Advice please re Parking charge notice from Park Eye in Newquay

GAJASA3

On Thursday I received a "parking charge notice" from Parking eye saying that I hadn't purchased the appropriate parking time or had stayed longer than permitted. The Charge due is £100 (reduced to £60 if I pay quickly). They say from their cameras that I entered the car park at 14.01 and left at 15.21. I still have my ticket (don't how as I usually clear my car out) and the ticket was from 14.07 to 15.07. The car park was really busy so it took me a while to find a place and there was a queue for tickets. I was back by 15.07 but I didn't know the way they worked with the cameras so didn't rush to get my car out of the car park. If I had known I would have driven out and parked in the road before I faffed ,checked messages etc.

I know the first thing I need to do is write to them and appeal with a coy of my ticket. Has anyone any advice re wording in the letter. Really would appreciate it as a £100 charge for overstaying by at worst 14 mins is scandalous.

Thanks

Guys_Dad

They will turn down any appeal as, on the face of it, you are "Guilty as charged"

You are on the borderline of a grace period, although this should be your appeal point.

You can also include non-compliant signage as most PPCs have that problem.

Have a look at the British Parking Assoc Code of Practice http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

Look at the section on Grace period and Signage.

I would say that the driver didn't park until 15.07 as the ticket says and with loading the car, joining the queue, appeared to be about 13 minutes over. You note that in other PE managed car parks 15 minutes grace is allowed.

You send a copy of the ticket to them asking for the ticket to be cancelled.

PE are pretty good at sticking to the proper date for notifying you, but, just in case, date of contravention and date of notice to Keeper, please.

When you do write, you write as the keeper and refer to "the driver" as if a separate person. In other words, don't admit to being the driver.

You ask for a cancellation or a POPLA code. Your appeal points Grace and Signs - nothing else.

Read some other threads and read the POPLA Decisions sticky thread to see how you will win.

That's it in a nutshell, but we will be around if it gets to the POPLA stage.

zzzLazyDaisy

Was this Fistral Beach? If so did you spend money in the cafe/surf shop/retail outlets? If so any chance you still have receipts or perhaps card statements as proof of purchase?

D

Coupon-mad

Is it Fistral or Tower car park which has a 20 minute grace period set by Britannia Industries (?) who lease/own it? The OP has only used a 20 minute grace period all told, which includes actually parking up and purchasing a ticket, then loading up and leaving, etc.

GAJASA3

It was Tower Rd.

zzzLazyDaisy

Coupon-mad wrote: »

Britannia Industries.

Nick Briant, Britannic Industries

OP write to Mr Briant, enclosing a copy of the ticket showing payment, explain what happened as outlined by Coupon -

Which is that although the PCN shows a 13 minute overstay as recorded by the ANPR cameras, the car park was really busy and the time included driving round the car park looking for a space, waiting for some time in a queue at the ticket machine, then having finally got the car parked, ticketed and unloaded, you did in fact return to the car within the time stamped on the ticket, but by the time you had loaded the car up [did you have children with you to strap in and get settled?] and drove out of the car park past the ANPR cameras again, it seems you had overstayed your welcome!

Say that you are aware that the BPA guidelines state that members using APNR must allow a 'grace period' for motorists to enter and leave the car park. You know that PE allows 15 mins in some car parks, and you have been told that the grace period at Tower Road is in fact 20 mins (although even on the shorter grace period, you still should not have been charged.

If you are a regular user of the car park, say so. If you, your family and friends are appalled at the fact that you have been charged £100 (or whatever) for using a busy car park on a busy day and so not being able to get in and out of the car park within the allotted time -say so. If this means that you are all now worried about using this car park or the one at Fistral beach which you know has the same regime - say so (you get the picture)

And ask for Mr Briant's assistance in cancelling the charge on this occasion. My experience is that he takes a reasonable approach to genuine cases. You have nothing to lose - and you may even gain a place on Coupon's 'Hall of Fame'

https://forums.moneysavingexpert.com/discussion/4766249

Obviously, at the same time, appeal to PE direct, enclosing the ticket and asking for the charge to be cancelled of a POPLA code issued, as outlined by Guy's Dad



Daisy

EHBA

JFChils wrote: »

It was Tower Rd.

Tower Rd is owned by Newquay Golf Club according to a poster a couple of weeks ago.

This stacks up because the tarmac car park is divided by a fence between the Golf Club and Tower Rd and the Golf Club already had Parking Eye in place.

The golf club car park operates on a register your number plate in the pro shop basis, not P&D. This may be the first 'season' that PE have operated Tower Rd for the GC as I think it used to be pay on entry

zzzLazyDaisy

Okay, in that case OP double check who the landowner is.

If it is the golf club then write to them, as above, but obviously omiting the bit about fistral beach as that is definitely owned by britannic.

Also if you have any receipts for cafe/retail spends (or card statements) mention your spends and enclose (redacted) copies both to PE and the landowner (PE is known for cancelling charges for genuine customers where spends are involved)

GAJASA3

Thanks for all the advice. I had actually gone down to the Harbour to watch the gig rowing finals and although had spent money it was at kiosks so so no receipts. I will send my email off tonight to parking eye and see what happens. Thanks again

EHBA

The furthest reaches of Tower Rd are some distance from the entry/exit and with slow moving vehicles taking great care to avoid groups of holidaymakers including children and courteously allowing other motorists to reverse in/out of spaces, there's afew more minutes.

The signs at Tower Road do not advise motorists to purchase tickets to cover the totality of the time spent in the car park. The time from 14.01 to 14.07 is irrelevant, at busy times in a 'holiday' P&D car park this is a reasonably fast 'entry to payment' time and can't be considered to be part of any grace period.

Apart from that there is a great recent POPLA win on pre-estimate of losses at Fistral in the POPLA decisions sticky from Icbandituk

GAJASA3

Parking Eye have now rejected my appeal so I have to now appeal to POPLA and try the land owner. I phoned Newquay golf club today and they told me that they own the land and franchise it out to Parking Eye. Any advice on what would be good to put into the letters to either?

Thanks