ParkingEye POPLA appeal Chelmsford Riverside

louisamay

I would be grateful if someone could cast an eye over this one please?
Dear Sir/Madam,
Re: Parking Charge Reference number [xxxxxxx]!
Vehicle registration: [xxxxxxxx]
I am the registered keeper of the above vehicle and have received the above demand from Parking Eye.
My appeal to Parking Eye was rejected and they gave me!POPLA!code [xxxxxxxxx].

The Parking Charge Notice and rejection letter both refer to Riverside car park, Chelmsford, Essex.

The basis of my appeal is:

1) The ANPR system is unreliable and neither synchronised nor accurate

ParkingEye’s ANPR records show no parking time, merely photos of a car driving in and out which does not discount the possibility of a double visit. It is unreasonable for this operator to record the start of ‘parking time’ as the moment of arrival in moving traffic. The exit photo is not evidence of ‘parking time’ at all. In entering the car park at the recorded time, the driver was unable to park immediately and spent around 10 minutes locating a space in the car park and reading the signs and deciding whether to comply with the terms and conditions. In addition to this, at the end of the parking period, a further 6 minutes were spent attempting to exit the car park. I was shopping with a friend with a baby so we had to spend time loading and unloading a baby, pushchair and everything that goes with it. This confirms that the total parking period did not in fact exceed the 2 hour limit and proves that the ANPR system is unreliable and not synchronised or an accurate reflection of the time parked.

2) Grace periods

In the BPA code of practice it states that parking enforcements “should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. 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” and “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”. In this instance I have neither been provided a reasonable grace period upon entry and exit to your car park.

In addition, the BPA states that a car park with an ANPR such as yours “If you provide parking facilities to the general public for a fee, your system must allow drivers who have not paid the fee to leave a site within a reasonable period that allows for the conditions and environment of that parking site. This grace period should be long enough to allow motorists to leave without having their vehicle registration mark processed for a parking charge”.

Conclusion
I contend it is wholly unreasonable to rely on ANPR on entrance and exit of any car park as an accurate reflection of time spent parked, especially when no grace periods are honoured – as stated by the BPA upon either entry or exit to the land. I put Parking Eye to strict proof to justify that their charge, under the circumstances described.

I therefore respectfully request that my appeal is upheld and the charge is dismissed.
Yours sincerely,
[the registered keeper’s signature]
[the registered keeper’s name]

Coupon-mad

Matalan Manager cancels, I seem to recall, if I am remembering what I read about the retailers on site. Did you ask her (whether or not you shopped there)?

I am not convinced a POPLA appeal will work at this site. I think POPLA will reject it and you would need more than 2 points of appeal.

Did you receive the PCN within 14 days of the parking event??

Redx

you need more appeal points than those 2 alone

signage (already mentioned in a previous CM reply)
landowner authority
any NTK flaws
any POFA2012 failures

to name at least 4 others

louisamay

Coupon-mad wrote: »

Matalan Manager cancels, I seem to recall, if I am remembering what I read about the retailers on site. Did you ask her (whether or not you shopped there)?

Yes tried Matalan first and they've replied saying no (see below) I don't live round there and was only visiting for the weekend so can't go in person. I could ring her tomorrow and try again.

While not being unsympathetic to your situation I am very sorry we are unable to help you with this matter.

We must request that you appeal directly to Smart parking, the contact details are listed on the Parking Charge Notice that you have received, when appealing please provide them with as much information as possible including your store shopping receipt.

Redx

so they dont even know who manages the parking ?

its PE , not SMART, unless its changed ?

louisamay

Redx wrote: »

you need more appeal points than those 2 alone

signage (already mentioned in a previous CM reply)
landowner authority
any NTK flaws
any POFA2012 failures

to name at least 4 others

Ok thank you, sorry i had these in my first draft but was told to reconsider as they weren't fully relevant. I'll add them back in and try again.

Thanks

Redx

CM said signage was relevant, earlier in the thread

louisamay

Redx wrote: »

so they dont even know who manages the parking ?

its PE , not SMART, unless its changed ?

Yes i was confused on this too. Its PE that have issued me the PCN so thats who i'm replying to...well Popla now anyway.

Redx

make sure your popla appeal says Parking Eye then

as for your earlier appeal, it reads as though you have admitted who the driver was ?

if there has been no admission of being the driver, those parts need editing accordingly

Coupon-mad

louisamay wrote: »

Yes tried Matalan first and they've replied saying no (see below) I don't live round there and was only visiting for the weekend so can't go in person. I could ring her tomorrow and try again.

While not being unsympathetic to your situation I am very sorry we are unable to help you with this matter.

We must request that you appeal directly to Smart parking, the contact details are listed on the Parking Charge Notice that you have received, when appealing please provide them with as much information as possible including your store shopping receipt.

That sounds like Matalan Head Office? I meant the local lady Manager herself, so ring that branch and cry down the phone (honestly).