Parking fine - 6 hour ticket- over stayed 17min

Coupon-mad

You MUST have put who you were! The PE appeal form requires it: 'registered keeper' or 'registered keeper and driver' or 'hirer/lessee' or 'other'.

mrbg07546

i put other

mrbg07546

i cant locate the premier popla crib, ive tried to search the form, can you link me pleasE?


i will base my argument around the grace period.

Coupon-mad

You said yours was ParkingEye not Premier?

Please clarify the parking firm.

mrbg07546

ParkingEye PCN, reference code *******
POPLA Code: *********

I am the registered keeper and I wish to appeal a recent parking charge from ParkingEye. I can be not liable for the Parking charge due to the Grace Period outlined in Section 13 of the BPA Code of Practice.

The ANPR system of parking Eye claimed 6 hours 17 minutes from entering and leaving the car park.

The point at which obtaining and purchasing ticket (10 minutes after entering the car park) – and leaving the car park (8 minutes to load and leave the car park) –equates to a reasonable grace period as outlined in section 3.2

Taking the reasonable grace period into consideration – this accounts to less than the maximum hours (6).

I request that my appeal is allowed.

Yours Faithfully,

mrbg07546

im parking eye- i read on another thread that was a good example of a popla appeal letter

Coupon-mad

No, that is not enough. Do not rely on a single point.

mrbg07546

update with more points. thoughts?




ParkingEye PCN, reference code *******
POPLA Code: *********

I am the registered keeper and I wish to appeal a recent parking charge from ParkingEye. I can be not liable for the Parking charge due to a number of reasons.

• The Grace Period outlined in Section 13 of the BPA Code of Practice.
• [The ANPR system is unreliable nor accurate.
• Unclear, inadequate and non-compliant signage
  
  

1.the Grace Period outlined in Section 13 of the BPA Code of Practice.
The ANPR system of parking Eye claimed 6 hours 17 minutes from entering and leaving the car park.

The point at which obtaining and purchasing ticket (10 minutes after entering the car park) – and leaving the car park (8 minutes to load and leave the car park) –equates to a reasonable grace period as outlined in section 3.2

Taking the reasonable grace period into consideration – this accounts to less than the maximum hours (6).







2) The ANPR system is unreliable nor accurate.

ParkingEye's evidence shows no parking time, merely photos of a car driving in and out. It is unreasonable for this operator to record the start of 'parking time' as the moment of arrival in moving traffic if they in fact offer a pay and display system which the driver can only access afterparking and which is when the clock in fact starts. The exit photo is not evidence of 'parking time' at all and has not been shown to be synchronized to the pay and display machine clock nor even to relate to the same parking event.

[FONT="&amp]The ANPR cameras are not identified upon entry to the car-park. Although these systems have a reported high accuracy rate, there is well recorded evidence of them being prone to error and inaccuracy. Photographs produced as evidence by them, can be easily digitally altered. They do not prove the identity of the driver. Simple entry and exit photographs purported to be from the stated car-park do not prove unquestionably that the vehicle actually; entered and left it; parked within its boundaries, and remained parked within it for the alleged time. On the day in question I believe the vehicle exited within the grace period time discussed under point 1) of this appeal. Thompson Close is a busy road to exit onto, particularly on a Saturday evening when the parking incident is alleged to have occurred, so the driver could well have been sat in the car at the exit for a period of time until it was safe to exit the car park.

We can not discount that the driver may have driven in, realised it was pay and display then driven out. The BPA even mention this as an inherent problem with ANPR on their website;
britishparking.co.uk/How-does-ANPR-work[/FONT
The BPA's view is: 'As with all new technology, there are issues associated with its use:
Some ‘drive in/drive out’ motorists that have activated the system receive a charge certificate even though they have not parked or taken a ticket. Reputable operators tend not to uphold charge certificates issued in this manner...'





3) Unclear, inadequate and non-compliant signage

Due to their high position, overall small size, being unlit and the barely legible size of the small print, the signs in the car park are difficult to read. This was compounded by the timing of the arrival at the car park. At this time of the evening, unlit signage is particularly difficult to read and prolonged the decision making process in this case.
Furthermore, the signage is ambiguous and unclear because the entire sign is about 'PARKING TARIFFS' (not 'total stay') and the sign creates no obligations except to:

- Motorists must enter their full, correct vehicle registration when using payment machine.

The only place the word 'stay' is mentioned on the sign is where it talks about maximum stay of 6 hours, the rest is all about 'parking time'. So as the Pay & Display machine is the 'point of sale' and the P&D ticket is the receipt upon which an ordinary consumer would rely for the parking time, there was no contravention of the sign, as the option to park was not taken up.

POPLA is requested to check the Operator's evidence and signage map/photos on this point and compare the signs to the BPA Code of Practice requirements. It is contended that the signs on this land, in terms of wording, position and clarity, do not comply and fail to properly warn/inform the driver of the terms and any consequences for breach (which is denied here, due to the option of parking not being taken up).






I request that my appeal is allowed.

Yours Faithfully,

Coupon-mad

You should quote the entire 'Grace periods' paragraphs from the CoP, to show that there must be a grace period to arrive, then park and get out and read the signs and then pay and another grace period of at least ten minutes at the end of paid-for time.

Has the appellant already admitted to driving?

Did the PCN arrive within 14 days of the event? Was the 'date issued' within that time too?

What happened when you complained to FarmFoods and other retailers there - even if the driver did not shop there that day?

This is VITAL to the fight against this PCN. Some retailers are happy to cancel a PCN without a receipt for a person complaining who is a 'regular customer' of their shop, regardless of whether they bought stuff that day. As this is PE who are nasty and sue people (and win a lot of POPLA appeals) I would have fired off a complaint email to EVERY retail Head Office relating to the shops on site, not just Lidl. And the landowner/managing agent (easy to Google). It will be too late to complain after a POPLA loss/court papers. Do it NOW.

I realise you must only have a few days to use your POPLA code as it was mid July when you got it, so this week, COMPLAIN!

mrbg07546

Thanks coupon mad . Popla said they didn't want to contest it!

The last post I did has the letter i used.

Really happy:)