Parking Eye, Tower Road, Newquay

mrblue_3

I got a PCN on the 21/8/2013 for £100 (reduced to £60 if you paid within 2 weeks bla bla). Well its the 2 week point and I never paid the lower amount believing I was going down the militant line as described on the main page.

Having read the notes on the main website I was going to send Parking Eye a letter stating the disproportionate fee as we were 23 minutes over but had paid for 3 hours, but that's all I've got. I read that meant you couldn't go to Popla as they don't accept that.

Then I stumble across these threads and read that I should be appealing. I'm all confused about what to do. Lost the chance to pay £60 don't want to have to pay £100 but not sure if I have much of an arguement other than they are sneaky swines!!

At the end of the day it stinks. We arrived after a 350 mile drive to Newquay so you get out have a stretch sort the kids out and decide what you are going to do, go and pay and then get back pretty much on time, load the car up and drive off. Its like you should have paid the second you pulled in. Well in that case out a barrier on the entrance!!

Anyone help me with how to play this?

Guys_Dad

Appeal to PPC.
Rejected with POPLA code
Appeal to POPLA with our help and win.

Initial appeal point is going to be unclear and non compliant signs.
POPLA Appeal points will be those that succeed at POPLA - see POPLA Decisions sticky thread last 4 pages.

Come back for help with your POPLA Appeal letter in due course.

EHBA

Have you still got the ticket by any chance ?

The length of your journey, kids etc are mitigating factors which are of no interest to Parking Eye or POPLA.

However on a peak summer day, time is obviously taken finding a parking place, walking to a P&D machine, possibly queuing and waiting whilst others read the parking tariffs etc, making the transaction.

This could also include finding a P&D machine that is working.

The Tower Road sings do not refer to staying, just parking. It is therefore almost certain that on a busy summer day you were actually parked for three hours and maybe a bit extra, which should be allowed as a grace period anyway. The rest of the time would have been taken up legitimately as part of the process of parking and paying.

I agree, it is scandalous what PE are up to in some of their 'tourist' P&D car parks.


Anybody else reading this can they find out, possibly from a Food Premises type register who owns the Bunker Caf! and Mini Golf TR7 1LS. I suspect they are the landowners. I've drawn a blank so far, they do not appear to be a limited company.

Coupon-mad

mrblue wrote: »

I got a PCN on the 21/8/2013 for £100 (reduced to £60 if you paid within 2 weeks bla bla). Well its the 2 week point and I never paid the lower amount believing I was going down the militant line as described on the main page.

Having read the notes on the main website I was going to send Parking Eye a letter stating the disproportionate fee as we were 23 minutes over but had paid for 3 hours, but that's all I've got. I read that meant you couldn't go to Popla as they don't accept that.

Then I stumble across these threads and read that I should be appealing. I'm all confused about what to do. Lost the chance to pay £60 don't want to have to pay £100 but not sure if I have much of an arguement other than they are sneaky swines!!

At the end of the day it stinks. We arrived after a 350 mile drive to Newquay so you get out have a stretch sort the kids out and decide what you are going to do, go and pay and then get back pretty much on time, load the car up and drive off. Its like you should have paid the second you pulled in. Well in that case out a barrier on the entrance!!

Anyone help me with how to play this?

Bit in bold is WRONG, you can appeal to POPLA on any grounds - and we know how to appeal to POPLA! So will you if you read a good few other threads.

http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

...apparently the appeal grounds are there to 'focus the motorists' mind'. Utter codswallop and clearly they must allegedly have been written by the BPA (with their scammer members in mind) when first setting up POPLA.

So, same advice as everyone gets from me at this stage, challenge it:

https://forums.moneysavingexpert.com/discussion/comment/63033637#Comment_63033637

Also there are several other Tower Road threads on here, one is at 'writing the POPLA appeal' stage right now on page one so don't isolate yourself on your own thread only, do read others (search the forum for the keyword 'Tower' or 'Newquay').

mrblue_3

Thanks everyone I'll crack on with it!

mrblue_3

Right. Its official. I'm a clown!!

I totally forgot all about this and never placed an appeal in time!! I dwelled on it for too long and not done anything about it so thought I better get a shift on.

Now I've read up a bit more my current thinking is that I haven't replied to any letters as yet and as far as they are concerned my wife was the driver, when in fact it was me. So I read that if we were to get a letter before going to court I could reset the appeals clock by informing them that my wife wasn't the driver (obviously drafted from my wife's persepective!).

So the big question: Should we write to them now and let them know or do we wait till we get one of these letters (on the grounds I'll be much better and act on it quickly!!)


Then I can start over again and go down the POPLA route again!

Any advice as usual gratefully received!!

Coupon-mad

The registered keeper should write immediately, in response to the most recent letter (whichever that was) and just say you have checked your diary and realise that the driver was {name and address}. Use the basic letter suggested by zzzLazyDaisy, on ordinaryJoe's thread and on others.

mrblue_3

Is it an issue that we are both at the same address?

Coupon-mad

Nope. That's been asked before. Nope.

zzzLazyDaisy

Here.... .

zzzLazyDaisy wrote: »

---

Dear Sirs

PCN ref xxxxxxxxx
Vehicle reg no XXXXXXXX

I am the Registered Keeper of the vehicle to which the above PCN relates.

The identity and details of the driver on the day in question are:

Name
Address

I refer you to para 5 of PoFA 2012 - as legal proceedings have not yet been started this discharges the Registered Keeper's obligations under PoFA. Any subsequent proceedings that may be issued against me will be defended accordingly, and an application to strike out made on the basis that the claimant has no cause of action against me.

I consider this matter to be closed.

Yours faithfully

PRINT NAME

---

Get this letter off straight away to the PPC. If they have an e-mail address, or a website online appeals service or similar, send it via that method. But given that an LBA has been issued, I would also send it by 1st class post (from the post office get a free certificate of posting).

mrblue_3

Right thanks for your help. I've drafted the letter and will be posting it this week as the LBCCC has arrived. Anyone know if they acknowledge this or will I just know when the new PCN in my name comes through the post?