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  • FIRST POST
    • 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
    • 15,526 Posts
    • 19,616 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
    • 15,526 Posts
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    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
    • 50,161 Posts
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    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? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Rachel Knight-Hurley
    • By Rachel Knight-Hurley 4th Aug 17, 1:00 AM
    • 1 Posts
    • 0 Thanks
    Rachel Knight-Hurley
    • #7
    • 4th Aug 17, 1:00 AM
    • #7
    • 4th Aug 17, 1:00 AM
    Exactly the same has happened to us! We received our fine notice this morning, after having used Tower Road car park last week whilst on holiday. We are being fined because we ARRIVED at the car park at 14.25, and didn't leave until 16.36. However, we had trouble finding a space when we arrived, then had to queue at the machine for our ticket, so our ticket starts at 14.31. Like you, I had no idea that you are charged from the moment you enter! Also, we weren't late getting back to the car. My husband had gone on ahead to make sure he had moved the car out of the space in time. He was waiting for me and my 7 year old son at the entrance. My son had fallen over on the track going back to the car and grazed his knee, so we were walking a bit slower. I can't believe the attitude of PE parking. It's nothing short of extortion.
    • germanvictim
    • By germanvictim 30th Aug 17, 7:37 PM
    • 5 Posts
    • 5 Thanks
    germanvictim
    • #8
    • 30th Aug 17, 7:37 PM
    • #8
    • 30th Aug 17, 7:37 PM
    Same to us. We are from Germany and not used to be charged from the moment we enter. We thought it is the ticket time that counts (as usual in Germany).
    Entering Car Park: 14:02 (Parking Eye Photo)
    Ticket (3 Hours): 14:15
    Departure: 17:20 (Parking Eye Photo)
    The 13 minutes after entering were caused by a queue searching for one of the few parking lots left (it was a warm and sunny day). Another queue at the ticket machine. We had absolute no reason to stay longer at the car park as we are forced to. What do we do there? Having a 13-minute-party in a car park?

    The 5 minutes overstay before leaving should be covererd by grace time. So we thought.

    I apologise for maybe asking the same question one more time. I've read the Newbie-Thread. But since I am from Germany, I want to be sure to not make a mistake. As far as I can see, there is no privat messanges funktion, otherwise I would have used it (f.e. to coupon-mad).
    We want to appeal. Is it sufficient, to write only(!) the text of post #6 (coupon-mad) in the appeal? Or do we have to add something?
    Again sorry for maybe beeing annoying.
    Last edited by germanvictim; 30-08-2017 at 7:50 PM.
    • Coupon-mad
    • By Coupon-mad 31st Aug 17, 1:45 AM
    • 50,161 Posts
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    Coupon-mad
    • #9
    • 31st Aug 17, 1:45 AM
    • #9
    • 31st Aug 17, 1:45 AM
    Exactly the same has happened to us! We received our fine notice this morning, after having used Tower Road car park last week whilst on holiday. We are being fined because we ARRIVED at the car park at 14.25, and didn't leave until 16.36. However, we had trouble finding a space when we arrived, then had to queue at the machine for our ticket, so our ticket starts at 14.31. Like you, I had no idea that you are charged from the moment you enter! Also, we weren't late getting back to the car.

    My husband had gone on ahead to make sure he had moved the car out of the space in time. He was waiting for me and my 7 year old son at the entrance. My son had fallen over on the track going back to the car and grazed his knee, so we were walking a bit slower. I can't believe the attitude of PE parking.

    It's nothing short of extortion.
    Originally posted by Rachel Knight-Hurley
    Yes, it is extortion. Trading Standards in Newquay should step in over this sharp practice.

    You all need to follow the NEWBIES thread re appeal.

    And write to complain to YOUR MP and the Newquay MP mentioned here, and ask who the Trading Standards contact is:

    http://forums.moneysavingexpert.com/showthread.php?p=73047342#post73047342
    As far as I can see, there is no privat messanges funktion, otherwise I would have used it (f.e. to coupon-mad).
    I don't take private messages, sorry, no time!

    We want to appeal. Is it sufficient, to write only(!) the text of post #6 (coupon-mad) in the appeal? Or do we have to add something?
    Yes, it will do, but change the times to suit your own timings. Give your address in Germany.

    If yours was a hire car, you MUST choose 'hirer/lessee' to describe who you are, NOT driver, on the ParkingEye webpage.

    Do not say who parked.

    @''german victim''

    - please also email the Newquay Member of Parliament, Steve Double MP. Add your complaint!

    - you might want to contact this other German poster, William, who won his appeal about Tower Rd:

    http://forums.moneysavingexpert.com/showthread.php?t=5690489

    HTH
    Last edited by Coupon-mad; 01-09-2017 at 1:09 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • germanvictim
    • By germanvictim 2nd Sep 17, 4:55 PM
    • 5 Posts
    • 5 Thanks
    germanvictim
    Yes, it will do, but change the times to suit your own timings. Give your address in Germany.

    If yours was a hire car, you MUST choose 'hirer/lessee' to describe who you are, NOT driver, on the ParkingEye webpage.

    Do not say who parked.
    Done.

    please also email the Newquay Member of Parliament, Steve Double MP. Add your complaint!
    Done.

    you might want to contact this other German poster, William, who won his appeal about Tower Rd:
    Also done. Although the cases seem to be a little bit different, he might have some more advice for me.

    Thank you all!
    • ilse
    • By ilse 10th Sep 17, 2:37 PM
    • 1 Posts
    • 0 Thanks
    ilse
    londonvictim
    We were at the Tower Road car parking at 27/08/17, we arrived at 10.26 and left at 15.10, at the time I paid it was written up to 5 hours £ 5 pounds.
    or I did not get it right? today
    I received a fine for an amount of time, if I paid for 5 hours and stayed 4.43 minutes, something is wrong.
    can anybody help me?
    The amount I paid for the time I got is wrong? I live in London and I can not go to the front of the machine to check.
    thanks.
    I have the ticket saved with me.
    Last edited by ilse; 10-09-2017 at 2:56 PM.
    • Quentin
    • By Quentin 10th Sep 17, 3:12 PM
    • 32,809 Posts
    • 16,840 Thanks
    Quentin
    You need to start your own thread (but only after reading the newbies faq thread near the top of the forum if you have further questions)


    Don't hijack someone elses thread like this - you won't get help and it just confuses the thread
    • Coupon-mad
    • By Coupon-mad 10th Sep 17, 9:07 PM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    We were at the Tower Road car parking at 27/08/17, we arrived at 10.26 and left at 15.10, at the time I paid it was written up to 5 hours £ 5 pounds.
    or I did not get it right? today
    I received a fine for an amount of time, if I paid for 5 hours and stayed 4.43 minutes, something is wrong.
    can anybody help me?
    The amount I paid for the time I got is wrong? I live in London and I can not go to the front of the machine to check.
    thanks.
    I have the ticket saved with me.
    Originally posted by ilse
    Start a new thread but I am sure we have seen a post from someone who took a photo of the sign when there, at the end of August, who also got an unfair PCN like this when they had not overstayed, either. Just like you.

    We know that the tariff board changes from Summer to Autumn at some point, and I wonder if this is the issue (but sadly PE can't be trusted to tell you; poster here would say PE don't give a hint of giving a sh11t about anything except draining money from people).

    Can't recall if the thread in question was on here or pepipoo forum, but it was a PE car park in Newquay. Maybe someone else read it too?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • germanvictim
    • By germanvictim 11th Sep 17, 5:43 PM
    • 5 Posts
    • 5 Thanks
    germanvictim
    @ londonvictim
    The amount I paid for the time I got is wrong?
    Unfortunatly it is.
    We wrote an e-mail to the Newquay Tourist Information Center. Very nice and friendly people there in the TIC, apologising for the fine and emphasized that this is a private owner! They sent us photos of the current car park parking tariffs.

    Here they are (and might help other victims with related questions):
    Up to 1 hour 1,50
    Up to 2 hours 3,00
    Up to 3 hours 4,00
    Up to 4 hours 5,00
    Up to 5 hours 5,70
    8am-6pm 7,20
    8am-11pm 9,20
    Evening 6pm-11pm 2,70

    The news on our own case:
    1. ParkingEye refused to accept our appeal:
    We are writing to advise you that your recent appeal has been unsuccessful and that you
    have now reached the end of our internal appeals procedure. Our records show that
    insufficient time was paid for on the date of the parking event.
    They give us another 14 day period to pay the discounted fine of 60 GBP. If we appeal via popla (we recieved the necessary code), the discount will have gone forever. So at this moment we tend to pay the discount knowing that this would be in principle wrong. But we can't really estimate our chances to win this battle and we are not willing to give them 100 GBP.

    2. Mr. Steve Double MP didn't answer our e-mail until now. Sad for a MP representing a tourist area.

    3. William C. (the other german victim) seems not to be in the forum anymore. He didn't read my PM.
    • Umkomaas
    • By Umkomaas 11th Sep 17, 6:15 PM
    • 14,629 Posts
    • 23,016 Thanks
    Umkomaas
    So at this moment we tend to pay the discount knowing that this would be in principle wrong.
    Whaaaat? You're invincible in Germany. They cannot touch you. If you're not going to kill it at POPLA, then just ignore it, there's no reason for you to be paying this!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Redx
    • By Redx 11th Sep 17, 6:24 PM
    • 15,526 Posts
    • 19,616 Thanks
    Redx
    this recent popla appeal can be easily adapted for your own use

    http://forums.moneysavingexpert.com/showthread.php?t=5691633

    the grace periods are covered by clause '##13 of the BPA CoP and the delays in summer due to the car park being very busy

    should not take long to adapt it either

    then submit it as a pdf using OTHER on the popla website

    and PE cannot take a person residing in germany to an english court , so nothing is likely to come of it even if you lost at popla (which you should not do with our help(

    oh yee of little faith
    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
    • germanvictim
    • By germanvictim 11th Sep 17, 7:17 PM
    • 5 Posts
    • 5 Thanks
    germanvictim
    Ok, ok, we are convinced! We take the battleaxe and fight the next round.
    Thanks!
    • Coupon-mad
    • By Coupon-mad 12th Sep 17, 1:31 AM
    • 50,161 Posts
    • 63,535 Thanks
    Coupon-mad
    Absolutely do not pay - you are in Germany. Nothing will happen! This is a scam.

    Did the Tourist Information forget to tell you that the tariff board changes between August and September, so any picture taken now is not necessarily the tariff in August?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • germanvictim
    • By germanvictim 12th Sep 17, 11:45 AM
    • 5 Posts
    • 5 Thanks
    germanvictim
    The picture they sent us was taken May 2017. It shows the car park tariffs in Tower Road for summer we asked the Tourist Information for. Our "car park crime" was at the end of July.
    edit: On the photo (signs) I can't find any information about a changing of tariffs in September or a later date. So this are maybe all year tariffs, but of course I can't say for sure.
    Last edited by germanvictim; 12-09-2017 at 12:05 PM.
    • Coupon-mad
    • By Coupon-mad 12th Sep 17, 9:07 PM
    • 50,161 Posts
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    Coupon-mad
    I think the tariffs do change. Ivorpecheque lives there, he will know:

    http://forums.moneysavingexpert.com/showthread.php?p=69097288#post69097288

    Not that it matters. PE are not going to sue you when you live in Germany. You are safe.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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