Parking Eye tower Rd Newquay

T25Camper

Hi all im a newbie here and this is my second post. ive just received an invoice from the very same carpark and have submitted an online appeal but im not holding much hope.

i got to the carpark on the 2/7/13, tiand paid for the hour to take me upto 6pm at which point the evening charge kicks in and at the same time paid the extra for the evening charge. £4.70 in total on one ticket. luckly i still have the ticket but i notice now it says 1920 ( im guessing thats when we shoiuld have left) on it we left the carpark a little later acording to the invoice sent to me.

any idea what my chances are or should i just start getting together my popla appeal?

im guessing that ill now have no chance of the reduced to £60 charge. or do i just ignore the letters and hope they give up?

The_Slithy_Tove

Your chances of winning the appeal with PE are a big round ZERO - guaranteed. You'll need to appeal to POPLA where, with the right research and advice, you'll win. Don't send in your POPLA appeal until you've run it past the folk on this forum.

BTW, what were the per-hour charges at what times of day? What did you pay? Do you know why the ticket expired at 19:20? Was is that you didn't pay enough, or that they applied daytime rates to the evening portion of the ticket?

T25Camper

The_Slithy_Tove wrote: »

Your chances of winning the appeal with PE are a big round ZERO - guaranteed. You'll need to appeal to POPLA where, with the right research and advice, you'll win. Don't send in your POPLA appeal until you've run it past the folk on this forum.

BTW, what were the per-hour charges at what times of day? What did you pay? Do you know why the ticket expired at 19:20? Was is that you didn't pay enough, or that they applied daytime rates to the evening portion of the ticket?

Id say they applied the daytime charges to the evening bit? im not 100% but i think it was £2.20 for the first hour and £2.50 for the evening charge in total £4.70. evening charges applied from 6 pm intil midnight i believe.

I think i'll best start a bit of research and fingers cross all the folks will poing me in the right direction.

Coupon-mad

Here's an example, one of many threads where we advised a soft appeal to PE (example shown on thread) to get the POPLA code whilst also complaining to the landowner/occupier (in that case it was Aldi who contracted PE):

https://forums.moneysavingexpert.com/discussion/4697229

Aldi cancelled it when the OP complained.

EHBA

I think it is almost certain that the P&D machine does not make any allowance for 'allocating' the hourly rate until 18.00 and then applying the evening charge 'portion' from 18.00-24.00.

I suspect the evening rate only applies for tickets purchased from 18.00. This happened to me recently at a council car park. At 17.50 the hourly rate of £1.20 purchased time until 18.50. At 18.00 £1.00 purchased 4 hours.

So the time you bought at 17.20 was worth two hours however this two hours was not from the time you bought the ticket but the elapsed time from when you entered the car park to when you left the car park.

PE probably have enough info from your first post to identify you but as you still have the ticket can you confirm what it says

Does it give a time of issue as well as a time of expiry ? Does it confirm the amount you actually paid ? Is their a ticket no ?

Why have they issued a parking charge as per the parking charge notice ?. Does the Parking Charge Notice acknowledge how much money you paid or cross refer it to a ticket no. ?

What is the elapsed time, arriving to departing, shown on the Parking Charge ?

Whilst I can't be certain of Tower Road, PE's Fistral signage offers a rate for up to one hour, it offers an evening tariff from 18.00 to 24.00. It does not state that an 'evening' ticket can only be purchased after 18.00.

This evening tariff is a bit of a parking industry scam where P&D machines and signage do not take account of the start time for the evening tariff.

There is plenty to go on to make sure you don't have to pay this charge but I strongly suspect your appeal will be rejected.

Please confirm the other answers as it adds to the sum total of our knowledge of PE P&D operations

T25Camper

Ill have a look when im home later, im sure I have all that info

T25Camper

as you still have the ticket can you confirm what it says

Does it give a time of issue as well as a time of expiry ? yes

Does it confirm the amount you actually paid ? Yes

Is their a ticket no ? Yes

Why have they issued a parking charge as per the parking charge notice ? overstay it seems.

Does the Parking Charge Notice acknowledge how much money you paid or cross refer it to a ticket no. ? no and no

What is the elapsed time, arriving to departing, shown on the Parking Charge ? 2 hours 44 mins

thanks for your help

Coupon-mad

So you have to send a challenge to get a POPLA code. Just don't say who was driving nor imply it - so use a version of a challenge written in the third person e.g. 'the driver' did this and 'the car was parked' (not 'I' did this!).

Read around the forum as pretty much every thread has sent a first challenge letter to get a POPLA code, there are examples everywhere.

T25Camper

Aha I have already sent an appeal in via there website (before finding this one) so I think I may haveput my foot in it already with regard to who was driving!:eek:

EHBA

Here are a couple of threads from Pepipoo. This successful PE appeal related to PE's 'losses'. Slightly different to the OP's case but as the fee for one hour plus the evening tariff fee was paid as per the amounts shown on the signage, difficult for PE to claim they or the landowner lost anything

As regards PE's 'costs' of £100 a pop. We know these are a ludicrous overestimate but if they were accurate, their projected losses on 540k requests in one year from DVLA (equating to charges issued) would be £54million, before they'd taken a penny. Last year they turned over £13m and made a profit if £4m.

Does the PE bumph name a landowner ? I don't think the name of the landowner at Tower Road has surfaced on the forums as yet.

http://forums.pepipoo.com/index.php?showtopic=81202&st=0&#entry845699

However the next thread is a point of warning and relates to the 'exit' time as shown on the ticket. Even though the OP on this thread had fully paid for his 'stay' and returned in time.

http://forums.pepipoo.com/index.php?showtopic=81218

I quote POPLA's decision:

"It is noted that the pay and display machine issued a free ticket despite the Appellant paying £14, however it is the motorist’s responsibility to check on leaving the vehicle that all the terms and conditions have been complied with. The Appellant could have checked the expiry time displayed on the ticket and then contacted the Operator to seek advice.
Accordingly, this appeal must be refused."

When you get your POPLA code I am sure some of the experts will advise the right point(s) to appeal on.

Coupon-mad

T25Camper wrote: »

Aha I have already sent an appeal in via there website (before finding this one) so I think I may haveput my foot in it already with regard to who was driving!:eek:

That's not a problem really but sadly it means you have less points of appeal at POPLA stage unfortunately - you have just removed yourself from the protection given in the Protection of Freedoms Act 2012 which is no longer relevant as you've just said you were driving. There's less stuff for you to trip the PPC up on.

Whoops!

At least at POPLA stage follow our advice on that appeal and you should still win. Do not write a normal appeal yourself, mitigation and normal excuses are likely to lose whereas our POPLA appeals win.