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  • FIRST POST
    • fezster
    • By fezster 9th Sep 17, 9:15 AM
    • 215Posts
    • 107Thanks
    fezster
    ParkingEye - Council Land
    • #1
    • 9th Sep 17, 9:15 AM
    ParkingEye - Council Land 9th Sep 17 at 9:15 AM
    Hi All.

    Received a Parking Charge Notice from ParkingEye operating in a leisure centre which resides on council land. The council show this as:

    Freehold - Let on Lease

    I've done a search and struggled to find anything definitive. Is there any precedence for contesting a ticket issues on council owned land? Is it worth pursuing this avenue?

    Also, the letter states POFA 2012 paragraph 9(2)(b) and

    "... after 29 days from the date given (which is presumed to be the second working day after the Date Issued)".

    The Date Issued is the same as the Date on the letter, both of which are one week after the Date of Event. Again, searching the forums, this looks to be compliant with POFA 2012, but can anybody confirm?

    Many thanks!
Page 1
    • Johnersh
    • By Johnersh 9th Sep 17, 9:22 AM
    • 655 Posts
    • 1,244 Thanks
    Johnersh
    • #2
    • 9th Sep 17, 9:22 AM
    • #2
    • 9th Sep 17, 9:22 AM
    Once the land wholly let to a private entity, the private entity usually has exclusive use of it - which would include the right to contract a third party to manage the parking.

    Unless you were 'done' on a road near the leisure centre, rather than a car park, it's quite likely that the ticket was issued without any illegality. The question then becomes whether there was a valid contract in place - and of course the many factors addressed in the newbies section
    • fezster
    • By fezster 9th Sep 17, 9:25 AM
    • 215 Posts
    • 107 Thanks
    fezster
    • #3
    • 9th Sep 17, 9:25 AM
    • #3
    • 9th Sep 17, 9:25 AM
    Thanks. I had a feeling that wasn't a valid avenue to pursue.

    The POFA wording they have used seems to be legitimate, however I'm not sure why they have said "after 29 days", whereas the legislation states 28 days:

    (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

    Any relevance to this at all?
    • fezster
    • By fezster 9th Sep 17, 9:34 AM
    • 215 Posts
    • 107 Thanks
    fezster
    • #4
    • 9th Sep 17, 9:34 AM
    • #4
    • 9th Sep 17, 9:34 AM
    One other piece of information. The second letter I received states:

    "if the vehicle remains within the car park for longer than the 0 hours and 0 minutes max stay time".

    The BPA COP Section 13 states:

    Your approach to parking management must allow a
    driver who enters your car park but decides not to park,
    to leave the car park within a reasonable period without
    having their vehicle issued with a parking charge notice
    • Umkomaas
    • By Umkomaas 9th Sep 17, 9:56 AM
    • 15,542 Posts
    • 24,257 Thanks
    Umkomaas
    • #5
    • 9th Sep 17, 9:56 AM
    • #5
    • 9th Sep 17, 9:56 AM
    The PE NtK is as compliant as necessary to invoke Keeper liability. Turn your focus to other areas of potential weakness in their case. The NEWBIES FAQ sticky, post # 1 will start you off with an initial appeal. Then it's the road to POPLA where, if you do your homework and in due course check your POPLA appeal with us, you'll be well on the way to getting this cancelled.

    if the vehicle remains within the car park for longer than the 0 hours and 0 minutes max stay time".
    With PE NtKs, this entry usually indicates that there was a terminal in the building where the driver is required to enter the vehicle' VRM to validate the parking.
    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.
    • Coupon-mad
    • By Coupon-mad 9th Sep 17, 12:28 PM
    • 51,537 Posts
    • 65,144 Thanks
    Coupon-mad
    • #6
    • 9th Sep 17, 12:28 PM
    • #6
    • 9th Sep 17, 12:28 PM
    Best bet as Plan A, is to get the Leisure V+Centre Manager to cancel it.

    That PE NTK sounds compliant, so the other usual template POPLA points will apply (not no keeper liability).
    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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