Parking Eye - Tower Street Newquay

greggiea

Hi
I went on holiday with my three children and we were not staying in Newquay. We went there for a day's visit on Tuesday 30th August.
I paid for an all day ticket as we were at the beach. We left at 17.50.42 but decided as we were leaving to go to the Crazy Golf next door. We parked in the other car park and again paid for the parking.
We left there at 19.05


On the 3rd September I was issued with a ticket not saying WHY I was issued with one just stating the time I arrived and left - no reason for the fine?


On the 12th September I received another fine again no reason WHY it was being issued?


I found out that both car parks are owned by Holy Trinity Church in Newquay who when I rang confirmed they use Parking Eye and it is £1.30 (I think ) per hour.


My son has Type 1 Diabetes and I recall after crazy golf he was in a HYPO meaning his sugar levels were dangerously low and he needed to correct this immediately. My youngest daughter went and got him a fizzy drink and we sat in the car park waiting for him to recover. This is what I have put on the first fine but now I have received the other one I believe they are just trying it on with everyone?


What should I do now? I refuse to pay for something unless they can say what I have done? Shall I also write to the Church - they do have a website.


Please help?


Angela

Carthesis

Hi again!

As I mentioned on the other thread, you should read the *NEWBIES* thread which explains the process - linky: https://forums.moneysavingexpert.com/discussion/4816822

Basically, you send off the template appeal letter which is shown there, filling in the appropriate information. You may have additional grounds for appeal over and above what is listed in that letter, but don't worry about that for now and save it for later. It's basically just to get the appropriate referral code - in this case for submission to POPLA. IN the case of the charge you've already appealed, it sounds like you might have inadvertently revealed yourself as the driver, which isn't ideal but is by no means fatal.

Secondly, you should contact the church that owns the car parks, complaining vociferously about the treatment you have received, explaining the situation, and demanding that they get ParkingEye to cancel the charge. Don't do it by phone - do it in writing.

I'm afraid I live in the Grim Northern Wastelands of England, so I'm not familiar with the area at all, so can't help further than that, but some of the others on here know the area better it seems so may be able to decipher more of what you're saying than I - but it seems like you've paid for parking twice and have been issued postal PCNs (which are serving as the Notice to Keeper) for each occasions, although the reason why is missing from both the notices?

If so, this is a clear breach of POFA Schedule 4, Paragraph 9, Clause 2 c) which states:

"describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable"

As it's seemingly a P'n'D car-park, I'd hazard a guess that they are alleging you parked for longer than you paid for. Hopefully you will still have the tickets? Or failing that, if it was one of the new-fangled ticket machines, a charge on your account showing the amount you paid that can be related to an allowable parking period.

You may get rejected, and they may bring up reference to "a landmark Supreme Court cases that stated Private Parking Company charges are enforceable in law" or something similar. If so, don't panic! The case to which they refer is Parking Eye -v- Beavis, and is only applicable in certain, rigidly-defined circumstances, which if the car park in question was a P'n'D simply don't apply in this case.

I tell you all this because it seems like you might be panicking, and there is really no need to. Read the thread I linked so you know what to write next time, and just go through the motions.

DollyDee_2

I've posted on the other thread too. There are 3 car parks one after the other Newquay Golf Club, Tower Road (with Bunker Cafe and Crazy Golf) and then Holy Trinity Church. All infested with Parking Eye.

Marktheshark

Your first mistake was parking on one of their car parks.
They are notorious for this trick.

They could not care less about what disability your son has as you will soon find out.
So, start reading about POPLA and how to make a POPLA appeal in the stickies at the top of the parking forum.

Make sure you do not repeat the mistake and look out for their signs and make sure all your friends and family know to do the same.

greggiea

Hi
I have been reading with interest the newbie thread, however it states to read Section POFA Act and the link was supposed to be there but it was not


1 question - this second charge I have just received - I have now written to the Church who own the land requesting them to cancel BOTH tickets so shall I now appeal also or wait for the Church's response?


Thanks in advance

greggiea

Hi
Yes we parked at two on the same day and got 2 fines!!!

Coupon-mad

greggiea wrote: »

Hi
I have been reading with interest the newbie thread, however it states to read Section POFA Act and the link was supposed to be there but it was not

Yes it is there, I just checked. Click on the Act link itself (Government link to legislation) if you want to understand it.

But really you only need to send the first appeal right now online and not overthink it. ParkingEye are considered by POPLA to 'comply' with the Act except in cases where they use a non-POFA PCN (you can tell by the fact that the front page does NOT have anything about 'keeper liability after 29 days' nor reference to the POFA 2012 - instead it has a white space near the bottom, if it's a non-POFA one sent too late).

surveyor_101

hasn't the op in this case admitted they were driver by sending back the form?

OP PE are bully boys they can have a terrible case and no they will lose but will still threaten and hope you cave in an payout. They are not hard to defeat at POPLA appeal with advice from this site but never admit who the driver was and ask fro a POPLA appeal as it costs them £27!

They struggle to provide coherent and clear information to appeals and often lose. In my case they sent photos of sign that stated they were removed on the bottom years ago. Their site plan didn't match the photos they sent. It was a joke and they lost.

However they play the odds and hope you will get scared and pay, that their business model, bully money out of people.

Coupon-mad

My son has Type 1 Diabetes and I recall after crazy golf he was in a HYPO meaning his sugar levels were dangerously low and he needed to correct this immediately. My youngest daughter went and got him a fizzy drink and we sat in the car park waiting for him to recover. This is what I have put on the first fine

Have you appealed then and have you said who was DRIVING in BOTH cases? If so then the POFA means nothing to you, it's in the bin if someone appeals saying who was driving instead of using a template like the one in the NEWBIES thread.

hasn't the op in this case admitted they were driver by sending back the form?

Dunno? Appealing in itself doesn't admit who was driving.