Parking Eye NTK

Redx

normally the trick is that "less is more" , hence the short template

if it were me , I would stick to the template and add about clause #13 , with the amendments I suggested to your amendments

and you dont "send" it , you fill it in as RK on their website appeal form

Odyn

Ok, so if I just go for the template with a small paragraph reminding them of clause 13 and the requirement for more than one grace period, you think that is the best option?

Redx

yes , which is what I said

pointless taking them to task at this stage about things like signage that you are unsure about , so clobber them with something that you are

PE always have signs up , even if they dont have planning permission for them , so use the signage appeal argument at popla

you also have no idea bout the landowner or if they pharm the site like they do with the beavis car park over near reading or wherever it was , so again , pointless for now , take it up with popla

so yes , template plus clause #13 as both are relevant , especially grace periods

the second grace period says this

13.4 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. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

so a minimum of 10 minutes , which is interpreted by the BPA as 11 or more minutes , so if there was congestion on the way out it would be even longer , no limit on what the maximum is but assume 15 to 20

plus you add the entry , park up , read the signs , pay for parking if required time too , 10 minutes on council car parks I believe

Odyn

Ok. Well all that stuff is FROM the template. I literally changed nothing from those parts. Thanks for your help anyway, I'll update the thread when I hear back from them.

Redx

I agree , but in your case clause #13 is the killer blow and 2 regulars have agreed with you on that but expanded it to the full clause #13 from the half you originally cited

Odyn

Hi everyone.

Just to update:

I deleted the original post on advice that I didn't implicate myself, but basically I had a charge from Parking Eye having stayed 12 minutes over in a 2 hour free car park in Aberystwyth.

My appeal to PE was summarily rejected, my appeal on the grounds of grace periods being denied because it is a "maximum stay" car park, a term which does not appear in the BPA code of practice and I made sure to state that in my POPLA appeal.

Anyway, just heard back from POPLA that PE will not even be contesting the charge so I'm very happy! My appeal centred on grace periods, the fact that they did not respond to my appeal for over 20 days and a few other generic points such as denying their contract with the landowner etc.

Thanks for the advice that was given here when I first got the ticket. Cheers.

Coupon-mad

Well done! Nice result and thanks for the update, which helps other newbies gain confidence.