Parking Eye - Debt Collectors letter for 30 sec overstay.

bazster

Ha, serves me right for researching too deeply, Pranky beat me to it by a considerably longer period than a ParkingEye overstay!

I notice that the church website states "Free parking on Church Grounds until 1pm – so no excuse not to stay for a coffee and cake after Mass!" However, it fails to warn of the consequences for staying until 13:00:30.

liseylou

Dawn74 wrote: »

We parked in the Trinity Church car park in Newquay whilst on holiday.

Dawn - is this car park also known as 'Tower Road'?

You may like to follow my post as I am off to court next month for a 22 minute overstay.

trisontana

bazster wrote: »

Ha, serves me right for researching too deeply, Pranky beat me to it by a considerably longer period than a ParkingEye overstay!

I notice that the church website states "Free parking on Church Grounds until 1pm – so no excuse not to stay for a coffee and cake after Mass!" However, it fails to warn of the consequences for staying until 13:00:30.

Why on earth is a church getting mixed up with these cowboys? Reminds me of a notice I saw on the island of Trinidad many years ago:-

"Trespassers will be prosecuted to the full extent of the law"
It was signed "The Sisters of Mercy Convent".

Shielder

They have probably had problems with people parking in their car park during times when the church is in use. A sharp eyed 'employee' of the PPC has probably noticed the problem somehow and offered their 'services' to the church.

Now the church either stumbled into this thinking that the PPC had a legitimate business model (not knowing the history of such companies) or, they know all about the model and don't care. Personally, having experience of the way in which churches work, I think they were hoodwinked by the PPC (yes, we'll solve your parking problem) and stumbled into this problem. Now, because of the stringent penalty clause built into the PPC contract, they'll be stuck with the PPC for a number of years, and all the bad feeling it'll generate.

It may be a good idea to contact the vicar and ask about the contract. The vicar may let a member of the church see it and if that member happens to be a member here, then certain relevant details may accidentally be revealed... (Not that I am advocating breaking any confidentiality agreements you understand, but, mistakes can be 'innocently' made. Just look at the record of the PPCs).

Andy

The_Deep

Why on earth is a church getting mixed up with these cowboys?

Could it be that chancers are taking advantage, parking there for free while spending a day on the beach, and the sinners have nowhere to park.

Even in private residential car parks, riff raff will park where they have no entitlement, just to save themselves a measly few quid.

Without any recourse, other than employing a PPC, what tools does a private landowner have? It takes four weeks to get RK detailsfrom the DVLA, costs a fiver, you have no idea who was driving, you cannot immobilise the car.

Legalise keying says I!

bazster

The_Deep wrote: »

Why on earth is a church getting mixed up with these cowboys?

Could it be that chancers are taking advantage, parking there for free while spending a day on the beach, and the sinners have nowhere to park.

Even in private residential car parks, riff raff will park where they have no entitlement, just to save themselves a measly few quid.

Without any recourse, other than employing a PPC, what tools does a private landowner have? It takes four weeks to get RK detailsfrom the DVLA, costs a fiver, you have no idea who was driving, you cannot immobilise the car.

Legalise keying says I!

It's a paying car park, they want people to park there and spend the day on the beach. The alternative to a PPC? Employ someone local on minimum wage to sit in a hut at the gate at peak times, take money and issue tickets as people arrive, and take the registration numbers of vehicles overstaying their welcome. The keepers can then be sent letters requesting the price of their overstay and the costs of pursuing them for it, probably £20 all up.

Or if you're going to have the entrance manned you could even erect a cheap, manually-operated barrier, issue tickets as people arrive, and have them pay on exit. That would be perfectly legal.

You don't need to know who was driving, POFA 2012 Schedule 4 says so.

Dawn74

Wow thanks for everyone's input. My head is swimming with legal points, letter templates and case studies. :-/

The car park is tower road, newquay and the landowner is not the church but the Newquay golf club next door. I have written to them asking them to cancel the ticket from PE but I don't hold any hope, I have a suspicion they really won't give a damn and will not reply.

I'm not sure why the DVLA would be interested either ?? - if they had any morals they wouldn't sell people's details in the first place.

Thank you parking prankster for your advice and case study with reference to the Hill-Dickinson case. I will use this. But there is a big "unfortunately"......here it is ....

Unfortunately because I did not recieve a reply from PE after my appeal letter I kept the documents for another year but then disposed of them about 2 months ago ! - yes I know I am stupid, I didn't think that they would send debt letters over 15 months later. (Maybe that's what they were hoping for !!)
So I haven't got a copy of the PCN now. :-/

That's why I think this is not going to go my way. I will fight with all my might and with everyones help but I have to be realistic and at the moment they are winning!!

Can I ask for a copy of the PCN from PE? - do they have to send one if I request it ?

Dawn74

Just found a section in the British parking code of practice - section 13.4 ref Grace periods :

"You should allow the driver a reasonable period to leave the private car park after the parking contract has ended before you take enforcement action"

I don't think 30 seconds is a reasonable amount of time .... That's the time it took to drive across the car park to get out!!!

Do you think I should be quoting this when PE come back with my rejection letter?

I have also read that PE lease the land on Tower Road, Trinity Church from the Golf Club. And the golf club have confirmed that they own the land !!!

Does being the leaseholder give PE the right to proceed with court action? is this correct?
And if the landowner, as the Golf Club confirmed is them, why have they no say in what is happening on their land? - and why can't they enforce ticket cancellations?

Coupon-mad

You should be quoting that '30 seconds' and the fact you did appeal but got no reply, in an email complaint to the BPA tomorrow. It can't be helped you've now thrown away the copies because you know what happened and you are complaining about it, so the BPA have to investigate.

I wonder if in fact you put in the wrong car reg with a typo, so be aware that may have happened but it doesn't mean you have to pay and PE still had to respond to an appeal at the time. If they tell the BPA they did then demand a copy of the reply they reckon they sent.

Dawn74

Thanks coupon-mad I will do just that today.