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Wye Valley Visitor Centre - ParkingEye

2

Comments

  • PalaceJim
    PalaceJim Posts: 16 Forumite
    Here is the appeal based on the lack of grace period, can someone let me know if this looks ok and if to add anything else, cheers...................

    I am the registered keeper and I am appealing this parking charge from ParkingEye at Wye Valley Visitor Centre Car Park because:
    No period of grace given for the driver to read the signs within the car park and pay for ticket and no grace period was given for the group to safely exit the car park afterwards.
    The BPA Code of Practice (13.2) states that parking operators "should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action." In addition, the BPA Code of Practice (13.4) states that the parking operators “should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.”

    The driver of the car at the time was captured by ANPR cameras driving in to the car park at 10.22:52 and driving out at 14:37:42 on the same date. Total time from driving in the main gate and exiting was 4 Hours 14 mins. The driver paid for 4 hours parking as seen on the receipt in ‘Doc. 1’.
    After entering the car park the driver parked in an almost empty car park, there seemed to be noone around and the main visitor reception was closed. It was not apparent that anything was open. Only after a few minutes did they find the Butterfly Zoo was open and after making sure everything would open and available to visit, they were told where to purchase a ticket. There is only one machine in the car park to pay and it is not signposted at all, it is very hard to find especially if, like the driver, you had never visited before (see picture 2 of machine in far corner of car park from where they parked (also see closed main building as it was on the day in question). The driver purchased their ticket at 10:31 a mere 7 minutes after entering the main gate. There are no signs or barriers at the main gate to let you know any of the parking rules or time (see photo 1) and the first sign only says ‘to pay at machine’ and is a long way into the car park high up a poll. There is nothing to let you know that time you entered the gate and nothing to say you have been photographed on entry and time will start and end from when you pass the main gate, not when you actually park or have decided to stay. I believe that the 7 minutes it took to work out if they were going to park, if the attraction was open, read the rules and signs regarding parking and purchase the ticket to be completely ‘reasonable’.

    Later that day the driver exited the main gate at 14:37 less than 7 minutes after the paid time had ended at 14:31. When returning to their car within the 4 hours, as they were in a large group of seven people, which included a young girl and a 74 year old parent, they took a while to get ready to leave and also the 74 year old needed help to visit the lavatories. The car park and attraction was now very busy, being Easter Sunday, and there was a wait for the toilets and also a queue of cars to exit the car park. An addition 7 minutes is not an unreasonable time to safely get ready and leave the car park and is well below the minimum 10 minutes allowed as a grace period as set out in the BPA code of practice.

    It is very clear from the evidence that ParkingEye have failed to uphold the minimum grace periods as set out in the BPA Code of Practice as the total time in the carpark exceeded the paid period in total by only 14 minutes (7 minutes prior to purchasing a ticket, and 7 minutes after the parking period had ended).

    Therefore it is respectfully requested that this parking charge request appeal be upheld.
  • KTrazor
    KTrazor Posts: 15 Forumite
    I too have just been sent a parking fine by Parking Eye for staying 14 minutes in the car park in pouring rain - we didn't even get out of the car and didn't see any t&c's. We just thought it was a pay and display. We decided to leave as we couldn't play crazy golf in torrential rain. Can't believe this. Gutted!
    We are going to appeal (we were with another family so they got a fine too). I'd love photos of the signs etc if you have them. How can I privately send you my email address?
    Huge thanks.
  • Coupon-mad
    Coupon-mad Posts: 131,371 Forumite
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    KTrazor wrote: »
    I too have just been sent a parking fine by Parking Eye for staying 14 minutes in the car park in pouring rain - we didn't even get out of the car and didn't see any t&c's. We just thought it was a pay and display. We decided to leave as we couldn't play crazy golf in torrential rain. Can't believe this. Gutted!
    We are going to appeal (we were with another family so they got a fine too). I'd love photos of the signs etc if you have them. How can I privately send you my email address?
    Huge thanks.

    Why would you need to do that? The NEWBIES thread tells you how to appeal.
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  • PalaceJim
    PalaceJim Posts: 16 Forumite
    Update - Today I finally won my appeal against the Parking Eye fine at Wye Valley!
    POPLA over ruled the PCN as 'inefficient grace period was given' and 'the signage does not clearly state that parking time starts upon entry to the car park' - so happy but still very angry at the time and effort this has taken and the stress involved.
    Thanks everyone for their help and keep fighting!
  • safarmuk
    safarmuk Posts: 648 Forumite
    Well done, great job.

    Would you mind posting your POPLA reply in the "POPLA Decisions" thread (it's a sticky right at the top of the main page of this forum)? Would be useful to other users in the future. Thanks.
  • PalaceJim
    PalaceJim Posts: 16 Forumite
    I've posted the decision on the POPLA thread. As Parking Eye are not following BPA guidelines are they illegally obtaining my details from the DVLA?
  • Fruitcake
    Fruitcake Posts: 58,222 Forumite
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    PalaceJim wrote: »
    I've posted the decision on the POPLA thread. As Parking Eye are not following BPA guidelines are they illegally obtaining my details from the DVLA?

    It could be considered a DPA breach, but this is contract not criminal law, so possibly unlawful but not illegal.

    A county court/small claims court for a DPA breach is the way to go if you are up for it.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Why not ask the DVLA what they think? Also, why not send the PPC an invoice for your time, you will not get any money but it will cost them time to fight it, especially if you threaten them with court if they do not pay

    Have you written bad stuff on the Centre's TripAdviser, Facebook, and website pages? That also wastes their time, and costs them money.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,327 Forumite
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    PalaceJim wrote: »
    I've posted the decision on the POPLA thread. As Parking Eye are not following BPA guidelines are they illegally obtaining my details from the DVLA?
    Possibly a breach of the DPA principles.

    We are at an early stage of testing the DPA in this context, with a couple of cases having some costs awarded against the PPC for a breach of the DPA as part of a wider judgment while the motorist was defending a standard parking charge case. But we haven't yet seen (what I would call) a 'full-blown' case where a green light has been given to encourage a flood of claims. But work is no doubt underway in preparing some trailblazer cases.

    I'd suggest you wait and just see how things pan out over the coming months. The advantage in this strategy is that it allows time for cases to be honed (as no doubt in the early days there might be as many lost as won - the lottery of the small claims court) and gives you a better chance of making your case 'stick'. The beauty of the system (for you, not PE) is that you have up to 6 years to pursue them.

    Have a read of Timothea's post to start your grey matter getting a handle on this. This will give you the background and conditions for you to consider and determine whether you might, in due course, have a case to pursue.

    http://forums.moneysavingexpert.com/showthread.php?t=5585388

    Other Sources

    http://www.parkingcowboys.co.uk/data-protection-act

    Some apposite blogs from the Parking Prankster:

    http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

    http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

    Latter part of this blog:

    http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

    On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

    Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

    http://forums.pepipoo.com/index.php?act=SF&s=&f=60
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • PalaceJim
    PalaceJim Posts: 16 Forumite
    Yes I've left reviews and warnings on Trip adviser, facebook and twitter as many others have too. Looking on Trip adviser Wye valley visitor centre was once a well liked popular attraction. It is now just full of angry customers and bad reviews. This seems to be a terrible decision by the owners to employ Parking Eye
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