Parking Eye - Tower Road

Marshall86

As ParkingEye's evidence shows, we took approximately 5 minutes to park up and pay and approximately 10 minutes to get back to our vehicle and leave a busy car park, onto a busy road at a busy time of year. Therefore, I would suggest that this falls within a reasonable grace period (clause 13.2 of the BPA code of practice).

In addition to this, ParkingEye have provided a map of their signs, as well as photos of the signage around the car park. However, they do not stipulate that the time started the moment a driver enters the car park and that the time stops the moment you have left - point 4 of my appeal.



How's that?

Redx

so , add that to the GRACE PERIODS claim as proof that the time for parking is what is paid for , not time on site

if the contract is valid , current and not expired , signed and dated by both parties, so if you cannot find any issues with it, leave it out of any rebuttal

the point is that some are illegible, out of date , expired , not signed , not dated etc , so you are looking for any such errors, if there are none , move onto anything else, like signage

as for signage , is it CLEAR like the BEAVIS case ?, or not , are the "fines" buried in small print ? can they all be seen from where the vehicle is parked ? are there good signs at the ticket machine with clear instructions ?

ie:- do they meet the BPA CoP, and the BEAVIS case ? or not

we have already established that the GRACE PERIODS aspect seems to be the best rebuttal , but check for anything else you can comment on

do they talk about the BEAVIS case that they won ? if so , comment on the fact that the BEAVIS case does not apply here as this is a pay and display car park and the parking time was fully paid for

add an extra note to your rebuttal above "so the signs IMPLY that the actual parking time is paid for , which it was as detailed in their own evidence pack"

Coupon-mad

Marshall86 wrote: »

Looks like I'm screwed, right?

You are joking, right?!

(clause 13.2 of the BPA code of practice).

Not just 13.2, your case falls within both clauses (the observation periods on arrival one, and the grace periods after expiry of ticket time).

Marshall86

I've just looked again and it is actually a witness statement, not a contract.
The witness statement is signed by the manager of the golf club to say that PE are authorised and that they have written authority to undertake parking management, enforcement and control at the site under contract.

There is no copy of the contract with the landowner as part of the evidence.

On the sign that is near the pay machine, there is a section that says failure to comply with the terms and conditions will result in a £100 fine

Marshall86

Coupon-mad wrote: »

You are joking, right?!



Not just 13.2, your case falls within both clauses (the observation periods on arrival one, and the grace periods after expiry of ticket time).

So is that 13.2 and 13.4?

Coupon-mad

there is a section that says failure to comply with the terms and conditions will result in a £100 fine

Doubt it says 'fine' but hey ho, it's unimportant.

So is that 13.2 and 13.4?

Yes - you should reiterate BOTH the grace periods clauses of the BPA CoP and lay it on think about the time of year/how busy and narrow the car park is when trying to drive out, and how busy the main road was.

Go on about the fact the time taken to leave was NOT unreasonable, given the unique facts of this heaving, popular tourist car park, its position beside a busy main road with traffic lights at the bottom (I know the place) with stationery queues of beach traffic almost permanently blocking access onto the highway so that cars cannot just leave. All cars must wait several minutes to join the road when the traffic lights change, etc.

Redx

so call it into question , anything and everything you find that you can , including the witnness statement , and state there is no clear contractual path to the actual landholder themselves (that manager may have no authority to issue such a statement)

and there is more to clause #13 than 13.2 , thats only half of it (also 13.4)

and when quoting things like the signs , say what it ACTUALLYS SAYS , dont paraphrase by saying "fine"

no private parking company can "fine" you , or me

Marshall86

As ParkingEye's evidence shows, we took approximately 5 minutes to park-up and pay and approximately 10 minutes to get back to our vehicle and leave a busy car park, onto a busy road at a busy time of year. Their evidence clearly shows that the time for parking was paid for. Therefore, I would suggest that this falls within a reasonable grace period (clause 13.2 and 13.4 of the BPA code of practice).

In addition to this, ParkingEye have provided a map of their signs, as well as photos of the signage around the car park. However, they do not stipulate that the time started the moment a driver enters the car park and that the time stops the moment you have left - point 4 of my appeal.

Finally, their evidence includes a witness statement from the manage of the golf club. There is no evidence of the contract that is mentioned to ascertain ParkingEye's landowner authority.

Redx

add (or expand) the bits suggested by myself and by coupon mad above

Marshall86

Right, I'll add to it now - thanks for your help.