Parking Eye PCN

peck81

Hi,
I'm really sorry guys because I'm sure you are fed up of dealing with this but I've just received a PCN from parking eye after overstaying in tower road car park in Newquay while on holiday. The letter includes the number plate recognition saying I was 22 mins late and asking for £100. I have read lots from previous threads but seems as tho the advice given is really varied and possibly down to individual circumstances. Due to being on holiday we were late back because we simple couldn't find our way back to the car park in time. Should I just accept the fine and pay or is there something I can do about this completely unjust fine.

Any advice is gratefully accepted

Thanks
Martin

Guys_Dad

peck81 wrote: »

Hi,
I'm really sorry guys because I'm sure you are fed up of dealing with this but I've just received a PCN from parking eye after overstaying in tower road car park in Newquay while on holiday. The letter includes the number plate recognition saying I was 22 mins late and asking for £100. I have read lots from previous threads but seems as tho the advice given is really varied and possibly down to individual circumstances. Due to being on holiday we were late back because we simple couldn't find our way back to the car park in time. Should I just accept the fine and pay or is there something I can do about this completely unjust fine.

Any advice is gratefully accepted

Thanks
Martin

There is no varied advice except:

1. If you live in Scotland.
2. You are too late or too far down the chain to use POPLA
3. If the advice came from spacey2012 or Buzby, the latter being in Scotland.

The advice is simple.

1. If you have receipts and it is a retail site you can go to the landowner over the PPC's head.
2. Mitigation doesn't work, so 99% of appeals fail on mitigating grounds.
3. You appeal to the PPC with a reason that will probably fail but will get you a POPLA code.
4. You do that in time prescribed by POFA.
5 You get the code, and you appeal to POPLA with the technical arguments that can be found on this forum.


Now, within that list there are variations that could apply to disabled drivers, notices sent to you that are out of time and other circumstances, but, in general, that's the routine.

Do you stand a chance? Of course, or we wouldn't be wasting our time.

Is there a risk? Yes. You could lose if you go it alone and have to pay the full amount and up to £50 on top costs.

Read POPLA Decisions thread at the top of this forum and concentrate on the last 2 or 3 pages. Ignore the Parking Prankster's cases as he was trying out defences to see what might work and will get the right results in court.

So, back to your case.

Date of contravention?
Date of letter through post?

peck81

Hi, thanks for your advice.
The park was not a retail park but a private park using parking eye to catch anyone clearly 1 minute late.
The date of contravention was 26/8 and I received the letter on 1/9.
I am thinking of saying that I was at the car on time but waited for others to use the facilities after I got back as the cameras were on the exit to the car park and not showing my car actually parked in a space. Would that work?

Thanks
Martin

Guys_Dad

peck81 wrote: »

Hi, thanks for your advice.
The park was not a retail park but a private park using parking eye to catch anyone clearly 1 minute late.
The date of contravention was 26/8 and I received the letter on 1/9.
I am thinking of saying that I was at the car on time but waited for others to use the facilities after I got back as the cameras were on the exit to the car park and not showing my car actually parked in a space. Would that work?

Thanks
Martin

No. You were on the premises for the stated time and whether you were in the car or not is irrelevant.

If you had been there for under 15 minutes, we could have gone for the Grace period option, but not if you were over.

Your best bet is to say that you did not leave the car and that their entry signs were insufficiently clear for anyone driving in to see the t&c.

If they don't agree, send you a POPLA code.

It is at POPLA that you will win with technical arguments such as are in the POPLA Decisions sticky thread.

Write to them as the Record Keeper, keeping it in the 3rd person such as "I am the record keeper of vehicle xxxxxxx. The driver did not see.......... etc"

But get your soft appeal in expecting it to fail but do it soon.

Umkomaas

Write to them as the [STRIKE]Record[/STRIKE] Registered Keeper, keeping it in the 3rd person such as "I am the [STRIKE]record[/STRIKE]Registered keeper of vehicle xxxxxxx. The driver did not see.......... etc"

Is your predictive text playing up GD. I've sorted it for you!

peck81

Hi.
Thanks again.
Can you just clarify what you mean when you said to say I didn't leave the car?
Thanks

Ashlar76

Hi All - I am in similar situation to that posted by Peck81 and am looking for help and advice. I too received a parking charge notice today of £100 for overstaying 22 minutes at a retail park which was free parking for 2 hours. My passenger was a blue badge holder which was displayed and we were parked in a disabled bay. We believed that blue badge holders were not time restricted as this is the situation with local authority parking. I would be grateful of any pointers. I am a pensioner and can't afford a £100 penalty for 22 minutes overstay.

Coupon-mad

Ashlar76 wrote: »

Hi All - I am in similar situation to that posted by Peck81 and am looking for help and advice. I too received a parking charge notice today of £100 for overstaying 22 minutes at a retail park which was free parking for 2 hours. My passenger was a blue badge holder which was displayed and we were parked in a disabled bay. We believed that blue badge holders were not time restricted as this is the situation with local authority parking. I would be grateful of any pointers. I am a pensioner and can't afford a £100 penalty for 22 minutes overstay.

Your case is completely different because you are protected by the Equality Act 2010 and they can't legally expect you to keep to the same arbitrary time limit. They are also prohibited under the BPA Code of Practice from putting a fake PCN on a car displaying a Blue Badge, or even posting one later - but no doubt they have no way to check (which is obviously UNFAIR and UNLAWFUL!). Not that Blue Badges apply on private land like this because they DO NOT; the Equality Act does though!

You need to read the current other threads on the forum and start your own thread here:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

See the blue 'new thread' button top left above the threads & titles. You WILL NOT END UP PAYING THIS FAKE PCN YOU KNOW, SO SLEEP WELL TONIGHT!!

Coupon-mad

peck81 wrote: »

Hi.
Thanks again.
Can you just clarify what you mean when you said to say I didn't leave the car?
Thanks

Don't think he meant much by it and it's not overly relevant to an appeal that is going to be rejected anyway and regarding which, you ONLY want a POPLA code anyway! The first challenge is a fishing expedition to get that code, we don't care if they reject it and we know they will!

To learn more about what people in your situation have done already, why don't you simply search the forum for the single keyword 'Tower' or 'Newquay' using the 'search this forum' heading on the right above the new threads on page one of the parking board. Change the default search to 'show posts' and you will see other people recently talking about Parking Eye PCNs in this car park (and at Fistral beach, another common one). We have several threads about both these Newquay car parks, and most others are much further along the appeals process than you, which will help when you read their experiences.

Then do the same sort of search for the keyword 'POPLA' if you haven't yet got up to speed with what that involves and to get an idea of POPLA appeal winning wording. We win 100% of POPLA appeals against PE so no worries!

Of course no-one pays and OF COURSE a private firm cannot 'fine' you!

Guys_Dad

Umkomaas wrote: »

Is your predictive text playing up GD. I've sorted it for you!

Yes. Wretched tablet and predictive text plus lazy proof reading. Thanks.

Umkomaas

Guys_Dad wrote: »

Yes. Wretched tablet and predictive text plus lazy proof reading. Thanks.

I get the same problem, I really have to be so careful, especially after making amendments to text, it can turn into real gobbledygook.

I spotted someone's forum signature which said something to the effect - 'I'm not illiterate, I'm just using an iPad' :rotfl: