Tower road Newquay parking charge notice

delow

Hi i just received a parking charge notice from Parking eye for parking in Tower road Newquay car park , i arrived at 12:41 and left 15:00 but this was the entrance and exit to the car park ( as photographed ) but by the time i got some change my ticket says 12.46 and we arrived back 2 hrs later but the inside of the van including steering wheel was to hot to touch so i opened the doors and let it cool down for a few minutes and then got the satnav up and running and left . There is nothing that i can remember on the sign saying that you were paying from the second you entered to the second you left the entrance and exit . The charge is £60-£100 which would work out over £3 a min if £60 charge was paid for getting ready to leave . Do i have a good case to appeal ? thanks

Redx

this place features on here every week , so any grace periods fall under the BPA CoP , which in theory is up to 10 minutes before the parked time , and OVER 10 minutes to leave , so typically around 21 minutes in total, longer if you were "driving round and round waiting for a parking space" - like ivor pecheque in their court case , and even longer if the road was busy preventing escape

so clause #13 of the BPA CoP covers it, but also you will add other factors into your popla appeal

use the blue text appeal from the newbies sticky thread, adding a paragraph that says

clause #13 of the BPA CoP applies and will be featured in any future appeal or court defence , as well as other legal arguments

DO NOT REVEAL WHO WAS DRIVING

forget the idea of the charge being unreasonable , it wont wash since BEAVIS lost almost 2 years ago

delow

Thanks , does the blue text appeal start off with
I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis

first time on the forum so not a 100% on how to find anything
do i just put #13 of the BPA CoP applies and will be featured in any future appeal or court defence , as well as other legal arguments at the end of the email thanks

Redx

yes, but add the word clause before #13 blah blah

delow

Great i'll email this over to them now and see how they respond

Coupon-mad

Yes that's right. But not email.

You go to the PE webpage and appeal, choosing 'registered keeper' ONLY.*

You could just replace the usual paragraph about 'data protection', with this instead:

ParkingEye failed to allow a suitable observation period at the start, and grace period at the end of paid for time. You appear to think that a mere 5 minutes between driving in the entrance and paying at the machine, and a mere 13 minutes at the end, is unreasonable. The BPA CoP disagrees and allows a MINIMUM (not maximum) ten minutes at each stage. As confirmed by the BPA's Kelvin Reynolds, these stages can take longer, due to individual circumstances, not limited to disability but relevant to the time of year, type/size of car park and how busy it may be. When the occupants of the van got back in time, within 2 hrs from paying, the inside of the van including the steering wheel was to hot to touch, so the driver had no choice but to open the doors and let it cool down for a few minutes before leaving, weaving between pedestrians and other cars.

This is an exceptionally popular tourist location where the crowds and traffic manoeuvre in a narrow single lane space in places. This and the fact cars have to wait to leave (one by one) onto a main road, means that just the process of queuing to leave this site in Summer, could easily take up to 15 minutes, even without the heat of the day being an issue for being able to immediately drive the van.





* was the PCN with you within 15 days of the parking event and does it mention 29 days and keeper liability, and the POFA 2012, on the back?

Rachel_Knight-Hurley

Exactly the same has happened to us! We received our fine notice this morning, after having used Tower Road car park last week whilst on holiday. We are being fined because we ARRIVED at the car park at 14.25, and didn't leave until 16.36. However, we had trouble finding a space when we arrived, then had to queue at the machine for our ticket, so our ticket starts at 14.31. Like you, I had no idea that you are charged from the moment you enter! Also, we weren't late getting back to the car. My husband had gone on ahead to make sure he had moved the car out of the space in time. He was waiting for me and my 7 year old son at the entrance. My son had fallen over on the track going back to the car and grazed his knee, so we were walking a bit slower. I can't believe the attitude of PE parking. It's nothing short of extortion.

germanvictim

Same to us. We are from Germany and not used to be charged from the moment we enter. We thought it is the ticket time that counts (as usual in Germany).
Entering Car Park: 14:02 (Parking Eye Photo)
Ticket (3 Hours): 14:15
Departure: 17:20 (Parking Eye Photo)
The 13 minutes after entering were caused by a queue searching for one of the few parking lots left (it was a warm and sunny day). Another queue at the ticket machine. We had absolute no reason to stay longer at the car park as we are forced to. What do we do there? Having a 13-minute-party in a car park?

The 5 minutes overstay before leaving should be covererd by grace time. So we thought.

I apologise for maybe asking the same question one more time. I've read the Newbie-Thread. But since I am from Germany, I want to be sure to not make a mistake. As far as I can see, there is no privat messanges funktion, otherwise I would have used it (f.e. to coupon-mad).
We want to appeal. Is it sufficient, to write only(!) the text of post #6 (coupon-mad) in the appeal? Or do we have to add something?
Again sorry for maybe beeing annoying.

Coupon-mad

Rachel_Knight-Hurley wrote: »

Exactly the same has happened to us! We received our fine notice this morning, after having used Tower Road car park last week whilst on holiday. We are being fined because we ARRIVED at the car park at 14.25, and didn't leave until 16.36. However, we had trouble finding a space when we arrived, then had to queue at the machine for our ticket, so our ticket starts at 14.31. Like you, I had no idea that you are charged from the moment you enter! Also, we weren't late getting back to the car.

My husband had gone on ahead to make sure he had moved the car out of the space in time. He was waiting for me and my 7 year old son at the entrance. My son had fallen over on the track going back to the car and grazed his knee, so we were walking a bit slower. I can't believe the attitude of PE parking.

It's nothing short of extortion.

Yes, it is extortion. Trading Standards in Newquay should step in over this sharp practice.

You all need to follow the NEWBIES thread re appeal.

And write to complain to YOUR MP and the Newquay MP mentioned here, and ask who the Trading Standards contact is:

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

As far as I can see, there is no privat messanges funktion, otherwise I would have used it (f.e. to coupon-mad).

I don't take private messages, sorry, no time!

We want to appeal. Is it sufficient, to write only(!) the text of post #6 (coupon-mad) in the appeal? Or do we have to add something?

Yes, it will do, but change the times to suit your own timings. Give your address in Germany.

If yours was a hire car, you MUST choose 'hirer/lessee' to describe who you are, NOT driver, on the ParkingEye webpage.

Do not say who parked.

@''german victim''

- please also email the Newquay Member of Parliament, Steve Double MP. Add your complaint!

- you might want to contact this other German poster, William, who won his appeal about Tower Rd:

https://forums.moneysavingexpert.com/discussion/5690489

HTH

germanvictim

Yes, it will do, but change the times to suit your own timings. Give your address in Germany.

If yours was a hire car, you MUST choose 'hirer/lessee' to describe who you are, NOT driver, on the ParkingEye webpage.

Do not say who parked.

Done.

please also email the Newquay Member of Parliament, Steve Double MP. Add your complaint!

Done.

you might want to contact this other German poster, William, who won his appeal about Tower Rd:

Also done. Although the cases seem to be a little bit different, he might have some more advice for me.

Thank you all!

ilse_2

We were at the Tower Road car parking at 27/08/17, we arrived at 10.26 and left at 15.10, at the time I paid it was written up to 5 hours £ 5 pounds.
or I did not get it right? today
I received a fine for an amount of time, if I paid for 5 hours and stayed 4.43 minutes, something is wrong.
can anybody help me?
The amount I paid for the time I got is wrong? I live in London and I can not go to the front of the machine to check.
thanks.
I have the ticket saved with me.