Parking Eye - Euro Garages

seanavfc92

Hi all,

Just looking for a bit of advice regarding a PCN I received through the post today, being the RK of the vehicle.

Without going into too much detail, the time spent in the Starbucks Wakefield car park was 2 hours 12 minutes, of which there is apparently only a 2 hour free stay limit.

I am aware of the template appeal for BPA members written in blue in the NEWBIES thread, as well as being aware to complain directly to the store manager, but I have a couple of additional questions and would appreciate any advice:

1. As the overstay was for just 12 minutes, is there no grace period allowed?

2. The person who was driving on the day of the 'offence' is registered under the Disability Act 2010. Can this be mentioned in any appeal, as this was the reason for visiting the site on the day?

3. Do I appeal to Parking Eye first or complain to Starbucks first?

Thanks in advance

pappa_golf

may well be 2 hrs PARKING , however the ANPR cameras would have been positioned at the entrance/exit , an would have failed to register that the BPA allow upto 10 mins to read and digest the signage before parking commences , ands a further 10 mins to leave the site safely


had parking eyes ANPR system said 2 hrs and TWENTY mins + then there would be a problem

Coupon-mad

is registered under the Disability Act 2010.

They can't be 'registered disabled' as that stopped in the 1960s or 70s! And there is no DDA.

What you need to say is (as part of the appeal, but see the NEWBIES thread for how to word the rest) that one of the occupants of the car has protected characteristics under the Equality Act 2010 and that was the reason for the visit that day (explain why, show any receipt or proof of patronage and/or Blue Badge if they have one...but they don't have to).

DO NOT say who was 'the driver'.

seanavfc92

Coupon-mad wrote: »

They can't be 'registered disabled as that stopped in the 1960s or 70s! And there is no DDA.

What you need to say is (as part of the appeal, but see the NEWBIES thread for how to word the rest) that one of the occupants of the car has protected characteristics under the Equality Act 2010 and that was the reason for the visit that day (explain why, show any receipt or proof of patronage and/or Blue Badge if they have one...but they don't have to).

DO NOT say who was 'the driver'.

Thanks for this.

In terms of the overstay aspect, do I mention this in the appeal or do I literally leave it how it's been worded already?

Redx

use the template , add the above regarding the EA2010 , also add that any popla appeal will include clause #13 to get the ridiculous charge thrown out , as time on site is not "parking time"

do not name the driver

seanavfc92

Redx wrote: »

use the template , add the above regarding the EA2010 , also add that any popla appeal will include clause #13 to get the ridiculous charge thrown out , as time on site is not "parking time"

do not name the driver

Sorry to ask, but how would the part about clause 13 need to be worded?

Redx

just say that

any popla appeal will include a section on grace periods and will quote the BPA CoP clause #13 which they have failed to observe and popla will be asked to cancel the charge based on this CoP failure


so read clause #13 so you know what we are talking about

Herzlos

seanavfc92 wrote: »

3. Do I appeal to Parking Eye first or complain to Starbucks first?

Do both; Starbucks should be able to get it cancelled, but it'll be "live" until Parking Eye send you confirmation, and they may just refuse to play along.

Coupon-mad

Starbucks have been good in the past at cancelling these scummy charges. Just do not say who was driving, just say 'we'.

timbo29_2

Hi Coupon Mad,

I'd like to thank you as I have read a lot of your posts this evening which have been very informative. I wish I had seen it before!

I have replied to this thread as I am in a similar situation.I received a parking ticket from PE quite a few months ago, I picked my wife up from a commercial unit adjacent to the car park, and I was only there for around 10 minutes.

I ignored the parking fine as I thought it was an administration error.

I have now had an order from CBCC, however I replied back to them to say I wanted to appeal with POPLA. CBCC have acknowledge this. My arguments were the following:-
(I wrote this prior seeing any of your advice)

The entrance road of the units is a busy road, with 4 lanes of traffic, where it would not be legal or safe to pick some one up. The safest way to pick someone up is to use the car park. The night was in winter and therefore wet, dark and cold.

Therefore I entered the car park and waited for my wife. The definition of 'parked' is leaving a car unattended, however I was present in the vehicle for the entire time, and also I did not use space within the empty car park, I waited on the feeder road. I estimated that I had only been waiting for 5 minutes.

Because of this reason I contacted Parking Eye and presumed that this was a administration error.

I was completely unaware of the terms and conditions of this car park. The signage is insufficiently lit to the entrance of the car park, the signage is not only facing in the wrong direction of a person in a vehicle, but the information is very high up and is out of the sight line of a person vehicle - A driver must be scanning the road to be safely in control of a vehicle.

I also said I expected a barrier to this style of car park to have a physical barrier to the egress to make it obvious that payment would be required upon leaving.

I'd be interested in your thoughts if you don't mind sparing me some time?

seanavfc92

Redx wrote: »

just say that

any popla appeal will include a section on grace periods and will quote the BPA CoP clause #13 which they have failed to observe and popla will be asked to cancel the charge based on this CoP failure


so read clause #13 so you know what we are talking about

I am aware of the BPA Code of Practise, clause 13.4, which specifically states that a grace period of at least 10 minutes must be granted to allow the driver a reasonable period to leave the private car park after the parking contract has ended. I do not believe that, in this case, you have allowed the driver a reasonable amount of time to leave the car park before you have started enforcement action.

Will that be enough to add in to the template appeal letter?