Tower Road Newquay - ParkingEye/POPLA

josingh20

Hi all,

I'm a newbie here. :j

Read through the forum. Found similar in my position. I have already written to Parking Eye and got a POPLA code. I have just lodged an appeal now with POPLA this evening.

Grounds for appeal:

Parked at Fistral Beach car park at Newquay, and was visiting for the day with my wife and young 10mth old son. Car park demanded pay & display, but also your car registration details. 1hr was paid for and I have the ticket as proof.

ANPR has me as entering at 13:05 on the day. Ticket was paid for at 13:12 (ten mins of looking for and waiting for a car parking space). 1 hr was paid for at 1.50. after 1 hr we returned to the car and cleaned off sand etc, loaded car, fed son who was crying for milk. ANPR then has me down for leaving car park at 14:27.

Is there not a grace period? The appeals process did not take into account the queue getting out of the car park on a hot summer day, let alone queuing getting into the car park looking for a space.

To say that I was surprised, nee, angry to receive the so called parking charge notice, is an understatement. I am not a car parking ticket dodger, and I did everything the car park asked me to.


Feel free to share your thoughts/comments please.

Ivor_Pecheque

Just to be clear, there are several car parks in this area.

"Fistral Beach" car park is off Headland Road (The Beach Car Park) and is run my SMART.

There are several car parks on Tower Road, which is the run in to the beach. They are operated by Parking Eye.

More details here... https://www.youtube.com/watch?v=swJ_elscsJM

Umkomaas

Was that your POPLA appeal, verbatim?

Coupon-mad

I have just lodged an appeal now with POPLA this evening.

Oh dear, why rush that? You can't add to it now. Oh dear - you had 28 days. I hope you copied from this one, this is how to win re Tower Road:

https://forums.moneysavingexpert.com/discussion/5317558

Your only saving grace will be the chance you will get next month to comment on the 50 pages of evidenc ethey will swamp you with, unless you did submit a decent POPLA appeal like the example.

It's the one linked as a recent example of a POPLA appeal on the NEWBIES READ THIS FIRST' thread so if you missed it and talked about what happened, you are stuffed unless you counter it well at 'comments' stage.

So, what was your POPLA appeal?

Parkrage

josingh20: Also write a letter to the Manager of Newquay Golf Club (who own Tower Road car park) demanding that they write to Parking Eye to rescind the charge (you will see a good letter suggested in the thread that Coupon-Mad has referred to above). The more complaints they get, the better!

Also, write about your experience to the Newer Newquay Facebook page, which has a thread concerning the activities of Private Parking Companies.

josingh20

Umkomaas wrote: »

Was that your POPLA appeal, verbatim?

Hi There,

Only just seen I had replies here. Thanks for you reply.

No, that was not my verbatim reply, although was the grounds. This is what I supplied:

Dear Mr Singh

Thank you for contacting POPLA.

Please find below the evidence you have provided for your appeal;

IT is not the case that I entered the car park and then not bought a ticket. A ticket was clearly paid for and I am being asked to pay for either staying beyond the period paid for or for remaining in the car park longer than permitted. The signage does not clearly define "longer than permitted". I have uploaded a copy of the ticket I paid for.

I was issued with a parking ticket on 19th September 2015 but I believe it was unfairly issued.
After entering the car park with my family, we spent 10 minutes waiting for a car parking space to become available. We then PAID for a parking ticket (including entering the car registration mark) for 1 hour at £1.50. The ANPR marks me as having entered the car park at 13:05. I paid for my ticket at 13:12. We then returned to the car within the 1 hr paid parking period with my 10mth young son, pram and all from the beach, cleaned off, loaded the car, fed tired hungry baby and then proceeded to exit, which was busy and queuing for approx 10mins to get out of the busy summers day at Newquay car park. The ANPR says my car exited at 14:27.
In addition, the charge is disproportionate and not a genuine pre-estimate of loss. The amount charged is not based upon any genuine pre-estimate of loss to ParkingEye or the landowner.
In my case, the £100 charge being asked for far exceeds the cost to the landowner of £1.50. I therefore feel the amount ParkingEye have asked for is excessive.
There is also insufficient signage to suggest any grace period when exiting the car park.

On top of dashboard.

Kind Regards

POPLA Team


Not sure if in hind site this now sounds contrite? Its factual and tried to use the advice off the newbie form. I even used the template letter.

josingh20

Coupon-mad wrote: »

Oh dear, why rush that? You can't add to it now. Oh dear - you had 28 days. I hope you copied from this one, this is how to win re Tower Road:

Your only saving grace will be the chance you will get next month to comment on the 50 pages of evidenc ethey will swamp you with, unless you did submit a decent POPLA appeal like the example.

It's the one linked as a recent example of a POPLA appeal on the NEWBIES READ THIS FIRST' thread so if you missed it and talked about what happened, you are stuffed unless you counter it well at 'comments' stage.

So, what was your POPLA appeal?

That was actually the first one I found when I read the Newbies thread and then I posted my appeal. I had already appealed to Parking Eye, then to POPLA last week. Appeal was as above.

I did try to take into account all the advice given, but looking back, I may have been a bit too hasty like you suggest.

Its annoying and frustrating for me as my wife did say, "shall we get another ticket" just before we left. And now I look like a mug!

Plus its a company car so I wanted to deal with it quickly. Currently waiting for the evidence to arrive.

josingh20

Parkrage wrote: »

josingh20: Also write a letter to the Manager of Newquay Golf Club (who own Tower Road car park) demanding that they write to Parking Eye to rescind the charge (you will see a good letter suggested in the thread that Coupon-Mad has referred to above). The more complaints they get, the better!

Also, write about your experience to the Newer Newquay Facebook page, which has a thread concerning the activities of Private Parking Companies.

Thanks - good idea.

Umkomaas

You'll need to do a thorough demolition job on any Evidence Pack (EP) that PE submit. Not sure your POPLA appeal is strong enough right now. You've touched some of the correct buttons, but not pressed them hard enough in my view.

Hopefully PE will send their template EP - 40/50 pages long, so prepare yourself for that dropping through your letterbox. You can then go to town on it and hope POPLA deal with the areas you then rebut that were not included in your original appeal to them. You need to do some advance preparation now, as you only get 7 days to rebut an EP - and they could fall over the Christmas break when there will be other, obvious, distractions.

Here is the standard response I use to guide those seeking advice on how to rebut an EP - links in it will help you prepare.

Here's an excellent example of how one poster dealt effectively and comprehensively with a PPC's Evidence Pack. I'm sure this will give you plenty of ideas on how to handle your case.

https://forums.moneysavingexpert.com/discussion/comment/67385911#Comment_67385911

And another one to consider.

http://forums.moneysavingexpert.com/showpost.php?p=67402366&postcount=26

And a further one.

https://docs.google.com/document/d/13uLICVZ13MeT7Q_4qzJUIyAn-jtVJUIVeCaaINpI2U8/mobilebasic

Please note, some of these examples are now a little dated in the context of the fast moving world of private parking, so you need to be careful about blind copying and pasting anything that 'looks good', and especially in the context of Beavis. But they do provide an insight into how to make a start on your rebuttal.

josingh20

Umkomaas wrote: »

You'll need to do a thorough demolition job on any Evidence Pack (EP) that PE submit. Not sure your POPLA appeal is strong enough right now. You've touched some of the correct buttons, but not pressed them hard enough in my view.

Evidence pack received late Tuesday afternoon, have been out the country until yesterday. So am looking at this today.

PE have sent nearly 50 pages of "evidence" showing their signage. I am not disputing their signage, as I did purchase a ticket.
The difference comes from the time i entered to the time i left according to ANPR. I entered at 13:05 and a 1hr ticket paid for at 13:12. That is a difference of 7 mins to wait and find a car parking space. Therefore an end time of 14:12.

I then returned to the car, and am seen exiting at 14:27. This accounts for me returning to the car around about 14:15, putting pram in the car, and then waiting about 5 mins to exit carpark due to queue on main road. We were just sat in the main car park. and then exiting. This is a difference of 12 mins.

How could i strengthen my rebuttal? I state general preestimae of loss, and they have responded with Bevis case. Not sure how to proceed other than to say I bought a ticket and was delayed entering and exiting.

Also, it says nothing else other than here is the evidence. Who do I rebuff to? PArkin Eye? POPLA?

Umkomaas

You've got 7 days to respond to POPLA. If you're not going to meet that deadline you could email POPLA to see if an extension can be given. I've not seen an extension given for a holiday, extensions are normally given where a PPC has delayed sending the Evidence Pack (EP). So don't assume you'll get a rebuttal extension, work on the current 7 day deadline.

In terms of how to rebut an EP, here is the standard signposting I suggest.

Here's an excellent example of how one poster dealt effectively and comprehensively with a PPC's Evidence Pack. I'm sure this will give you plenty of ideas on how to handle your case.

https://forums.moneysavingexpert.com/discussion/comment/67385911#Comment_67385911

And another one to consider.

http://forums.moneysavingexpert.com/showpost.php?p=67402366&postcount=26

And a further one.

https://docs.google.com/document/d/13uLICVZ13MeT7Q_4qzJUIyAn-jtVJUIVeCaaINpI2U8/mobilebasic

Please note, some of these examples are now a little dated in the context of the fast moving world of private parking, so you need to be careful about blindly copying and pasting anything that 'looks good', and especially in the context of Beavis. But they do provide an insight into how to make a start on your rebuttal.

You will need to work the times you've detailed into your rebuttal, set in the context of Grace Periods The BPA have advised PPCs that a grace period of around 10 minutes is provided to drive in, find a parking spot, go read the signage then for the driver to decide if they're going to park under the conditions on the sign. There is also a mandatory 10 minutes available to the motorist to exit the car park.