Parking Ticket - Portishead Marina

tlw_18

Hi all,

I am new here (however I have read the newbies thread) and I am slightly confused with the arguments presented.

I parked in a Parking Eye car park (which was unknown to me at the time) on Christmas Eve at around half past 8 for 18 minutes in the evening in Chandlery Square. I did see a sign, but there was no lighting around it (and there was only the one) so I took no notice of it. And yet £100 notice has come through the post.

I'm going to write to the manager to make a complaint. Should I also write one to Parking Eye at the same time?

I would be really grateful for some help!

Edna_Basher

Hi tlw_18

Welcome to the MSE Forum.

Don't rush into responding to either the landowner or to ParkingEye; take some time having another look at the advice in the Newbies Stickies and wait for further advice from the helpful members of this Forum.

To have the best chance of getting this charge cancelled, it's important that all of your communications are made in your capacity as the vehicle's keeper and that you do not give any clues as to who was driving.

I understand that parking at Portishead Quays Marina may be subject to Bristol City Docks byelaws meaning that ParkingEye should not be claiming that the keeper could be liable for this charge (however, I bet their notice to keeper does).

Redx

read the newbies sticky thread, its explains everything

appeal it using the blue text template letter within the 28 days appeal window

DO NOT REVEAL WHO WAS DRIVING

and try to get the landowner to cancel it

tlw_18

Thanks both, appealing using the blue template today, then will probably have to take it further!

ManxRed

Does the notice from Parking Eye mention:

1. The Protection of Freedoms Act 2012
2. That they can hold the registered keeper liable for the charge
3. That byelaws apply

Do let us know, they could be in trouble if they get this wrong.

tlw_18

Yeah they say under Schedule 4 of the Protection of Freedoms Act 2012 they can hold me liable, nothing about bye-laws though.

I haven't appealed to them yet, thought I would see if any of the above makes a difference! Many thanks again.

Edna_Basher

For your initial appeal to ParkingEye, the template letter highlighted by Redx will suffice. You can produce a more extensive appeal to POPLA when the time comes.

With regard to ManxRed's point, keeper liability under POFA 2012 does not apply at any location where parking is under statutory control (e.g. railway or harbour byelaws). It would be misleading for a parking company to claim that they had a right to claim keeper liability where no such right existed.

A copy of the Bristol City Docks byelaws can be downloaded at https://www.bristol.gov.uk/documents/20182/33656/city-docks-byelaws.pdf/4848ef7d-139d-4ed5-9387-f3173a72e604.

The byelaws cover Bristol City Dock Estate within Bristol City Docks and the Portishead Pier Estate. I have checked through the details of the byelaws and can see mention of statutory parking controls only at the Dock Estate and not Portishead.

So it seems that parking at Portishead Marina may not be covered under these byelaws. Apologies for setting the hares running too early on this one.

Coupon-mad

Just appeal 'as is' using the normal blue wording template for now. And Edna Basher has cross-posted with some useful info for you.

tlw_18

Thanks all, have used the blue template for now, will let you know what happens!

tlw_18

Hi again everyone,

Received my rejection from them today, they've sent me back a FAQs as to why appeal was rejected. Talking about a case of Parking Eye v Beavis, but I didn't see the signs on entering the car park as it was pitch black and no lighting around it! (I have since been back to look at it)

Unsure what to do now.

Many thanks for anticipated help!

Coupon-mad

You go back to the NEWBIES thread but this time post #3 and then show us your draft POPLA appeal. make sure the appeal adds in the fact the signs were unlit and it was dark (but obviously without naming or implying the driver).

If you had not had a clue about PE v Beavis yet, oh boy you should have done! Your reading needs to be a bit more extensive...start with post #3 of the NEWBIES thread and read the example POPLA appeals which mention the Beavis case.