Parking fine for FIVE seconds

MartK1508

In mid December, my partner took our two children to their regular swimming lesson at our local baths. We have been using this centre for the past year or more and have always, where required due to the time of their lesson, paid the 80p per hour ticket.
On this occasion, we ENTERED the car park (the words on ParkingEye) at 17:59:55..five seconds before the 18:00 free parking time.
We have subsequently been sent a letter from ParkingEye requesting we pay the £60 within 14 days or the whole amount of £100 will be due. The usual payment requirements.
This letter arrived on our doorstep on the 23rd December. A nice early Christmas present!
We obviously appealed immediately stating that although we entered the car park at the time given, we had not parked and how can we or anyone else be expected to park, exit the vehicle and get a ticket in five seconds.
We had hoped the appeal would have been overturned as a error and common sense would have prevailed. But no, ParkingEye have rejected the appeal and demanded the payment, although they have extended the 14 day period in which £60 will be due. How nice!.
I am clearly going to be contacting the ombudsman but also the leisure centre about this as we are regular users (and pay for the lessons) and feel they need to know about this ridiculous charge.
I completely understand that the cameras operate on an ANPR basis and will record all entries into the car park before the cut off time and compare them to the exit time and if the car obtained a ticket via the number plate entry system. I feel that upon receiving the appeal, and someone looking at the time of entry and the time of the parking charging ceasing, would have come to the conclusion that it would be impossible to park and get a ticket in the very short period of time stated. You can't even get from the entrance of the car park to a space within five seconds.
Now I am in a job that precludes me from taking any action myself but my partner will be taking this matter forward and hope someone, somewhere has some common sense and cancels this "charge".
I have no intention to pay (although because of my job feel I am in a bit of a tight spot), and would be happy to go to court and see what the magistrate makes of a five second penalty charge.
I would be keen to see what other members of this forum think and please correct me if you feel I am wrong and should pay up.
Thanks

The_Deep

Rather than contact an Ombudsman, inform you local Trading Standards Officer in writing.

Now I am in a job that precludes me from taking any action myself

I very much doubt that. This is a civil matter, what happens if your plumber rips off, do you just suck it up?

Umkomaas

Do you have a POPLA code?

Entry time and exit time do not equate to parking time. It is important to know what the signage says, so please get photos. Do they talk about free parking from 6pm or free entry from 6pm. There's no way you can enter and park in 5 seconds.

Does the letter from PE have a final paragraph on the first page which states 'If after 29 days ........'?

Which Ombudsman do you propose writing to? You must definitely put pressure on the swimming baths to get this cancelled. Is this a council operated car park?

Please, in future posts use the Return key on your keypad to create paragraphs, as the wall of text in your first post is so difficult to read, and many regulars won't spend the time trying to decipher such a block of words; you therefore lose out on the full range of expert knowledge and advice.

Redx

just read and follow the NEWBIES sticky thread , if you have a popla code , use it and draft up a popla appeal

also read the BPA CoP , clause #13 , GRACE PERIODS too

MartK1508

Thanks, I will contact them.
I have also contacted the leisure centre to advise them of this "charge". I don't expect them to do anything, but felt as a paying, regular customer, they needed to know what this company was up to.

pappa_golf

in fact the BPA cop states upto 10 mins to park , , run this to popla , watch them back down , a judge would laugh at this

The_Deep

a judge would laugh at this


Indeed and he/she would probably make them pay dearly for wasting court time. f

pappa_golf

and at 5 seconds to the hour you were not seen parked , you were captured by ANPR camera DRIVING

MartK1508

I have been supplied with a POPLA code.
Yes, the letter does have the "if after 29 days.." paragraph.
I have looked at the CoP and agree with it entirely, however, in my opinion this is a simple case of a vehicle entering the private land, five seconds before the required time to pay the stated charges. It just needs someone with some brains to look at this a bit closer and not to dismiss the appeal out of hand, which from reading the reply sent today, seems to have happened. It looks like a standard rejection letter with no rationale as to why this appeal was unsuccessful.
I do hope that the gang at POPLA see this for what it is...nonsense.

The_Deep

Do not be too surprised if PoPLA find against you, they do come up with the odd turkey. However, all that matters is what a judge says so chill.

MartK1508

If POPLA do find against me, what happens next? Do I ignore the charge and wait for PE to take further action?