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  • FIRST POST
    • AngelHarmony
    • By AngelHarmony 19th Apr 17, 11:26 PM
    • 4Posts
    • 0Thanks
    AngelHarmony
    Parking Eye PCN at Derby & Burton Services
    • #1
    • 19th Apr 17, 11:26 PM
    Parking Eye PCN at Derby & Burton Services 19th Apr 17 at 11:26 PM
    I'm really hoping for some help please? I've been through lots of pages/posts including the Info for Newbies but I think I'm just tying myself in knots!

    At the beginning of last month I stopped at Derby & Burton Services. I know this service area fairly well as I used to live just a few minutes away from it. It's a large site with a wonderful food pub at one end, in the middle there's a fuel station with a KFC restaurant & drive-through & 3 other units that have varied since it opened. At the other end there's an Ibis Budget Hotel.

    I'm registered disabled, was tired & I just wanted a drink (from my flask), some fresh air & to let my dog out to stretch her legs. The first quiet area I spotted which also had grass was by the far end of the hotel so I parked there. With the exception of the food pub which has some shrubbery around it, the rest of the large car park is an open one. After half an hour I was back on my way home.

    Imagine my shock when a fortnight later I received a Parking Charge Notice for 60!! (It includes photo's of me arriving & leaving) Apparently "the car park is private land, only for authorised hotel guests/patrons only along with other terms & conditions of the car park". I know I was parked by the far end of the hotel but I didn't see any signs & definitely no boundary areas to say I wasn't allowed to park where I was. As far as I'm concerned, disabled needing a rest or not, I always thought a service area is supposed to be a place to get rest, food, drink, fuel etc., after all there are signs everywhere to take a break & not drive tired!!

    Although after receiving the PCN I looked on here as well as the motorway services online website to see who to contact about cancelling the PCN. I've then not been well over the last week so it was completely forgotten about until this morning when I received a second PCN telling me I now have 14 days to pay 100 & because I didn't appeal within 28 days of the date of the original PCN then I have no further right to appeal!!

    I've spent the day going through the forum but really don't know;

    a) exactly who to appeal to?
    b) can I appeal with any part of the DDA? (I've seen some others on here have)
    c) how to word my letter correctly? (I'm especially struggling with this)

    I'd be so very very grateful for some help/advice please.

    Many thanks in advance
Page 1
    • Coupon-mad
    • By Coupon-mad 20th Apr 17, 12:33 AM
    • 45,774 Posts
    • 58,742 Thanks
    Coupon-mad
    • #2
    • 20th Apr 17, 12:33 AM
    • #2
    • 20th Apr 17, 12:33 AM
    I've spent the day going through the forum but really don't know;

    a) exactly who to appeal to?
    b) can I appeal with any part of the DDA? (I've seen some others on here have)
    c) how to word my letter correctly? (I'm especially struggling with this)

    The DDA isn't current law and hasn't been since 2010, when it became the Equality Act. There's also not been such a thing as 'registered disabled' for decades because there is no GPs' register of disabled people as existed ages ago.

    But yes, you are disabled and should be allowed a reasonable adjustment so I would upload a scan of your Blue Badge to the PE appeal website and (do not mention the delay in appealing, nor the dog unless it's your assistance dog) and state:

    I wish to appeal this parking charge. I am disabled, was tired and I just wanted a drink from my flask and some fresh air and a brief stop at the services. The first quiet area I spotted which also had grass was by the far end of the hotel so I parked there. With the exception of the food pub which has some shrubbery around it, the rest of the large car park is an open one. After half an hour I was back on my way home and saw no difference in signage so this is not well demarcated at all, in my view.

    As far as I know, Services are there for drivers to rest for a couple of hours and I took mere minutes. I attach a copy of my Blue Badge and urge you to cancel the charge immediately. Take note that I have also sent a formal complaint to the Motorway Services Manager and the Hotel Manager, as I feel unfairly harassed by your demand.

    To make a complaint about PE and to try to get a landowner cancellation, there's a phone number for the IBIS Hotel Manager here:

    https://www.tripadvisor.co.uk/ShowUserReviews-g1234748-d1229292-r282079699-Ibis_budget_Derby-Willington_Derbyshire_England.html

    and a contact number for the services on the right here:

    http://motorwayservicesonline.co.uk/Derby_and_Burton

    Try that at the same time as the appeal. Come back if rejected, you should still get a POPLA code and most POPLA appeals are won here.

    DO NOT use the same short appeal at POPLA stage - I wrote that deliberately briefly and it's NOT an appeal for POPLA state at all and would lose. Things are different at POPLA stage.
    Last edited by Coupon-mad; 20-04-2017 at 12:37 AM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • AngelHarmony
    • By AngelHarmony 20th Apr 17, 9:42 AM
    • 4 Posts
    • 0 Thanks
    AngelHarmony
    • #3
    • 20th Apr 17, 9:42 AM
    • #3
    • 20th Apr 17, 9:42 AM
    Thank you so much for your quick reply I'll send the emails & make the calls today. Fingers crossed for a positive outcome!!
    • AngelHarmony
    • By AngelHarmony 8th May 17, 12:45 PM
    • 4 Posts
    • 0 Thanks
    AngelHarmony
    • #4
    • 8th May 17, 12:45 PM
    • #4
    • 8th May 17, 12:45 PM
    I've finally had an email back from Parking Eye asking me to prove I was a patron of the service area!?! As I only had a 1/2 hr pit stop for fresh air & a drink in had in my car, the only evidence of my visit is the 2 photos they took of my car!! Why does common sense not prevail? Not everyone spends money at services (too expensive!)!!

    Should I just put all that in another email? Many thanks in advance x
    • IamEmanresu
    • By IamEmanresu 8th May 17, 1:10 PM
    • 1,189 Posts
    • 2,150 Thanks
    IamEmanresu
    • #5
    • 8th May 17, 1:10 PM
    • #5
    • 8th May 17, 1:10 PM
    Go back to ParkingEye and tell them you were a customer of the facility by being there. There is no requirement to purchase anything and you wish to refer them to the Highway's Agency circular 01/2008 which says that such areas should provide at least:

    Fuel
    Hot drinks and hot food
    Indoor seating
    Two hours free parking
    Free toilets and baby-changing facilities


    Ask them again to cancel and come back with their reply
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • AngelHarmony
    • By AngelHarmony 8th May 17, 1:30 PM
    • 4 Posts
    • 0 Thanks
    AngelHarmony
    • #6
    • 8th May 17, 1:30 PM
    • #6
    • 8th May 17, 1:30 PM
    Thanks for that & I will
    • IamEmanresu
    • By IamEmanresu 8th May 17, 2:29 PM
    • 1,189 Posts
    • 2,150 Thanks
    IamEmanresu
    • #7
    • 8th May 17, 2:29 PM
    • #7
    • 8th May 17, 2:29 PM
    Why not send them a link too

    https://www.whatdotheyknow.com/request/1679/response/3572/attach/3/DfT%20circ%200108%20web.pdf
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • trisontana
    • By trisontana 8th May 17, 3:17 PM
    • 8,901 Posts
    • 13,562 Thanks
    trisontana
    • #8
    • 8th May 17, 3:17 PM
    • #8
    • 8th May 17, 3:17 PM
    One fly in the ointment. This service area is not located on a motorway, but at the junction of the A50 and and A38. Neither of which is a motorway. So whether this comes under the rules of proper MSAs I don't know.

    I will probably be stopping there in a couple of week's time. So I would like to find out for myself.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
    • IamEmanresu
    • By IamEmanresu 8th May 17, 3:30 PM
    • 1,189 Posts
    • 2,150 Thanks
    IamEmanresu
    • #9
    • 8th May 17, 3:30 PM
    • #9
    • 8th May 17, 3:30 PM
    They are not MSA's but "Signed service areas on all-purpose trunk roads"

    https://www.google.co.uk/maps/@52.8702524,-1.5866206,3a,75y,118h,72.18t/data=!3m6!1e1!3m4!1sg8yf2FuB-mnzLxSXxuBPzA!2e0!7i13312!8i6656

    Convenient sign courtesy of Google. Lesser standards apply but PE seem to be trying in their normal way to be above the law. It seems to be a planning distinction where the Service Area can either use Circ 1/2008 or use submit the Service Area to local planning restrictions.

    Do PE ask for planning permission usually?
    Last edited by IamEmanresu; 08-05-2017 at 3:34 PM.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
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