PE time limit

Carrie_Sp

My husband received a letter through the post from Parking Eye on Thursday (26/5) which wasn't opened until this morning Saturday 28/5 as he has been away from home on business all week. It relates to a supposed parking violation on 8/5 when the driver of the car, he is the RK of the car, 'supposedly parked for 12 minutes without paying'.

On that day the driver needed to ring the friend they were visiting to find out where the best place was to park to meet up. The area was full of yellow lines so the driver pulled into the car park in order to ring the friend lawfully.

I've read that the RK must be notified of the 'offence' within 15 days of it happening, clearly the letter should have appeared by the 22/5. The letter is dated 13/5 but did not arrive here until 26/5. The 14 days whereby the charge was discounted to £50 was dated to be 27/5 therefore the cost would now be £85.

Any thoughts please, unfortunately the envelope has no date of posting on it as it has been franked which is annoying to say the least! Any thoughts would be appreciated, unsure whether to just pay up and have done with it or appeal? If we appeal have you a template that covers the law regarding time limits please. £85 for 12 minutes seems rather excessive anyway!

Ralph-y

hi and welcome to the forum .......

this is the newbie thread which we ask all posters to read

parkinglie are part of the BPA ... so you can miss out any IPC references ....

come back if you need further help / advice after reading

good luck

Ralph:cool:

pappa_golf

Parking Eye on Thursday (26/5) which wasn't opened until this morning Saturday 28/5 as he has been away from home on business all week. It relates to a supposed parking violation on 8/5 when the driver of the car, he is the RK of the car, 'parked for 12 minutes without paying'.


supposed parking violation on 8/5
received Thursday (26/5)


start reading up on POFa




a letter is deemed to be served if sent ay first class post using royal mail


PE have done a deal with a mail handling company (hence no post mark) , therefore the letter was not posted via royal mail on the 13th

Coupon-mad

At no time did the driver get out of the vehicle, in fact the car wasn't turned off as it was a hot day and they had the air con on.

That's not relevant and certainly do NOT mention a friend 'going to get change'!

Just use the usual appeal in the NEWBIES thread, from the registered keeper, not saying who was driving. Then start reading POPLA appeal examples on the forum as you will need that stage too. The BPA Code of Practice on Grace Periods will be relevant at POPLA stage (not yet), as well as alleging that the landowner contract 'allows 15 minutes grace period' (even though you haven't a clue!). The point is, a typical PE badly redacted contract then cannot disprove that allegation...

Redx

clause #13 of the BPA CoP also covers "grace periods"

forget the "story" , dont mention who was driving, nor infer it , just use the blue template appeal , online , as CM says above

study clause 13 , plus POFA2012 as well

Carrie_Sp

Thank you, I'm finally understanding the process, sorry it took a while!

Redx

read post #2204 here https://forums.moneysavingexpert.com/discussion/4488337 to see that GRACE PERIODS can win, even when the useless Wright Hassell are adjudicating, never mind popla

its one of my pet gripes that I bang on about clause #13 when people have only been on site for a quarter of an hour or less

it shows that its a valid and telling argument to put forward when an over zealous company ignores the rules they signed up to

Carrie_Sp

Thank you so much! As Arnold said 'I'll be back'

Carrie_Sp

Hi,
We have today got our popla reference number so have to now collect evidence and send to them, letter dated 16th received today 21st June.
We're getting photos of the area outside the car park to prove the existence of yellow lines to prove there was no other safe area to make the phone call that was necessary. Also thought we'd get evidence from mobile phone company that the call was made within that time period of 12 minutes.
The day was very hot and the car park was busy due to it being a seaside town and it being a Sunday, the person driving had to wait in a queue for a while waiting to get out of the car park, but can't see any way of proving this unfortunately.
Wondering if anyone else has any ideas please?
Obviously I'll be mentioning the fact that the original letter itself didn't get here until after the 15 days they are given.
Thanks, you've been stars!

pappa_golf

forget the thing about yellow lines and ringing your phone operator


the fact that you needed to make a phone call is of no interest to PE , the BPA , POPLa or the county court


the ONLY time that excuse "might" be applicable was if you had to stop to ring the emergency services!

Carrie_Sp

Thank you.
Then what's the point of them setting a grace period, surely a grace period is set to enable you to ascertain whether you are going to park there, if during the 12 minutes the driver was there it was ascertained that it was the wrong car park (bearing in mind the driver had never been to the town before and was an inexperienced driver who could not find anywhere safe elsewhere to park) then surely it would do no harm mentioning it?
Just asking as we want to get this right and have no experience, unlike you, with these things so will bow to your experience of course.
Thanks again.