Parking Eye - Tower Road

Marshall86

Hello, I thought I would come on here to see if anyone could give me a bit of advice about a parking fine I have received.

I hired a car for a week in Cornwall. We entered a car park in Newquay (Tower Road) and we paid for 3 hours of parking. When the 3 hours were up, we were back at the car and decided to put another 3 hours on. Anyway, 3 hours later we came back to the car.

Now the fine I have received is because we were there for 6 hours and 18 minutes. The evidence supplied is a picture of us entering the car park and then leaving the car park. I assumed the time started when we parked up and did not think that when we got back to the car, we needed to leave immediately (we spent a few minutes getting the kids changed, sun cream, finding out where we were going next etc..)

I appealed because i assumed the time would start when we parked up and bought the ticket as opposed to when we officially entered - the appeal was unsuccessful.

Do I basically need to pay the fine? Or is there a chance in contesting it successfully?

Thanks for your time.

Umkomaas

Contest it. Have ParkingEye given you a POPLA code? Use it within its time limits. PE are nasty and don't hesitate to sue people, especially those who do not follow due process.

How you frame your POPLA appeal (post #3 of the NEWBIES FAQ sticky tells you how to do this, including template appeal points) will depend on what you said in your initial appeal to PE.

Can you post it here so we can advise the direction you now need to follow.

When is your POPLA deadline?

Marshall86

Thank you for the response.

I did get a POPLA reference code.

In my original appeal I explained that the extra 18 minutes was when entering and leaving the car park (we paid for 3 hours - came back to the car and paid for another 3 hours).

Marshall86

Also, I should add, it was a hire car and I was the only one insured to drive it.

As well as the fine from parking Eye, I have to pay the hire car company £48 in admin fees

Umkomaas

Also, I should add, it was a hire car and I was the only one insured to drive it.

Why would you want to do that?

As well as the fine from parking Eye, I have to pay the hire car company £48 in admin fees

You need to be fighting that as well. Which car hire company? Did they follow their trade association's guidelines for dealing with this?

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

Precisely what documentation has PE sent you. Was it a 'Notice to Hirer'? Did they attach a copy of your agreement with the car hire company?

You still haven't provided us with the information we require to really help you.

Please revisit the questions I asked in post #2; we don't ask questions just for fun! We are extremely busy most days here and it's just so frustrating and time consuming to have to read back through threads again to pick out the key questions that haven't been answered.

We're really trying to help you, please help us.

Marshall86

When renting the car, I had to sign to say I was the only driver (didn't think much of it as my mum doesn't drive and my partner wasn't sure she would be able to make it at the time of hiring)

The car hire company = South Mids hire LTD

I received an email from the car hire company to tell me that they were transferring the parking charge to me and that I needed to pay £40 plus VAT. In the email they including the invoice for the £40+VAT, the Parking charge notice and the contract that I had signed with them (stating that I would be liable for any parking charge under the road traffic act 1991). To ensure I didn't get lumped with the £100 fine, I responded to Parking Eye using the information on the email from the car hire company. Parking Eye have not actually contacted me directly.

Apologies for not providing you with all the info - I'll try to do so now:

I do have a POPLA reference number and the deadline is within 28 days of the rejection on 4th July - so the 1st August

I don't know how I can find the exact wording of the appeal as they haven't sent me a copy and I don't appear to be able to view it on the parking eye website.

Redx

the fact is that millions of people in this country are insured to drive it, so although the hirer was the only person included on the hire form for their own insurance, it does not prove who the driver was unless said driver is stupid enough to admit it

I could have been the driver

the hire company employees could have driven it

the local car thief could have been the driver

it could have been a case of TWOC for all anyone knows

and the hire co are taking the mickey because their paperwork will not cover private parking charges

that ROAD TRAFFIC ACT 1991 does not apply on private land , so you dispute the charges and get a chargeback due to the hire co not following the BVRLA guidelines and charging money under false pretences

it would appear that the hire co have failed under POFA2012 and not notified PE nor provided PE with copies of the hire contract , nor have PE issued a pcn in your own name due to all these failures by all parties

however , if you have a popla code , draft a popla appeal based on post #3 of the NEWBIES sticky thread and read any edna basher posts for advice on popla appeals for hire cars etc

ps:- it is not a "fine" , dont use the word "fine" (or penalty) as this gives people like the hire company ammunition to think they are right , when in fact its an INVOICE and their contract with you wont provide for issues about third party "invoices" - so whoever told YOU that it is a "fine" is a moron (that is the correct term for any person who thinks it is a "fine")

Coupon-mad

In the email they including the invoice for the £40+VAT, the Parking charge notice and the contract that I had signed with them (stating that I would be liable for any parking charge under the road traffic act 1991).

As Redx says, that's not applicable to a fake PCN from a private firm. So once you win this, we'll help you fight that £48 too.

Anyway - important things first - in your appeal did you admit to being the driver or did you call yourself 'hirer' and not say who parked the car?

This would have been so easy to win, had you merely waited for the Notice to Hirer to come to you and then appealed as hirer/lessee. Your POPLA appeal would have been 100% a winner because PE do not send compliant NTH paperwork.

So, did you say who parked? Or did you say 'we' and not let on?

Now the fine I have received is because...

It's not a fine.

we were there for 6 hours and 18 minutes. The evidence supplied is a picture of us entering the car park and then leaving the car park. I assumed the time started when we parked up and did not think that when we got back to the car, we needed to leave immediately (we spent a few minutes getting the kids changed, sun cream, finding out where we were going next etc..)

Please go onto PE's website and put in the VRN and PCN number and view the details, we want to know how that 18 minutes is spread? How much was before paying, on arrival, how much time (if any) between the two payments was the car NOT covered by a ticket (if at all) and how many minutes were 'overstay' at the end after expiry of the second ticket?

PE's website should show this, I think. Please tell us that time breakdown exactly, and whether the driver was admitted.

Marshall86

Sorry for the delayed reply - internet issues!!

I did not specify that I parked the car - I would've used pronouns like 'we' but did not explicitly say I drove.

I'm annoyed at myself for not coming on here first - I just assumed I was screwed and had to pay.


After visiting the PE website, the information it gives me is as follows:

Contravention Date/Time
31/05/2017 17:16:00

Contravention Location
Tower Road, Newquay

Location Address
Tower Road, Town Centre, Newquay, TR7 1LX

Stay Duration
6 hours 18 minutes

Allowed Duration
0 hours 0 minutes

Paid Duration
6 hours 0 minutes (£8.00)

Status
Open

Redx

do you have a valid popla code ?

when does it "run out" ?? (hint , there are 28 to 33 days for a popla appeal following the issue of the code)

clause #13 of the BPA CoP applies (there are 2 GRACE PERIODS , one before the event and one after)

so if you are appealing to popla , draft a popla appeal including grace periods , see post #3 of the NEWBIES sticky thread

Marshall86

Thank you

I do have a popla code and it runs out on the 1st aug