ParkingEye £100 fine for 35min overpark Blackpool

jcbillington

Hi all,

I have read the Newbies guide etc, and I think this is worth an appeal - what do you think?

ParkingEye £100(£60) NTK received today for Church St/Caunce St in Blackpool on 16th June (exactly 14 days...). ANPR shows arrival at 19:05, leave at 22:46 (letter states 3hrs 40min). It does NOT mention the P&D ticket, which I still have, showing payment for 3 hours from 19:11 to 22:11 @£3.30. There was a delay in buying the ticket due to the closest machine being out of order, and a queue at the only working machine. Therefore, there is an overstay of 35 minutes.

I've discussed this with a friend who actually bought the ticket, and he is sure he bought the next option, which was 8 hours, so I am partly wondering if the machine was not registering coins properly. I am not sure of the exact price difference, but it is obviously not £100!

Is this worth an appeal? Will ParkingEye push it as much as possible? Would the GPEOL defence hold up with POPLA?

Obviously, I would rather pay nothing, but I would also rather pay £60 than £100, so I don't want to appeal if people don't think it is worth it.

Thanks in advance for any advice.

Redx

nobody can give you a guarantee as we cannot predict the future

but on any of these appeals , for any reason, ignoring circumstances of the day in question, EVERYONE HAS A CHANCE OF WINNING AT POPLA, if they use the correct appeal points

there are hundtreds if not thousands of appeals on here about PE so your post is nothing new

yes you should appeal to PE

yes they will probably refuse to cancel

yes you draft an excellent popla appeal and submit it

yes you are likely to win

if by some silly reason you failed, yes they are likely to go to court (so do not fail)

GPEOL ALMOST ALWAYS HOLDS UP WITH POPLA BUT NOBODY WOULD USE A SINGLE APPEAL POINT

only a fool would pay a penny and not appeal, as they rarely meet all the criteria , no locus , bad signage , bad anpr , not a gpeol

what happened on the day is not relevant and not an appeal point, so forget "what happened" and appeal the same way as hundreds of others appeal, on the usual points, there are even examples of PE appeals you can use, linked in post #3 of the NEWBIES thread

I read what you posted about what happened (yawn) and thought , who cares, just appeal in the usual manner, its not relevant

its also NOT A FINE ! , its a speculative invoice

Dee140157

Oh and because Redx has slipped up and not mentioned this in his reply:

It is NOT A FINE. It is a speculative invoice only police, courts and certain areas of the council can fine you. It is a legal term. If the paper work were to use the word fine anywhere, it would be fraud!

jcbillington

Thanks RedX, I will appeal. I only mentioned the specifics in case something like this had happened to someone else at the same car park and they had information on it. Cheers for your reply though.

jcbillington

Thanks Dee, I get that about it not being a fine, and I am not sure why I put it in my title.

fil_cad

Beware! Parking eye infest hundreds of carparks, not to raise standards as the BPA say they do but its purely to raise maximum REVENUE from soft touches who give in and pay the scumbags cash.

Dee140157

It's rare I get a chance to call Redx on a post, so I just had to add it! But seriously do fight this speculative invoice by following Redx' advice.

Coupon-mad

You'll win, I am certain. PE won't even submit any evidence to POPLA and the registered keeper (who will be appealing WITHOUT saying who was driving of course) can also argue at POPLA stage, on top of the usual ParkingEye POPLA template, an extra paragraph that the Notice to Keeper is defective and so there is no keeper liability.

I say this because it's a P&D car park. You've said 'It does NOT mention the P&D ticket, which I still have, showing payment for 3 hours from 19:11 to 22:11 @£3.30. There was a delay in buying the ticket due to the closest machine being out of order, and a queue at the only working machine. I've discussed this with a friend who actually bought the ticket, and he is sure he bought the next option, which was 8 hours, so I am partly wondering if the machine was not registering coins properly. I am not sure of the exact price difference.'

You have hit the nail on the head. If you read Schedule 4 paragraph 9 (linked in the NEWBIES thread under the first appeal template, a bit further down) you will see that a NTK has to state the amount of the parking charges which remain unpaid. PE Notices don't. No keeper liability then.

jcbillington

Thanks Coupon-mad, that's why I mentioned it as I thought it was odd that PE did not indicate that parking was actually purchased. Should I mention this in my appeal to PE or save it for the POPLA stage?

Dee140157

Add it as your final point. Someone sensible may then cancel it at the first stage. However don't hold your breath!

jcbillington

Thanks Dee.

The forum will not let me post a link, but am I right in thinking #2 in 'Yet another Parking Eye PCN' is the POPLA template I should use? As well as adding a section regarding the NTK not stating the unpaid charge?