Parking Eye - Tower Road

Coupon-mad

Looks good!

Albeit a huge shame still for us to see a hirer who has blabbed about being the driver (chose driver on the appeals page drop-down menu, ouch!) and can't use the 100% winning point about the POFA Schedule 4 and 'no hirer liability'.

Anyway onwards and upwards.

I would add to the grace period part that there was no entrance sign telling you that the timer was already starting against your vehicle, at the very second you drove in. Any reasonable driver would expect in normal circumstances (as opposed to the la-la land according to ParkingEye) that their parking time 'stay' starts when they park, or even when they then pay at the machine and the contract really commences.

Marshall86

I'll add that now.

I'm going to start the appeal process and from reading the newbie thread, I'm right in saying that I select 'other' as being my reason, right?

Coupon-mad

TBH in your case it doesn't matter, as you said who was driving.

You could chose the one saying the car was not parked inappropriately, no worries. Upload the appeal as a PDF, make sure you see the daft little 'bin' icon appear to be sure it's uploaded.

Marshall86

Received the following email from POPLA:

Your parking charge appeal against Parking Eye Ltd.

Parking Eye Ltd has now uploaded its evidence via our portal. This is now available for you to view by clicking here.

You have seven days from the date of this correspondence to provide comments on the evidence uploaded by Parking Eye Ltd.

Please note that these comments must relate to the grounds of appeal you submitted when first lodging your appeal with POPLA, we do not accept new grounds of appeal at this stage.

Any comments received after the period of seven days has ended will not be considered and we will progress your appeal for assessment.

If you have any issues with the evidence uploaded by Parking Eye Ltd such as being unable to view it online, please contact POPLA immediately so that we can look to rectify this as soon as possible.

Yours Sincerely,

POPLA Team



The only problem is, the document that is attached doesn't open

Coupon-mad

Email them back, then!

Marshall86

I've managed to open up the 63 page evidence pack

Part of it states that ticket 1 was purchased at 11:03 (11:03-14:03)
and the second ticket was purchased at 14:05 (14:05-17:05)
We entered at 10:57 but left at 17:16 - so we left 11 minutes after the last ticket expired.

Looks like I'm screwed, right?

Redx

look up the 2 grace periods of clause #13 of the BPA CoP

assume 5 to 10 minutes beforehand , to park up , read the signs , and pay for a ticket

and OVER 10 minutes to leave (or more , its a busy car park and busy road)

OVER 10 minutes means 11 or more minutes !! right ??

now ask yourself , were you within those 2 grace periods ?

if so , nobody is "screwed" , but you havent done enough research !!

ITS EVEN IN YOUR POPLA APPEAL !!!

read any recent 2017 rebuttals and look for issues like contracts, signage , grace periods , no landholder contract etc

Marshall86

POPLA have given me 7 days to respond to the evidence.

Do I reiterate the grace periods again even though it was in my initial appeal to them?

Redx

yes, but not the whole thing , just put in a rebuttal the fact that grace periods cover the times quoted by PE, and look for other failures or errors or omissions

the rebuttal should be fairly short but contain the relevant facts , pointing them at the relevant bullet points in your appeal , and showing the assessor how PE have failed too , by using their own evidence against them

GRACE PERIODS was discussed at length all the way through this thread, so use their own evidence against them , that is the whole idea of being able to comment on their evidence pack (because its the first time you have seen it)

Marshall86

Also, in the evidence pack, they have photos and a map of all the signs (they all say to pay for parking as opposed to mentioning the timer starting as soon as you enter the car park) and there's also a photocopy of the landowner agreeing to the contract