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    • delow
    • By delow 10th Jul 17, 8:35 PM
    • 8Posts
    • 1Thanks
    delow
    Tower road Newquay parking charge notice
    • #1
    • 10th Jul 17, 8:35 PM
    Tower road Newquay parking charge notice 10th Jul 17 at 8:35 PM
    Hi i just received a parking charge notice from Parking eye for parking in Tower road Newquay car park , i arrived at 12:41 and left 15:00 but this was the entrance and exit to the car park ( as photographed ) but by the time i got some change my ticket says 12.46 and we arrived back 2 hrs later but the inside of the van including steering wheel was to hot to touch so i opened the doors and let it cool down for a few minutes and then got the satnav up and running and left . There is nothing that i can remember on the sign saying that you were paying from the second you entered to the second you left the entrance and exit . The charge is £60-£100 which would work out over £3 a min if £60 charge was paid for getting ready to leave . Do i have a good case to appeal ? thanks
Page 1
    • Redx
    • By Redx 10th Jul 17, 8:40 PM
    • 14,800 Posts
    • 18,615 Thanks
    Redx
    • #2
    • 10th Jul 17, 8:40 PM
    • #2
    • 10th Jul 17, 8:40 PM
    this place features on here every week , so any grace periods fall under the BPA CoP , which in theory is up to 10 minutes before the parked time , and OVER 10 minutes to leave , so typically around 21 minutes in total, longer if you were "driving round and round waiting for a parking space" - like ivor pecheque in their court case , and even longer if the road was busy preventing escape

    so clause #13 of the BPA CoP covers it, but also you will add other factors into your popla appeal

    use the blue text appeal from the newbies sticky thread, adding a paragraph that says

    clause #13 of the BPA CoP applies and will be featured in any future appeal or court defence , as well as other legal arguments


    DO NOT REVEAL WHO WAS DRIVING

    forget the idea of the charge being unreasonable , it wont wash since BEAVIS lost almost 2 years ago
    Last edited by Redx; 16-07-2017 at 9:27 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • delow
    • By delow 10th Jul 17, 9:10 PM
    • 8 Posts
    • 1 Thanks
    delow
    • #3
    • 10th Jul 17, 9:10 PM
    • #3
    • 10th Jul 17, 9:10 PM
    Thanks , does the blue text appeal start off with
    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis

    first time on the forum so not a 100% on how to find anything
    do i just put #13 of the BPA CoP applies and will be featured in any future appeal or court defence , as well as other legal arguments at the end of the email thanks
    • Redx
    • By Redx 10th Jul 17, 9:13 PM
    • 14,800 Posts
    • 18,615 Thanks
    Redx
    • #4
    • 10th Jul 17, 9:13 PM
    • #4
    • 10th Jul 17, 9:13 PM
    yes, but add the word clause before #13 blah blah
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • delow
    • By delow 10th Jul 17, 9:26 PM
    • 8 Posts
    • 1 Thanks
    delow
    • #5
    • 10th Jul 17, 9:26 PM
    • #5
    • 10th Jul 17, 9:26 PM
    Great i'll email this over to them now and see how they respond
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 9:37 PM
    • 48,395 Posts
    • 61,844 Thanks
    Coupon-mad
    • #6
    • 10th Jul 17, 9:37 PM
    • #6
    • 10th Jul 17, 9:37 PM
    Yes that's right. But not email.

    You go to the PE webpage and appeal, choosing 'registered keeper' ONLY.*

    You could just replace the usual paragraph about 'data protection', with this instead:

    ParkingEye failed to allow a suitable observation period at the start, and grace period at the end of paid for time. You appear to think that a mere 5 minutes between driving in the entrance and paying at the machine, and a mere 13 minutes at the end, is unreasonable. The BPA CoP disagrees and allows a MINIMUM (not maximum) ten minutes at each stage. As confirmed by the BPA's Kelvin Reynolds, these stages can take longer, due to individual circumstances, not limited to disability but relevant to the time of year, type/size of car park and how busy it may be. When the occupants of the van got back in time, within 2 hrs from paying, the inside of the van including the steering wheel was to hot to touch, so the driver had no choice but to open the doors and let it cool down for a few minutes before leaving, weaving between pedestrians and other cars.

    This is an exceptionally popular tourist location where the crowds and traffic manoeuvre in a narrow single lane space in places. This and the fact cars have to wait to leave (one by one) onto a main road, means that just the process of queuing to leave this site in Summer, could easily take up to 15 minutes, even without the heat of the day being an issue for being able to immediately drive the van.





    * was the PCN with you within 15 days of the parking event and does it mention 29 days and keeper liability, and the POFA 2012, on the back?
    Last edited by Coupon-mad; 10-07-2017 at 9:40 PM.
    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.

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