Grace Period.

Lincs_Owl

Just looked up dictionary definition of 'Stay'. As a noun it means not moving. So must refer to 2 hours parked.

STAY
noun
17.
the!act!of!stopping!or!being!stopped.
18.
a!stop,!halt,!or!pause;!a!standstill.
19.
a!sojourn!or!temporary!residence:
a!week's!stay!in!Miami.
20.
Law.!a!stoppage!or!arrest!of!action;!suspension!of!a!judicialproceeding:
The!governor!granted!a!stay!of!execution.
21.
Informal.!staying power;!endurance.

Coupon-mad

I would not get into that at all.

Northlakes

uploading pictures

uploading pictures

Northlakes

Whitehaven must be another 'honey pot' for PE.

Rather stupidly the council encouraged the development of an office block for 1500 nuclear employees without any parking provision so the outer car parks are crammed (and this is winter, with few tourists).

By contrast the Home Bargains car park was practically empty this afternoon. The next door site is Iceland with a maximum 1½ hour stay. Can you check that PE are not confusing the two sites. Does it state that it was Home Bargains on the PCN?

Another anomaly is the entrance sign (second photo) where the only indication of ANPR use is the tiny camera in one corner. Just to clarify there were only two types of sign as the photos.

Lincs_Owl

That's brilliant Northlakes. Can't thank you enough for the time and trouble to take the photos, and then upload them. Only wish I could repay the favour, apart from clicking the 'thank you' boxes.
Had some other good news at last. I got an email from Home Bargains Support who have confirmed that there is two hours free customer parking at this site, plus a ten minute grace period after. Obviously she's forgetting you are allowed some grace time before 'the event'. Printed the email off as evidence. Seems to be unequivocal. Home Bargains are the only store in that car park, and if their head office say its 2 hours plus grace time for customers, that seems pretty definite. You have to cross roads for any other car parks.

Any advice on what to do next? Should I write to Parking Eye with a printout of the emails? The Practice Direction (on pre court conduct) emphasises we should make every attempt to settle out of court. They should back down but I don't want to mess up and find they wriggle out.

To recap, we parked for 2 hours 10 minutes 16 seconds. Didn't appeal to POPLA (never even heard of them at the time). Yes, Home Bargains is named on the PCN. Definitely Home Bargains where we parked- I looked it up on Streetview. Same place.

System

Should I write to Parking Eye with a printout of the emails?

Yes and put them on notice for costs for unreasonable behaviour if they fail to cancel the court action. Would love to see the judge decide on this one.

I think the Prankster would have a laugh at this one too.

Coupon-mad

Yes but don't just write a letter.

Also email enforcement@parkingeye.co.uk and include a read receipt so you know when they read it on Monday morning. Don't word it like an appeal, dont ask, don't say please/thankyou. Needs to be a robust letter/email (as IamEmanresu says) putting them on notice for costs for unreasonable behaviour if they fail to cancel the court action.

The_Deep

The sign seems rather high, the hundreds of words in small print difficult/impossible to read. Why are parents and children and BB holders only allowed to park in a very restricted number of bays?

If they are relying on that sign to form a contract I would say they have little hope in court.

Coupon-mad

They always have high hopes in Court.

Judges will always be impressed with a solicitor rocking up citing 'Beavis' against a defendant who has an uphill battle from the start.

Lincs_Owl

Email sent to Parking Eye 24-1-2016.

Your Ref XXXXXXXXXXXXXXX


To Parking Eye

WITHOUT PREJUDICE SAVE TO COSTS

I enclose below an email from Home Bargains showing the grace period for leaving the Home Bargains site at Whitehaven is ten minutes.

The British Parking Association Code of practice also requires a grace period on entering the car park, so the motorist can park, read the signage and decide whether to enter the contract or not. See Code of Practice 13.2 AND 13.4 !

Taking these into account, although you state an overstay of 10 minutes, 16 seconds occurred, this is not true taking into account any overstays.

I therefore propose a drop hands offer. If you drop the claim in the next 14 days I will not ask for costs.

Otherwise, I will ask for my full costs under CPR 27.14g on the grounds you are being unreasonable for continuing the claim when there is no case to answer.

From!XXXXXXXXXXXX





Hayley!(Home Bargains Support)
22 Jan, 09:42
Thank you for your response,
I can confirm that there is a total of 2 hours free parking at the site, with an additional 10 minute grace period as standard.
I hope this information helps, but if we can be of assistance in any other way please don't hesitate to get back in touch with us.
Kind regards,
Hayley