Parking fine for FIVE seconds

Umkomaas

MartK1508 wrote: »

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

Don't even go there. The work you will have to do over months before any court hearing will make the work you need to do for a POPLA appeal pale into insignificance.

Just read some of the threads here - 'XYZ Parking Company is taking me to court' and see what's involved in a court case. It's not a case of rocking up at the county court and letting fly with a rant to the Judge!

Similarly a written rant to POPLA will see a rejection, then with PE it's likely to be a fast track to court papers. They are the most litigious parking company in the country - 30,000 cases a year.

So learn how to properly construct a winning POPLA appeal by reading the NEWBIES FAQ sticky, post #3 and where there are some model POPLA appeal points ready for copying and pasting. Use those sensibly and correctly (let us see your draft first) and 9 times out of 10, PE will opt out of responding, giving you a default win. Case closed.

Last time from me, please paragraph your posts!

Guys_Dad

I would, if it was me, make a simple appeal point based on the fact that the ANPR clocked you driving in and that you had not even left the car to read the t&c by the time the free oeriod started.

At the point of reading the signs, within the BPA grace period, you saw that it was now during the free period.

Quote the BPA Code of practice re Grace periods and leave it at that. Frankly, you have a genuine, non technical appeal point.The standard appeal points will only confuse and obfuscate your actual real point as they tend to help those in a less clear cut situation.

MartK1508

Thanks to all.
I have had a response back from the leisure centre. They acknowledge that the fine is "frustrating" but have confirmed the "car park is free to use before 0800 and after 1800 Mon-Sat".
I agree that the last point by Guys Dad is valid and will be a strong basis to the appeal.

pappa_golf

MartK1508 wrote: »

Thanks to all.
I have had a response back from the leisure centre. They acknowledge that the fine is "frustrating" but have confirmed the "car park is free to use before 0800 and after 1800 Mon-Sat".
I agree that the last point by Guys Dad is valid and will be a strong basis to the appeal.

define car park ?

An area or building where cars or other vehicles may be left temporarily:


define road?

A wide way leading from one place to another, especially one with a specially prepared surface which vehicles can use:

define PEs ANPE cameras?

cameras often placed on land without planning permission that capture vehicle DRIVING passed or under them , and often situated some distance from the designated parking area

Coupon-mad

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.

It would not be a Magistrate, just a County Court with a Judge - and yep, this sounds ridiculous.

However I have to caution anyone against relying on just one appeal point, not least because long appeals with a decent argument as the first point work. Again and again and again.

I agree, Grace Periods is first and foremost, but with MORE after it = unclear and ambiguous signs not forming a contract to pay because the car was not parked before 6pm; and definitely 'no landowner authority' to force PE to think whether they want to show the landowner contract or not.

Both those are pre-written as template POPLA appeal points in post #3 of the NEWBIES thread and IMHO should be used every time, to encourage any PPC to give up as it isn't worth contesting. A short appeal might seem a good idea but it makes it easier for the PPC to contest on just one point, then blind POPLA with the science of the Beavis case as interpreted by the dark side.

peter_the_piper

Would there be any mileage on getting PE to prove their clock is accurate for such a small time? Or could it bounce back on the OP?

fisherjim

This whole scenario is ridiculous, Parking Eye are being Muppets, the leisure centre are gutless, and inept (what "fine" are they talking about)!

I have parked many times in car parks a minute or less before the free time kicks in, very often the machine tells you when you wake it up its now free until say 8am the next day.
Or if you insist on feeding it cash it gives you say a ticket from 8am to 9am the next day.

If POPLA have a brain blip and don't get the argument that when the driver parked and read the instructions the paid time period finished 4 minutes prior I would imagine a judge would.

I would not even bother with the scamming idiots at PE validating their timings, they have admitted the car entered 5 seconds before the cut off, and paying for that 5 seconds left on entry is nigh on impossible, or required by any reasonable argument, law or pathetic COP.

Remember you have a gang of poorly paid call centre type Muppets firing out rejections en mass, reading and understanding your plight is the last of their intentions.

The_Slithy_Tove

How about sending this to the Daily Mail? Much as I detest that hate-filled, bigoted, xenophobic rag, getting them to publicly humiliate PE would bring much satisfaction.

Guys_Dad

The_Slithy_Tove wrote: »

How about sending this to the Daily Mail? Much as I detest that hate-filled, bigoted, xenophobic rag, getting them to publicly humiliate PE would bring much satisfaction.

Good idea.

MartK1508

UPDATE: After contacting the leisure centre, I received a call from the manager the next day. He requested I send the copy of the fine to him. He has stated that this should never have been sent as already mentioned here, the 10 minute grace period should have been added.

PE have now cancelled the fine, obviously with no apology, but good news anyway.

Leisure centre can not be faulted as they made the effort to help.

Thanks to all on this forum who assisted. Thankfully I have not been required to take any further action.