Tower Road Newquay parking fine

Lee12

Hi,

I've just received a parking fine form the Tower Road car park in Newquay. A quick google brought me here so I thought I'd ask for some advice.

On the day I went to this car park it was very busy. I circled for half an hour and left without finding anywhere to park. Now I have a fine for not paying for the parking that I didn't use.

Do all complaints have to be put in writing or can it be done over the phone?

The letter states that "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 to ParkingEye Ltd (as the creditor), by the driver."

There were signs at the pay and display machines but there was no sign on entry to the car park telling me how long I could circle/wait for a parking space to become available.

How long do you usually have to find a parking place at these car parks?

Redx

I will give you rule number 1)

1) NEVER , NEVER , NEVER phone a parking company (or a debt collector)

rule 2) - see rule 1)

your appeal (based on what you see in the NEWBIES FAQ sticky thread) will be by whatever method the pcn (not fine) tells you

as its PE , you appeal as KEEPER on their website (online)

do not reveal who was driving

no idea who you are going to complain to ? the landowner ? (always a good idea to do this)

circling is not parking and its happened before to ivor pecheque who won the court case

use the blue text appeal , add a note that "the driver could not find a parking space and eventually left the car park , your cameras only record the time spent onsite , not parking time , no parking spaces were available so the driver did not park"

you are normally allowed maybe 10 minutes to either find a spot or leave

Lee12

Thank you. I was just reading though that thread and trying to get my head around it. It does assume you know all the acronyms, such as:

PCN - then I noticed the top of the letter said parking charge notice.
PPC - private parking company?
NTK?

I don't know how to find out if this car park is an IPC member but I'll assume they're not as i've read people have received a POPLA number from them.

I didn't know how to find out if this car park is a BPA member but I've just notice the BPA logo on the top of letter after reading the whole letter again.

Thank you for the advice. I have found the template you are referring to and will be submitting this.

Redx

it does not assume anything like that, sorry to say

you missed post #2 , that explains the acronyms

the BPA website will tell you who their members are, as will the IPC website (its not rocket science)

Lee12

Ah, ok. I'm still trying to get up to speed on this. I'll have a look at that.

Redx

here is where PE lost their court case 2.5 years ago

http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

almost identical

the transcript is on the PP website

that person posts on here about matters in cornwall as ivor pecheque

might be worth reminding them of their court loss (with reference number) due to the same happening here , show them you know what you are talking about

it is THEIR FAULT that they dont monitor parking time , merely time on site

The_Deep

PE should cancel this if you write to them explaining what happened, they are more than familiar with the problem.


If they reject your appeal they are in fact accusing you of lying, and you can warn them that, if they insist in you appealing to PoPLA, you will be invoicing them for your time in doing so.

Lee12

I have sent my appeal before seeing these last 2 messages but thanks for the information.

If PE refuse to cancel this PCN can I really attempt to charge them for my time? And at what rate?

Coupon-mad

No chance of claiming your costs from PE in the way you are describing. If they refuse to cancel then it's POPLA time. So do not imply who was driving.

How long do you usually have to find a parking place at these car parks?

- How long did the camera show the car there for?

- Does the PCN mention the Protection of Freedoms Act in a paragraph near the bottom of the front page?

- Have you searched the forum for 'Tower Newquay' as keywords? Don't bother including 'road' for obvious reasons.

Lee12

- How long did the camera show the car there for?

31 minutes.

- Does the PCN mention the Protection of Freedoms Act in a paragraph near the bottom of the front page?

No. It talks about the release of information if you believe your details were obtained fraudulently but no protections of freedoms act.

It also says "terms and conditions of the car park by which those who park in the car park agree to be bound." I didn't park so I didn't agree to anything.

- Have you searched the forum for 'Tower Newquay' as keywords? Don't bother including 'road' for obvious reasons.

I did find this thread. forums.moneysavingexpert.com/showthread.php?t=4761489

Ivor_Pecheque

Circling isn't parking.

Parking Eye know this, as the Judge told them when I circled the nearby Fistral Beach Car Park.

http://www.parking-prankster.com/case-law.html

See CS018