Parking Eye PCN, appealed, confused

LoveNorfolk

OK, the first paragraph is what I have added, the rest is the original appeal, I've not sent it yet if anyone would like to look, but obvously I can't really change anything other than the first paragraph or it won't be the original appeal. I know I have mentioned the charge, but obv after Beavis this isn't the sole point, it's more a dig. Cheers.



[FONT=Arial, sans-serif]I, as registered keeper of the above vehicle am resending you the appeal that was sent online via your website on 20/6/16. Despite receiving a letter stating the appeal was being referred for further information, all correspondence from yourselves since this appeal has omitted to disclose a decision. The BPA Code of Practice states that “If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. As you are aware 35 days has now passed and you should now either cancel the “charge” or provide a POPLA code to allow this to be taken further. As you will know, Parking Eye monitor only the time on site and not the amount of time parked, therefore, if the 10 minute period as outlined in your signs within the car park to arrive, park up, read the signs and purchase a ticket have been adhered to and the minimum exit time of 10 minutes as outlined within Clause 13.4 of the BPA Code of Practice has been adhered to, the time parked has not been exceeded. As such, Clause 13.4 of the BPA Code of Practice protects the keeper against such allegations and will be used if an appeal to POPLA should become necessary.[/FONT]


[FONT=Arial, sans-serif]The amount you have requested does not reflect the amount of time that the driver was alleged to have overstayed. The £60 charge you request is out of proportion with the tariff of 60p for 1 hour/ £1 for 2 hours that was paid and as such I feel this excessive.[/FONT]


[FONT=Arial, sans-serif]The signage on entrance to your car park states, “A maximum period of 10 minutes is permitted to allow the purchase of a valid parking ticket after the vehicle has entered the car park”, I am aware that this time frame also applies to vehicles that decide not to park or that are visiting the jacket potato van, or who are unable to to find a space, and permits them to travel through and leave the car park with no sanction. The driver found a space and purchased a valid ticket for 2 hours well within this time which as you can see from the tickets attached was 3 minutes.[/FONT]


[FONT=Arial, sans-serif]Having required more time shopping including at the Priory Shopping Centre the driver returned to the vehicle to purchase another ticket for an extra hour. The driver returned within the expiry of the original ticket to then have to queue at the machine for 5 minutes in order to obtain another ticket, before returning to the vehicle to display the ticket. I argue that the 10 minutes allowed in which to purchase a ticket on entering the car park would also apply on returning to purchase further time to stay on site and the fact the driver returned to the car park to purchase another ticket shows willing by the driver to comply with your terms and conditions.[/FONT]


[FONT=Arial, sans-serif]I query the absence of any details stating the time permitted that allows exit from the car park from the expiration of the ticket under the speed restriction of 10mph, when there are at many times articulated lorries slowly making their way through the car park to the loading bays of the likes of Wilkinson, cars manoeuvring into and out of spaces, queues of traffic leaving the car park and pedestrians crossing the zebra crossings for which traffic must wait. As your terms and conditions on the parking charge notice state, “By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage, the parking charge is now payable.” The driver had already correctly complied with this by purchasing 2 tickets for the time required and that they subsequently stayed for. As they were attempting to leave the car park, they were no longer parked or attempting to remain in the car park for longer than permitted.[/FONT]

Redx

seems long but if it fits in their appeal box then try it , making sure you add the pcn number and date first appealed

if it fails to fit , cut out some of the non-essential parts or descriptive parts that dont need to be there

save all the good stuff for popla

LoveNorfolk

On their website you put the PCN in boxes above the appeal, the date of the first appeal is in there at the beginning. It won't fit now with extra info, so have shortened it:

[FONT=Arial, sans-serif]I am resending the appeal that was sent online via your website on 20/6/16. Despite receiving a letter stating the appeal was being referred for further information, all correspondence from yourselves since this appeal has omitted to disclose a decision. The BPA Code of Practice states that “If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. As you are aware 35 days has now passed and you should now either cancel the “charge” or provide a POPLA code to allow this to be taken further. As you will know, Parking Eye monitor only the time on site and not the amount of time parked, therefore, if the 10 minute period as outlined in your signs within the car park to arrive, park up, read the signs and purchase a ticket have been adhered to and the minimum exit time of 10 minutes as outlined within Clause 13.4 of the BPA Code of Practice has been adhered to, the time parked has not been exceeded. As such, Clause 13.4 of the BPA Code of Practice protects the keeper against such allegations and will be used if an appeal to POPLA should become necessary. The signage on entrance to your car park states, “A maximum period of 10 minutes is permitted to allow the purchase of a valid parking ticket after the vehicle has entered the car park”. The driver found a space and purchased a valid ticket for 2 hours well within this time. Having required more time shopping including at the Priory Shopping Centre the driver returned to the vehicle to purchase another ticket for an extra hour. The driver returned within the expiry of the original ticket to then have to queue at the machine for 5 minutes in order to obtain another ticket, before returning to the vehicle to display the ticket. I argue that the 10 minutes allowed in which to purchase a ticket on entering the car park would also apply on returning to purchase further time to stay on site and the fact the driver returned to the car park to purchase another ticket shows willing by the driver to comply with your terms and conditions. As your terms and conditions on the parking charge notice state, “By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage, the parking charge is now payable.” The driver had already correctly complied with this by purchasing 2 tickets for the time required and that they subsequently stayed for. As they were attempting to leave the car park, they were no longer parked or attempting to remain in the car park for longer than permitted.[/FONT]

LoveNorfolk

Sent, so shall wait and see. Interesting that Parking Eye state on confirmation of appeal that amount shall not rise. No response to appeal, yet a letter saying amount to rise to £100 if not paid by 21/8/16.

LoveNorfolk

So we appealed again as we mentioned above on 20/8/16, I know they're within the 35 days reply period, but since they missed it last time with no reply about a decision or POPLA code, I don't want my parents to leave it too long and for PE to play (even more) silly beggars and wondered about emaling the BPA about them?

Redx

the BPA will fob you off if PE are within the code of practice (ie:- within the 35 days)

they are a trade body funded by people like PE , not a regulatory authority , so will only accept issues like BPA CoP breaches , such as the clause #13 grace times both before and after parking

LoveNorfolk

Redx wrote: »

the BPA will fob you off if PE are within the code of practice (ie:- within the 35 days)

they are a trade body funded by people like PE , not a regulatory authority , so will only accept issues like BPA CoP breaches , such as the clause #13 grace times both before and after parking

So there's nothing to do apart from wait for a response? The issue is a PCN being issued for alleged overstay of 16 mins, which if you break it down, 10 mins grace to enter, 5 mins between current ticket expiring whilst queueing for another ticket for more time, then 10 mins grace period leaving, working out at a 1 min overstay. It's difficult trying to look into the one I got and prepare stuff, without having to do this one too! :think:

Redx

I have already stated that I believe they are in breach of the BPA CoP on clause #13 , which wins these pcn,s both at popla and probably in court

given the fact that they havent replied to the initial appeal and I believe that is longer than the 35 days (since the 20th June 2016) , plus the BPA CoP breach on clause 13 , then yes you should complain to aos@britishparking on both counts , citing their 2 CoP issues as being the reason for contacting the BPA and giving them copies of all paperwork , a quick rundown of the dates and how and when the appeals were made, with copies of the pcn and the appeals etc

they will either fob you off or get PE to look into it and get back to you

I suspect that sods law says if you complain this weekend, you will get a reply on monday anyway

like moaning about a late bus and then 3 turn up at once

good luck

LoveNorfolk

Redx wrote: »

I have already stated that I believe they are in breach of the BPA CoP on clause #13 , which wins these pcn,s both at popla and probably in court

given the fact that they havent replied to the initial appeal and I believe that is longer than the 35 days (since the 20th June 2016) , plus the BPA CoP breach on clause 13 , then yes you should complain to aos@britishparking on both counts , citing their 2 CoP issues as being the reason for contacting the BPA and giving them copies of all paperwork , a quick rundown of the dates and how and when the appeals were made, with copies of the pcn and the appeals etc

they will either fob you off or get PE to look into it and get back to you

I suspect that sods law says if you complain this weekend, you will get a reply on monday anyway

like moaning about a late bus and then 3 turn up at once

good luck

Cheers RedX. I'm working now til Mon afternoon, so it will no doubt not matter to wait til them unless I can get a moment to take a look. I'm having to look into this as parents are both ill (heart surgery recoverer of some years and dialysis patient), they really could do without it, but them so could I!!

Redx

yep, no problem , I wish you well on all fronts and I accept its difficult to stop these sc@mmers and profiteers as well as trying to do right by people who arent as well up on matters as we try to be and are ill as well

good luck