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  • FIRST POST
    • gill33uk
    • By gill33uk 12th Sep 16, 11:29 AM
    • 15Posts
    • 2Thanks
    gill33uk
    Parking Eye - Appeal Process
    • #1
    • 12th Sep 16, 11:29 AM
    Parking Eye - Appeal Process 12th Sep 16 at 11:29 AM
    Hi, I have received a fine of £100 for a 10 minute stay in a carpark in Peterborough run by ParkingEye, after pulling into the carpark I realised I didn't have my purse, I text my husband who confirmed I had left it at home and I left the carpark, to return home, no point going shopping without money! I stated in my appeal that I had not left the car and explained what happened, they refused my appeal as they do not have CCTV only camera's on entry and exit so its my word against theirs that I never got out of the car, I would like to appeal again, is there any point?
    Many thanks
Page 2
    • gill33uk
    • By gill33uk 17th Oct 16, 2:15 PM
    • 15 Posts
    • 2 Thanks
    gill33uk
    Ralph, its an old restaurant car park, long since closed and now used as a pay and display
    • The Deep
    • By The Deep 17th Oct 16, 2:36 PM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    But they will. Not alarmist, a realist...
    Originally posted by Coupon-mad

    And the Judge will no doubt sanction them. It is what happens at court which is important, Popla is becoming a side-show.
    • gill33uk
    • By gill33uk 17th Oct 16, 2:48 PM
    • 15 Posts
    • 2 Thanks
    gill33uk
    I have found the name of the owner of the land, what should I not tell him while appealing to his good nature and common sense approach??
    • gill33uk
    • By gill33uk 17th Oct 16, 3:22 PM
    • 15 Posts
    • 2 Thanks
    gill33uk
    I lost
    Unsuccessful
    Assessor summary of operator case
    The operator states that it issued the Parking Charge Notice (PCN), because the vehicle with registration AM** ****, either did “not [purchase] the appropriate parking time and [remained] at the car park for longer than permitted” at Thorpe Road, Peterborough on 7 August 2016.


    Assessor summary of your case
    The appellant states she arrived at the car park and discovered she did not have her purse with her. She advises she sent a text message to her husband who confirmed this, so she departed.


    Assessor supporting rational for decisionThe terms and conditions state: “Parking tariffs apply 24 hours a day, 7 days a week” and that “Failure to comply with the terms & conditions will result in a Parking Charge of: £100”. The operator’s case file includes photographs of the signage at the site clearly showing these terms. The operator has also provided photographic evidence of the vehicle arriving at 08:50 and departing at 09:01, for a total stay of 10 minutes and 48 seconds. There is also a system print-off confirming that no payment was made under the vehicle’s registration. When the appellant was invited to provide comments on the operator’s case file, I can see that she raised issues regarding the signage and the amount of the PCN. However, no new evidence or grounds of appeal can be raised at that stage. Instead, this is an opportunity to rebut the operator’s case. She also raised issues regarding the grace period. I am satisfied that the grace period is implied in her initial grounds of appeal to POPLA, therefore this is not an attempt to raise a new ground of appeal. She advises that she has timed herself reading a sign at the site at four minutes and so believes 10 minutes is a reasonable grace period. The British Parking Association (BPA) Code of Practice section 13.1, regarding “Grace periods”, states that operator’s “must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period". Section 13.2 notes that this grace period is for the motorist to decide whether they are going to stay or depart. There is no requirement for an operator to state details regarding grace periods on its signage. The appellant advised she sent a text message to her husband to confirm she had left her purse at home, however no evidence has been provided to POPLA to support this. Furthermore, while I note her comment that it takes four minutes to read the sign, the appellant has not made any suggestion that she attempted to read the signage on the day in question. Therefore, I am satisfied that she breached the terms and conditions. As such, the operator correctly issued the PCN and I must refuse this appeal. For clarity, the British Parking Association (BPA) Code of Practice was updated in 2015 and is the current version in use. In addition, POPLA reviews appeals on a case-by-case basis and cannot consider or comment on the conditions of parking enforcement in regard to council-run car parks.


    Oh well, should have tried harder but hope this helps others xx
    • The Deep
    • By The Deep 17th Oct 16, 4:41 PM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    PoPLA is fast becoming an irrelevance. This decision is, in my opinion, perverse.

    Of course adjudicators can take account of the rules applying to council FPNs, and they should. Also, it is not up to the appellant to produce evidence, (the text message), it is up to the claimant to prove that she did not, (the Golden Thread).

    This decision needs to be picked apart in front of a judge, and the adjudicator sent for further training.
    Last edited by The Deep; 17-10-2016 at 4:44 PM.
    • Coupon-mad
    • By Coupon-mad 17th Oct 16, 8:45 PM
    • 40,629 Posts
    • 52,498 Thanks
    Coupon-mad
    I have found the name of the owner of the land, what should I not tell him while appealing to his good nature and common sense approach??
    Originally posted by gill33uk
    You can still complain to the landowner.

    You do not have to pay! I agree with The Deep that a Judge would be more likely to see this penalty for what it was and if it does go to a small claim, then you can defend it robustly, not rush out a weak version. So much could have been said that wasn't.

    10 minutes is in fact within the grace period in the BPA CoP and well within the 11 minutes agreed in a BPA meeting a year ago which was to be the bare minimum. Pretty diabolical of POPLA not to allow it on that basis.
    Last edited by Coupon-mad; 17-10-2016 at 8:49 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • gill33uk
    • By gill33uk 23rd Oct 16, 7:24 AM
    • 15 Posts
    • 2 Thanks
    gill33uk
    Thank you, I just kept it very simple in the end, probably too naive, just was honest in the fact that I pulled in realised I had forgotten my purse, called home and left once confirmed whereabouts of my purse was. Too simple I expect.
    Originally posted by gill33uk
    Hi, I received a reply from the landowner who has asked me to send him all the information and he will see what he can do, but after the popla decision, I have sent it but wondered if it was too late now I have lost my appeal?
    Also when should I expect the bailiff? And if I refuse to pay and tell them to take me to court will they go away? Thanks x
    • Umkomaas
    • By Umkomaas 23rd Oct 16, 8:45 AM
    • 11,030 Posts
    • 16,476 Thanks
    Umkomaas
    It's never too late to try to get the landowner to intervene.

    No bailiff will turn up. At least not until this has gone to court, you've lost, you've refused to pay any court order awarded against you, PE then have to go back to court to seek authority for bailiffs to be employed. So you're miles away from that. And it's totally in your control to avoid bailiffs. The number of times we've seen bailiffs involved in chasing up a private parking charge we can count on one hand. And there's millions of PCNs issued each year. So please get this in perspective.

    You might get debt collector letters - but these are powerless and can be ignored (see newbies sticky post #4). Receiving debt collector letters in a PE case is not necessarily bad news as it might be an indication that PE are not going to (or not being authorised by the landowner) to process the charge via the court system. You'll need to see what transpires over the next few weeks.

    Come back and let us know how you get on with the landowner.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • gill33uk
    • By gill33uk 23rd Oct 16, 8:48 AM
    • 15 Posts
    • 2 Thanks
    gill33uk
    Thanks for this, you have put my mind at eased, hope the la downer comes back with something positive, if not we are hunckering down and fighting to the end. This sight is great, thank you will definitely keep in touch x
    • fisherjim
    • By fisherjim 23rd Oct 16, 8:48 AM
    • 1,725 Posts
    • 2,374 Thanks
    fisherjim
    Hi, I received a reply from the landowner who has asked me to send him all the information and he will see what he can do, but after the popla decision, I have sent it but wondered if it was too late now I have lost my appeal?
    Also when should I expect the bailiff? And if I refuse to pay and tell them to take me to court will they go away? Thanks x
    Originally posted by gill33uk
    You are getting mixed up here, POPLA is only an appeal service, appointed by the BPA old boys club, manned effectively by call centre staff and pretty amateurish at that.

    No it's not too late for the land owner to cancel, he is the one that employs the ppc scammers not the other way round.

    You will not get bailiffs or call round before anything like that happens you would have to be taken to court, loose, then refuse to pay etc.

    it's up to you what you decide to do now, either pay up, not recommended on here usually or have your day in court where a judge would decide who is right.

    But I would think he would side with you, especially if the landowner agrees to cancel and Parking Eye still chance their arm, though they may not have the right to take you to court in their contract any way.
    Last edited by fisherjim; 23-10-2016 at 8:51 AM.
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
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