Help: PCN Tower Road Newquay

Intellie

Hi I wonder if anyone can help me. I have been reading through the various posts and it seems we parked in the car park of a bunch of cowboys quite frankly during our holiday to cornwall earlier this month.

So we arrived at tower road car park in Newquay took a little time to park (trying to find a shady spot for the car as we have dogs and try to keep the car as cool as possible whilst we are away from it - NB we would not dream of leaving the dogs in a parked car to be clear!). We then sought out some change for parking and went to have a look at the charges. My husband then came back to consult on how much time we needed, we agreed and bought our ticket.

On our return to the car we gave the dogs a drink, loaded us and them in and went on our way. Admittedly we were delayed slightly as I was experiencing some pregnancy pains and had to pause to get my breath.

Now the PCN we have received says that we were in the carpark for 3hrs 29mins from the point we entered to the point we exited. What ground do we stand on with this? It doesn't actually say we have/haven't bought a ticket and TBH I can't prove we did as it is now 11 days after the incident. From memory we paid for 3hrs which means we probably had 15 mins either side of this for actually parking our vehicle, getting change and loading kids, dogs etc.

What is seen to be reasonable on this basis. It feels outrageous to be charged £100 when we have bought a ticket - but as I say I can't prove this. It's not like there is a drive through ticket machine! I understand the land to be owned by Newquay Golf Club and then they hire ParkingEye to manage it.

Do you think we have a leg to stand on in an appeal? We did receive the notice within 14 days but they don't know who the driver is and the images are of entry and exit not of the vehicle being parked.

Thoughts greatly appreciated. From the posts I understand the process to be

Appeal to parking eye and ask for POPLA ref
Get rejected
Write to POPLA with details of the situation

Is this right?
Many thanks

Redx

no its not right ! , not at all

but we do agree these charges are outrageous which is why they are featuring in the daily mail this week

now I assume you have read the NEWBIES sticky thread at the top of this forum?

if not , please do so asap

then use the template appeal in there to appeal to the PPC

if they reject the appeal and issue a popla code, draft an appeal to popla

ok so far /

now here is the IMPORTANT BIT

your appeal will have nothing to do with "what happened" so telling popla about the story you have written above would see you LOSE ! no question (they even tell you this on their website, no mitigation allowed)

the way to win at popla is by legal arguments, not mitigation or stories, so you use legal arguments as detailed in the links from post #3 of the NEWBIES sticky thread , to popla

popla wont care what happened on the day, they care about your legal submissions, so no need to bore them with the events of that day, just legal arguments

good luck

PE took one to court for ivor pecheque on here, and lost in court, due to driving round and exiting isnt parking, note, that was a court case in altrincham

you are appealing to popla , so not necessarily a good argument at popla but brilliant in court

1) Do you think we have a leg to stand on in an appeal?

2) We did receive the notice within 14 days but they don't know who the driver is

3) and the images are of entry and exit not of the vehicle being parked.

1) everybody has grounds foir appeal, even the £100 invoice is not a ggpeol and so is grounds for appeal

the main issues to appeal are , not a gpeol , no contract with landowner, bad or inadequate signage (plus a few more like anpr etc) - so yes you have 2 legs to stand on and more for your appeal

2) irrelevant as they can target the RK using POFA 2012 from OCT 2012

3) correct, according to the judge in that altrincham case

getting popla to agree to that one may be a tad harder, not you never know


you will win this on not a gpeol imho

Ivor_Pecheque

There are three PE car parks on Tower Road, one actually owned by a Church http://www.mostholytrinity.co.uk/

Had an interesting chat with Father Brian, a few months ago, sent him a link to the Cancer Scandal as highlighted in the Daily Mail today.

Intellie

Thanks so much for the advice. Have now as predicted received a rejection from Parking Eye and am about to send through the appeal to POPLA based on the sticky thread recommended for Parking Eye POPLA appeals.

Hopefully this should do the trick as I am still feeling jolly miffed that they can get away with this. Glad the Daily Mail exposed them for sure earlier this month .