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  • FIRST POST
    • mbronco3006
    • By mbronco3006 13th Nov 17, 1:59 PM
    • 14Posts
    • 7Thanks
    mbronco3006
    HELP NEEDED - URGENT - PARKING EYE APPEAL VIA POPLA DEADLINE - Pay or Not to Pay???
    • #1
    • 13th Nov 17, 1:59 PM
    HELP NEEDED - URGENT - PARKING EYE APPEAL VIA POPLA DEADLINE - Pay or Not to Pay??? 13th Nov 17 at 1:59 PM
    Hi there,
    Really don't know what to do. I received a PCN from Parking Eye for parking in Tower Road Car Park in Newquay on Sunday 24th September 2017. I put on a 2hr ticket. In total I was 2hr, 11mins.
    From driving into the Car Park, until ticket purchase was 8mins. I had a 2 hour ticket, and from the expiry, it took me 3mins to drive out.

    I tried appealing via Parking Eye. They refused my appeal.

    I then appealed via POPLA, the day after receiving my refused appeal from Parking Eye.
    I have the PCN showing the entry and exit time via a camera, I still have my parking ticket to show the time I purchased my ticket, which I attached to show to POPLA,
    After Parking Eye refused my appeal, they gave me another 14 days to pay the lower charge of £60, before it increases to £100.
    Today is the 13th November, they refused the appeal on 1st November.
    I have been checking the update on POPLA every day. It still says In progress!!!! 13 days later.

    If I pay today, I only pay £60, but if I leave it, I'll have to pay £100.

    Are POPLA likely to refuse this case? If I pay the £60 and then I win the case, I'd be £60 out of pocket, and if I wait to see the outcome, then then lose, then I'm £100 out of pocket. Or I leave it, hope for the best, and win, then happy days!!!

    But in light of a valid ticket, no grace period, and only 11mins over the purchased ticket. Are POPLA likely to refuse this appeal?

    What do I do? Help please........!!!!!

    Kind Regards

    Stuart
Page 2
    • Umkomaas
    • By Umkomaas 15th Nov 17, 7:48 PM
    • 15,959 Posts
    • 24,763 Thanks
    Umkomaas
    @KeithP - formation dancing advising!
    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.
    • KeithP
    • By KeithP 15th Nov 17, 8:09 PM
    • 4,788 Posts
    • 3,151 Thanks
    KeithP
    Here is a very recent PoPLA rebuttal on grace periods.
    It secured a victory for the motorist.

    http://forums.moneysavingexpert.com/showthread.php?p=73250339#post73250339

    Perhaps you could use that as a basis for your response.
    .
    • mbronco3006
    • By mbronco3006 5th Dec 17, 1:07 PM
    • 14 Posts
    • 7 Thanks
    mbronco3006
    Well, it has taken a long time to get my result, but looks like I have won!!

    Decision
    Successful

    Assessor Name
    Alexandra Roby

    Assessor summary of operator case
    The operator’s case is that the appellant did not make sufficient payment for his parking session.


    Assessor summary of your case
    The appellant’s case is that he did not spend two hours parked at the site. He states that he paid for a parking ticket as soon as he found a parking space and returned to his vehicle within the time paid for. The appellant states that the signage does not mention that motorists are allowed a grace period to leave the site and believes this to be unfair. The appellant has provided evidence to support his appeal.


    Assessor supporting rational for decision
    The terms and conditions of the site state: “Parking Tariffs Apply. Up to 2 hours…£3.00. Up to 3 hours…£4.00. Failure to comply with the terms & conditions will result in a Parking Charge of: £100”. The operator has issued the Parking Charge Notice (PCN) as the appellant did not make sufficient payment for his parking session. The appellant’s case is that he did not spend two hours parked at the site. He states that he paid for a parking ticket as soon as he found a parking space and returned to his vehicle within the time paid for. The appellant states that the signage does not mention that motorists are allowed a grace period to leave the site and believes this to be unfair. I refer to Section 13.2 of the British Parking Association (BPA) Code of Practice states: “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go.” The operator has provided images from the Automatic Number Plate Recognition (ANPR) system which show that the appellant’s vehicle entered the car park at 12:01 and exited at 14:13 on the day in question, staying for a total of two hours and 12 minutes. The operator’s payment system shows that the appellant made a payment at 12:10, nine minutes after entering the site, to entitle his vehicle to park at the site for two hours. Due to the size and capacity of the site during the day time I would consider nine minutes a reasonable amount of time to find a space and purchase a parking ticket. As the signage does not clearly state that parking time starts upon entry to the car park, in this instance, I consider the time the ticket has been purchased to be the start of the parking contract formed. Section 13.4 of the BPA Code of Practice proceeds to state: “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes”. As the appellant purchased the parking ticket at 12:10, his parking contract would have ended at 14:10. The ANPR cameras captured the appellant’s vehicle exiting the site at 14:13, three minutes after the end of his parking contract. This is within the ten minutes provided by the BPA Code of Practice minimum requirements. As such, I conclude that the PCN was not issued correctly. Accordingly, I must allow this appeal.
    • mbronco3006
    • By mbronco3006 5th Dec 17, 1:13 PM
    • 14 Posts
    • 7 Thanks
    mbronco3006
    I thank you all for your help
    • nosferatu1001
    • By nosferatu1001 5th Dec 17, 2:16 PM
    • 1,185 Posts
    • 1,228 Thanks
    nosferatu1001
    well done

    Complaint to the BPA that the operaor is NOT following the grace periods seems in order. Ask when the site was last audited for this topic.
    • mbronco3006
    • By mbronco3006 5th Dec 17, 4:11 PM
    • 14 Posts
    • 7 Thanks
    mbronco3006
    Thank you
    • Umkomaas
    • By Umkomaas 5th Dec 17, 7:23 PM
    • 15,959 Posts
    • 24,763 Thanks
    Umkomaas
    Good stuff! Follow nosferatu’s advice and give the BPA and the operator some reverse hassle to deal with.

    Winning at POPLA is obviously important at micro level, but there is a much bigger macro picture, where literally millions of motorists every year are hounded by an out of control sector greedily sucking up millions of pounds of hard earned money.

    Please do launch a complaint (an email will suffice) and you have POPLA’s decision backing you. The PPC knew you were well within the Grace Periods, yet chose to hound and harass you, hoping you’d crack and pay up.

    Remember there are the ‘professionals’, yet allowed you (dealing with an entirely unfamiliar subject) to expose either the PPC’s lack of knowledge about what they’re dealing with, or their lack of professionalism, or something much more sinister. Ask the BPA to comment on which one of the 3 they think it is. Also copy your complaint into the DVLA. You could ask them the same question! Here’s your email addresses with which to communicate.

    steve.c@britishparking.co.uk

    david.dunford@dvla.gsi.gov.uk
    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.
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