Tower Road, Newquay

salmosalaris

Change para 1 to this

1. I am the registered keeper of vehicle xxxxxxxx .There was no breach of contract . I can confirm that the driver fully paid for the period of parking in accordance with the signage. This can be confirmed by a supporting independent witness statement . ( see attached ). I can only assume that either the machinery is faulty or possibly an incorrect VRN was entered but in either case there is no loss caused to Parking Eye at all let at alone one that can justify a claim for £100-00. I demand Parking Eye produce evidence that payment was not made if they believe it was not .
Unfortunately Parking Eye have not explained the justification for their charge so I am having to try and make assumptions as to why they are attempting to impose their trumped up penalty. The driver paid originally for 3 hours, then in accordance with the signage which states "additional time may be purchased if required" payment was made for adequate further time prior to leaving . If Parking Eye are attempting to assert that payment for all day was required for the stay I would remind the assessor that under the principle of Contra Proferentem and UTCCR 1999 any ambiguity in the term of a contract must be read in the manner most beneficial to the consumer. All Day parking is described as 8am -10pm , the vehicle was not parked for that length of time .
Additionally Parking Eye have produced two images of the vehicle entering and leaving the car park with supposedly accurate timings . Firstly I demand that Parking Eye produce independent verification that these timings are accurate and can be relied upon as evidence. Secondly the timings are irrelevant for the purposes of measuring the parking stay. They are taken at arbitrary positions at the entrance and exit of which the driver would be unaware. The supposed stay has taken no account of reading the terms and conditions , making payment , finding a parking bay and parking and then leaving the bay making it available for another vehicle and finally exiting and all of this in a busy car park . I put Parking Eye to strict proof that the vehicle was parked for longer than the time paid for because so far they have provided none whatsoever, and I deny that it was

Parkrage

Well, I started filling in the POPLA form online, as they requested.

I successfully pasted in my 'Reasons for Appeal', and the 'Witness Statement' underneath; but I couldn't paste in the photograph. So clicked 'Submitting Evidence' and a form appeared into which I had to ey in the 'Verification Code' again. So I keyed in the POPLA Reference Number, and received a message saying 'Invalid Number'. Thinking I'd mis-keyed it I typed it in again even more carefully, only to be confronted by the same message.

Any ideas? Otherwise I'll just post it. <grr>

Umkomaas

So I keyed in the POPLA Reference Number, and received a message saying 'Invalid Number'. Thinking I'd mis-keyed it I typed it in again even more carefully, only to be confronted by the same message.

Any ideas? Otherwise I'll just post it.

See this:

http://parking-prankster.blogspot.co.uk/2015/07/popla-website-down.html

salmosalaris

You could end para 1 just to clarify

With reference to the signage what actually is a stay ? I would assert that again under the principle of Contra proferentem "stay" must be read in a way that is most beneficial to the motorist which in this situation was the time the vehicle was actually occupying the parking bay , a time fully paid for

miniminimoza

i've just had the same!!! We tried to text to pay twice, no reply. so we paid for 5hours and then returned to top it up to £6 (which the sign said was the daily rate)....I also saw the sign that said don't worry if you've been gone for longer, you can pay later!!

our letter is exactly the same, no mention of us paying or why we have received the letter.

can I ask what has happened to your fine?

i'm about to send off an appeal online...could do with a photo of the sign though. luckily i still have the parking tickets and a screenshot of the SMS i tried to send.

thanks

Parkrage

Hello miniminimoza. Sorry, haven't been on this site for a while.:o. I had a lot of help from Salmonarsis (spelling!) above before sending off my POPLA Appeal. Had a letter back from POPLA saying that they would be considering it early in September (2nd I think) . Also, I've just been reading through a few of the thtreads above, and gather that POPLA are running behind in their Appeals. Have you appealed yet?

Parkrage

Ivor Percheque http://forums.moneysavingexpert.com/member.php?u=2276256 has photos of Tower Road car parks on one of his threads. Just been searching for the correct link, but unfortunately can't find it.

DollyDee_2

see post #34 on this thread, page 2

GoonerKJ

Hi All.

I'm new to the MSE forum after searching for more information on this subject, which has come about through an issue with Parking Eye and the car park at Tower Road.

My issue is slightly different to the above. I received a notice from PE after visiting Tower Road earlier this year and I responded with copies of my tickets showing that I had paid twice to cover the full length of my stay. They responded with a rejection and no reason for the rejection. Now this is where I think I have gone wrong.....

Out of protest and annoyance I ignored their response and I did not then lodge an appeal with POPLA within 28 days. Today I have received a letter from PE threatening court action. I'm abit worried to be honest. What do I do? Hold out or pay the ridiculous £100 fine? Can I still lodge an appeal to POPLA? Their website is quite clear about responding in 28 days.

PE are requesting payment within 14 days, but the trouble is I go on holiday for two weeks in 48 hours!!

Have I shot myself in the foot? Is there any sensible way out of this other than to pay?

Please help.

P.s - thanks for all the useful information you guys post on here. The knowledge is mind-bending!!

Parkrage

Hi GoonerKJ.

Regret to say you need to post this in a new thread in order to elicit replies. I guess from what you say though, that this advice has come too late :-(