park. If the terms and conditions are breached (e.g. overstaying a free period or not paying for your parking), then a Parking Charge will be issued.

    You can also find further information outlining why the charge was incurred displayed within the Parking Charge.