Parking Eye - Euro Garages

Redx

no , because there is also a grace period allowed to park , read the signage and comply , possibly up to another 10 minutes but is not specified

I think you have missed half of the clause out , so you have quoted one grace period and not two grace periods

Coupon-mad

timbo29 wrote: »

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?

Well I don't take private messages because there are some sad idiots around wasting my time too much (not you) but we'd be pleased to help on your own new thread. This isn't the place.

And do not respond to any private message offers to 'help' from posters with less than 1000 posts. We can help you on your thread on the open forum.

seanavfc92

Redx wrote: »

no , because there is also a grace period allowed to park , read the signage and comply , possibly up to another 10 minutes but is not specified

I think you have missed half of the clause out , so you have quoted one grace period and not two grace periods

Is this better?

I am familiar with the BPA Code of Practise, clause 13, which refers to the need for a sufficient ‘grace period’ when entering and leaving the private car park. Clause 13.2 states that “if the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action”. Clause 13.4 states that “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action… the grace period at the end of the parking period should be a minimum of 10 minutes”. I do not believe that you have followed either of the BPA’s Code of Practise sub-clauses, as you have not allowed the driver a reasonable amount of time to leave the car park before you have started enforcement action.

Umkomaas

Code of Practice

Fruitcake

seanavfc92 wrote: »

Is this better?

I am familiar with the BPA Code of Practise, clause 13, which refers to the need for a sufficient ‘grace period’ when entering and leaving the private car park. Clause 13.2 states that “if the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action”. Clause 13.4 states that “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action… the grace period at the end of the parking period should be a minimum of 10 minutes”. I do not believe that you have followed either of the BPA’s Code of Practise sub-clauses, as you have not allowed the driver a reasonable amount of time to leave the car park before you have started enforcement action.

That looks OK to me. Just make sure you are using the latest version of the BPA CoP from November 2015, version 6 I think.

seanavfc92

Umkomaas wrote: »

Code of Practice

Oops haha. Thanks for that!

seanavfc92

So, quick update for you:

Went in to Starbucks about twenty minutes ago and asked to speak to the manager. The guy behind the till said, and I quote, "are you here about a parking ticket by any chance?". :mad:

Spent two minutes explaining what had happened to the manager, he said that he will scan my PCN and email Parking Eye to cancel the invoice - he's even copied me in to the email as proof :beer:

He has asked that I also email them an appeal, along with proof of purchase to show that the driver was a paying customer on the day - Do I need to?

The best bit about it all, he said that they're receiving 10-20 people PER DAY coming in to complain about being ticketed whilst being there!!

So as things stand, the manager said I need to wait up to 8 weeks for the invoice to be cancelled, and that I can ignore any additional letters PE send me.

Glad to see so many people are actually appealing these invoices, rather than just stumping up the money - I feel a letter to the local newspaper coming on! :rotfl:

bod1467

So now you send in the standard appeal (blue text from NEWBIES thread), add a point about the Equality Act, and add a point:

x) Your principle has instructed you to cancel this PCN (copy attached). As such you have no cause of action and must accept this appeal and cancel the PCN forthwith. If you don't then the fact that you have ignored your principle's instructions will form part of my evidence to POPLA (and court, should this farce proceed that far).

seanavfc92

bod1467 wrote: »

So now you send in the standard appeal (blue text from NEWBIES thread), add a point about the Equality Act, and add a point:

x) Your principle has instructed you to cancel this PCN (copy attached). As such you have no cause of action and must accept this appeal and cancel the PCN forthwith. If you don't then the fact that you have ignored your principle's instructions will form part of my evidence to POPLA (and court, should this farce proceed that far).

Thanks for this.

Random question, but do I leave the 'mobile number' and 'email' fields empty on the ParkingEye online appeal form, as I've completed my postal address?

Redx

ignore the mobile number and use a throwaway email address , like gmail or yahoomail

if you are adding the part about grace periods, you havent expanded on the arrival part enough in my opinion , whilst the exit part looks ok

ie:- you would expect up to 10 minutes to park , read the signs and pay if any money changes hands, then over 10 minutes to leave, the sum total of which is greater than the 12 minutes they were claiming for , so say 5 to 10 minutes beforehand and 11 minutes afterwards , which is more than the 12 minutes they are claiming

this was why I pointed you at the CoP again, to get more work on the entry and arrival grace period , the two added together make their claim null and void