Parking Eye - Tower Road

Marshall86

When emailing John Callagher - I will mention that I've not actually received anything from PE then.

Will that make a difference?

Coupon-mad

Nope because you blabbed about who was driving so the NTH point wasn't open to you. Sorry to say, it was 100% a winning point for a Hirer. As I said before you appealed to POPLA, this point was wasted because you named the driver:

Coupon-mad wrote: »

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'.

However, I would email Mr Gallagher using the complaints@ email address (that you will find on the POPLA website) saying that one of your appeal points was not considered; nothing was said by the Assessor about the lack of grace periods. State that this flies in the face of the POPLA Annual Report 2016 which says on page 11:

''In addition to a grace period at the end of the parking period, we would also expect parking operators to offer a period before the parking contract commences in which to consider the parking conditions and decide whether to park.

In an ANPR controlled car park where no statement on the signs indicates that the parking period begins on entry to the car park, as opposed to when a vehicle parks, we may discount the amount of time between entry and parking when calculating the grace period at the end of the contract. This is because the average motorist would assume that a period of parking begins when they park the vehicle, and not when they enter the car park.''

http://www.popla.co.uk/docs/default-source/default-document-library/popla-annual-report-2016.pdf?sfvrsn=2

So ask Mr Gallagher (and quote the above at him, and use the words 'procedural error'):

Why did the Assessor not allow the two grace periods before and after paid for time?

Why did the Assessor miss the point entirely about grace periods, when both parts of para 13 of the BPA CoP were quoted in support of the appeal?

Because clearly a driver cannot magically teleport into a bay, and pay at the machine, in no time at all - there MUST be time to find a space and lock the car and pay at the machine. And the signs here do not inform drivers at the entrance, how the ANPR data is to be used and that the parking period begins on entry to the car park, as opposed to when a vehicle parks.

The decision also reads as if the Assessor thinks no money was paid, they talk about £7.20 being due and don't mention that you paid anything.

What did PE's evidence pack say about how much you paid? It always lists it...near the start of the blurb in their evidence.

Redx

as above , and get his name right too , Gallagher with a G , you dont want to start off on the wrong foot after all !!

but the GRACE PERIODS was and still is the best appeal point , given that somebody "blabbed" about who the driver was

lesson learned for the next time, no blabbing , because you had perhaps 3 excellent appeal points for a KEEPER, and only grace periods as a driver

hopefully he will see that it needs to be looked at again and find in your favour ?

otherwise, its argue the case PROPERLY to a judge at your local county court , when PE issue an MCOL

Marshall86

Coupon-mad wrote: »

What did PE's evidence pack say about how much you paid? It always lists it...near the start of the blurb in their evidence.

It showed the followed:
10:57 - entered car park
11:03 - paid £3 for 3 hours
14:05 - paid £3 for 3 hours
17:16 left car park

Coupon-mad

It showed the followed:
10:57 - entered car park
11:03 - paid £3 for 3 hours
14:05 - paid £3 for 3 hours
17:16 left car park

So a perfectly reasonable 5/6 minutes at the start, to drive in during the Summer at a beach car park, look for and find a space, park and then go to the machine read the signs and pay.

Then a perfectly reasonable 2 minutes to use the machine again when the first ticket expired - not even after it expired! The 2 minutes is the time taken at the machine!

Then a perfectly reasonable 11 minutes to load your bags and passengers, drive out of the space, past pedestrians and surfboards and turning cars, wending your way to the exit, queue up and leave slowly onto a VERY busy main road, at the end.

Eleven minutes being held by the BPA to be 'about to be updated' back in 2015, to the BPA CoP, to change para 13 to fall in line with byelaws cases. Eleven minutes is deemed the standard 'industry minimum' exit grace period after paid-for time, or would have been, had the BPA actually bothered to update the CoP two years ago, or at all. They plan to do so now but seem to have forgotten the agreed eleven minutes being the minimum allowed.

Well worth defending at a real court hearing.

Utterly unreasonable to get a PCN for this excuse, and we don't even know if this site landowner in fact insists on a 15/20 minute grace period anyway, because PE redact that part of the contract for POPLA.

Complain to your MP and to the Newquay MP:

https://forums.moneysavingexpert.com/discussion/comment/73047342#Comment_73047342

And complain to POPLA, as already set out on 23rd August in earlier replies.

Marshall86

So nearly 4 months later....

I didn't get a response from POPLA after emailing the complaints department due to the unsuccessful appeal not taking into acount my strongest point - insufficient grace periods.

Today I received a 'final notice' from ParkingEye saying I have 14 days to pay otherwise it will lead to further action. Further action could include referral to a credit reference agency, instruction of solicitors to secure payment, referral to debt recovery or in issuance of court proceedings.

Coupon-mad

Send them a letter asking for a compliant LBC if they plan to proceed to at court. Find similar letters written all over the forum since October, by searching for the word 'immune'.

You had a case before and you still have a case now; this is defendable.

Marshall86

I'll search for 'immune' now.

What is the purpose of this letter? Won't ParkingEye just tell me why I have the charge etc? I'm nit very 'in the know' with these things

Coupon-mad

The purpose is to show YOU complied with the pre-action protocol and attempted to resolve the dispute outside of court in a reasonable manner, even if PE did not. Judges don't like to see no response.

Marshall86

My only worry is being able to afford a solicitor and for it to go to court.

I'm a bit annoyed that POPLA haven't responded to my complaint about the lack of a response to the grace period in my unsuccessful appeal.