Rugby parking at St Oswald Retail park Gloucester

Ilovesport2

I wonder if I could ask for some straight forward advice. I have received a PCN from Everything Parking ltd for £100 reduced to £60 for fast payment. I have been accused of overstaying a stay in the retail (free) car park by 22 minutes, identified by cameras. It was a Sunday evening, leaving at approx 10pm. When I arrived the car park was pretty much empty, when I left it was tumble weed time. I parked there because it was an official park and walk car park for the RWC 2015 game at Kingsholme between USA & Japan, my brother gave me the postcode over the phone. I was expecting to have to pay £6 for the extended stay but upon arriving their was no one to pay and no signage about where to pay.....I wrongly therefore assumed it was free, used the local McDonalds and went to the game. I have appealed to the company stating my fact, enclosed a copy of my ticket and the dialogue from the RWC2015 website stating parking options, I have also stated that because no shops were open £60 seems a little steep but I am more than willing to pay the £6 I was expecting to have to pay. I have received an automated reply saying they will get back to me in 28 days. After reading the threads it seems as though it will be denied......what do I do next.

Guys_Dad

Not so much a letter to them but the parking equivalent of a suicide note, I am afraid.

As you have given them all the information they need to win in court, mitigate your losses and pay them the £60.

Edna_Basher

Everything Parking Ltd's Notices to Keeper are hopelessly non-compliant and an appeal as "keeper" would have been an easy win on the basis of their failure to comply with Schedule 4 of the Protection of Freedoms Act 2012.

Unfortunately having outed yourself as the driver, this easy route to cancellation is no longer available to you.

Nonetheless, all is not lost and a challenge may still succeed if you're prepared to do your homework. You could still win a POPLA appeal on other grounds e.g. if you were able to demonstrate that the car park signs were inadequate / poorly lit etc. or if EPL was unable to prove that they had the landholder's authority to operate at the Retail Park.

Half_way

Get any idea of paying the shysters any money out of your head, you have POPLA available use it.

You may have outed yourself as driver and given them a little too much information, but take it as a learning curve/experience. Read the sticky thread, take in the information dont pay the ppc, and come out of it better informed and able to help others as well

Coupon-mad

Ilovesport2 wrote: »

I have received an automated reply saying they will get back to me in 28 days. After reading the threads it seems as though it will be denied......what do I do next.

Re-read post #3 of the NEWBIES thread which tells you what to do when rejected at first stage. Already covered there for BPA and IPC members.

pogofish

Hang-on!

Didn't St Oswald require that all money went to Worcester or York?

Ilovesport2

It's been well over 28 days since I received the automatic response to my appeal with the parking company and I have heard nothing back. What do I do now? Do I forget all about it or do I contact them? Don't need a court summons through the post after they falsely accuse me of not paying or appealing properly. I want to go to popla if my first appeal has failed.(and not been told)

Castle

Ilovesport2 wrote: »

It's been well over 28 days since I received the automatic response to my appeal with the parking company and I have heard nothing back. What do I do now? Do I forget all about it or do I contact them? Don't need a court summons through the post after they falsely accuse me of not paying or appealing properly. I want to go to popla if my first appeal has failed.(and not been told)

You need to keep waiting, because, if you receive no response within 35 days your appeal is deemed to have been accepted under the BPA's Code of practice.

Ilovesport2

I've done my maths and I believe it's been 50 days since I lodged my appeal and I have heard nothing. Is there any history of companies trying to blag that they have made contact and I just haven't seen it? I have checked my junk mail and inbox and I'm certain that I have had nothing through the post!!

The_Deep

Guys_Dad wrote: »

Not so much a letter to them but the parking equivalent of a suicide note, I am afraid.

As you have given them all the information they need to win in court, mitigate your losses and pay them the £60.

Do no such thing, they are tidders

https://companycheck.co.uk/company/06721220/EVERYTHING-PARKING-LIMITED/summary

net worth about as much as a five year old Astra.


Could they afford to lose a court claim I wonder?

Umkomaas

Write to EPL telling them that as they have failed to comply with the two timescales detailed in the BPA Code of Practice (compliance with which was an assumption made by the Court of Appeal Judges - the highest court in the land - in reaching their decision in the Beavis case) your appeal is taken as accepted and the charge cancelled.

22.8 You must acknowledge or reply to the appeal within 14 days of receiving it. If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject
the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed.We may require you to demonstrate that you are keeping to these times

Send this first class post with a free certificate of posting (not 'Signed For') and send a copy, same posting procedure as above, to the BPA.

Steve Clark
Head of Operational Services
British Parking Association
Stuart House
41-43 Perrymount Road
Haywards Heath
West Sussex
RH16 3BN