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Parking Eye Fine

edited 31 July 2013 at 1:16PM in Parking tickets, fines & parking
6 replies 760 views
ThejohnsysThejohnsys Forumite
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edited 31 July 2013 at 1:16PM in Parking tickets, fines & parking
I will try to be brief :p At the start of July I received a parking fine from Parking Eye (£100 reduced to £60 if paid within 28days) for being 10mins over the designated parking time at Southampton Port.

It said I was in the car park too long (limit is 30mins). I explained that I was in the waiting bay waiting to collect my elderly father from the IOW ferry. He got confused about the arrival times & was 15mins out. As he doesn't have a mobile phone I was not aware of this and had arrived at the agreed time at the waiting area which was our designated meeting place.

I had my children with me so didn't leave the car. I believe the waiting limit is 20mins but as that was our agreed meeting place, and he didn't have a phone, I decided better to wait there than go driving off and him worry if I wasn't there when he arrived. Plus it was a Sunday morning and the car park was quiet so didn't think it would matter if I overstayed a bit in the waiting area. As soon as he arrived we left straight away.

Never saw the signs in car park from Parking Eye advising of only being allowed in the car park for 30mins! I sent an appeal via the website giving the above information. Said they'd get back to me within 10 working days. That was three weeks ago.

This morning I received a letter from them telling me my appeal was unsuccessful due to the fact that the car park is 'pay & display'/ paid parking only and the records show a valid parking ticket was not purchased'.

This is utter nonsense as the only two areas to park in this car park is the waiting area, or permit only bays for employees and berth holders. It's obviously some generic spout as has no relevance to the actual appeal I've made- no ticket is required for the waiting bay and they've made no direct references to my appeal! Just a standard letter and appeal form for POPLA.

There is no information on the Parking Eye website giving contact details other than the automated payment line, or the generic faceless appeal form where they can't even be bothered to acknowledge receipt of an appeal, or provide you with a reference number for the appeal!

I am always one to fight tooth and nail and was considering appealing to POPLA. Yes i was over the time but have explained why, it was only a few minutes & the car park was virtually empty. Plus whats incensed me more is the rubbish letter they've sent following my appeal which is completely wrong anyway :rotfl:

Would i just be wasting my time if I appeal further or am I best to just ignore (general consensus on MSE forum seems to be if I ignore them long enough they'll eventually knock it on the head). Having had a quick scan on here at other threads seems it is all a bit of a con. If i was going to pursue the matter further, I found a good template letter on another thread about them not legally being able to pursue claims on land they don't own but wouldn't know where to send this to?? I just don't want to ignore it and end up owing more money and being pursued...

Any other suggestions welcome :money:

Replies

  • Guys_DadGuys_Dad Forumite
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    You MUST appeal to POPLA.

    Did they give you a POPLA code?

    If not, tell us as there is no reason why with that appeal - should I say almost suicidal appeal - they should not.

    Mitigation NEVER works with PPCs and you have given them chapter and verse about why you overstayed, admitting it etc.

    However, your POPLA appeal will be on different grounds.

    For a start, you are not clear on whether or not the car park is a 30 minute or 20 minute stay or how long you actually parked, according to your NTK - assuming you have had one of these.

    Are you 100% sure it is a free car park and no hidden terms (you get a ticket and then rebate off your shop spend, for example).

    If they have the wrong "offence" on the ticket, then it looks like game over for them but you need to be absolutely sure.

    Can you also supply date of parking, date of letter, windscreen or NTK or both.

    Thanks.
  • Thanks for your reply Guys Dad. So basically you are saying if I appeal to POPLA not to give the genuine reason & admit to the offence, just to plead ignorance?!

    POPLA code is on letter. Original 'ticket' was via post.

    Date of parking: 23/06/13
    Date of NTK: 28/06/13
    Date of Appeal: 03/07/13
    Appeal rejection letter received: 31/07/13

    Waiting area is free- I've waited there many times without issue. Its right by the ferry terminal for Red Funnel and is about 4/5 spaces long. Its the designated pick up/ waiting area for ferry passengers and is alongside the drop off zone. They have a number plate recognition thing that tracks your car in and out, then they work out your stay. If you go further down the car park into the pay & display bit it is a separate entity (still overseen by parking eye but they take number plate again & you enter your reg no when ticket purchased but they can differentiate between who is in which car park). The bit I was in only has visitor spaces for local businesses, berth holders etc which are all clearly marked as permit holders only, plus the drop off bit, a bus stop and the waiting bay which just has a sign 'waiting area- limit ... Minutes'.

    I'm down that way tomorrow so will pop in the car park and check the signage exactly and see where the PE signs are.

    The exact wording on the original NTK says I either did not purchase the appropriate parking time, or I remained in the car park for longer than permitted (obviously the latter).

    The reply on the appeal letter says 'We are writing to advise you that your recent appeal has been unsuccessful due to the fact that the car park is a pay-and-display/paid parking car park only. Our records show that you did not purchase a valid parking ticket for the appropriate parking time on the date of the parking event.' Which is not the case as the waiting area is free!

    ....
  • ampersandampersand Forumite
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    Hello op - off sujêt, but just noticed your splendid phrase 'generic spout':rotfl: and give notice of intent to plagiarise whenever occasion calls.

    Guys Dad's advice is spot on. Do not dignify their attempted extortion with the term 'fine' in any correspondence.

    Wishing you well.
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  • edited 31 July 2013 at 2:09PM
    Guys_DadGuys_Dad Forumite
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    edited 31 July 2013 at 2:09PM
    Brilliant NTK.

    They have specified an "offence" but you did not park in the paid for area.

    Dead easy.

    You appeal to POPLA on the basis of their appeal point 1 and 4

    The grounds on which you may make representations are:

    The vehicle was not improperly parked;
    The vehicle was stolen;
    The parking charge (ticket) exceeded the appropriate amount;
    I am not liable for the parking charge.


    With photographic evidence of the two areas, you simply state that you were not parked in the Pay area but in the waiting zone which is free. You are therefore not liable for the charge as set out in the NTK.

    That's my belief, but we have a couple of lawyers on here who may want to put their points (zzzlazydaisy for one).

    In your case, I would not flood it with all the usual points, but, belt and braces, others may advise differently and maybe lots of points would be no harm.

    Have a read of POFA2012 here http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted re what a NTK should contain (paragraph 7(1) - (5)and make your mind up for yourself. It's your money after all and I would hate to be advising incorrectly, but I do think you are on a winner here.
  • ampersand wrote: »
    Hello op - off sujêt, but just noticed your splendid phrase 'generic spout':rotfl: and give notice of intent to plagiarise whenever occasion calls.

    No worries... I have plenty more of my 'special' sayings so feel free to plagiarise where possible :D

    Thanks for the further info Guys Dad, seems like a good response so basically that's all I need to put in the appeal- No other info other than detailing points 1 & 4 as you quote, and going and bagging myself a few shots of the area tomorrow to accompany?

    Will await see if there are a couple more replies then will crack on with that one ;)
  • edited 14 August 2013 at 11:08PM
    Coupon-madCoupon-mad
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    edited 14 August 2013 at 11:08PM
    http://forums.moneysavingexpert.com/showthread.php?p=62180281&posted=1

    Have you sent it yet? Did you send Guy's Dad's version? I do suggest more points of appeal, as above.
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