PCN - ParkingEye - Aire street Leeds

boothzor

Hi guys.

So driver was working away up Leeds and was staying in Park Plaza which has no parking. Found a car park opposite the train/bus station and the driver must've spent about 15 minutes reading the sign because it wasn't very clear but did say something like chargeable tariff hours 8:00-18:30. As the driver arrived after the stated time he thought it would be okay to leave the van overnight and come back before 8am which he did.

Few weeks after company gets the PCN for amount of £100.

I have searched a few threads that people has been fined for staying in the same car park as he did, and most of them had the same problem as him with unclear signage and they were under the same impression.

Any help would be much appreciated.

boothzor

Date of event: 28/7/17
Date Issued: 15/8/17

Received the letter 17/8/17

beamerguy

boothzor wrote: »

it wasn't very clear but did say something like chargeable tariff hours 8:00-18:30. As I arrived after the stated time I thought it would be okay to leave the van overnight and come back before 8am which i did.

Few weeks after I get the PCN for amount of £100.

are you certain of the above

boothzor

I've read a thread on here (same car park) and they also genuinely believed it chargeable hours was 8am to 6pm due to misleading signs.

DollyDee_2

https://forums.moneysavingexpert.com/discussion/5617801

See Post #18 for link to pic(s) of signage.

Your Notice To Keeper (PCN) was delivered too late for keeper liability.

Read the "Newbies" thread - top or almost top thread on first page of forum.

Send the blue BPA template appeal to Parkingeye. This will be rejected but you will get a POPLA Code.

Search this forum for similar POPLA appeals and adapt to suit.

Edna_Basher

Based upon the dates you have provided and as Dolly Dee points out, the PCN was delivered too late for ParkingEye to have the right to rely on Schedule 4 of the Protection of Freedoms Act 2012 (POFA) to hold the keeper liable for the charge.

If you look on the back of ParkingEye's PCN you should see no reference to POFA nor any claim that the keeper could ever be liable for the parking charge.

If this is the case, you will have an easy win at POPLA - so long as you do not reveal who was driving.

fisherjim

i must've spent about 15 minutes reading the sign because it wasn't very clear but did say something like chargeable tariff hours 8:00-18:30.

I hope you will be concentrating more on the appeals process!

Did you not read beneath the above:

Overnight: Mon-Sun 6PM-8AM up to 14 Hours £5.50

http://imgur.com/a/jk1Kc

Edna_Basher

Based on the pictures in a PE Evidence Pack from last year, it looks like there are 3 sets of tariffs in this car park:

• Weekday 8am - 6pm
• Weekend 8am - 6pm
• Overnight 6pm - 8am

According to the signs, all daytime tickets expire at 6pm and a separate ticket must be purchased for any night time parking required - a very confusing and unfair system which is clearly designed to entrap motorists.

fisherjim

Edna_Basher wrote: »

Based on the pictures in a PE Evidence Pack from last year, it looks like there are 3 sets of tariffs in this car park:

• Weekday 8am - 6pm
• Weekend 8am - 6pm
• Overnight 6pm - 8am

According to the signs, all daytime tickets expire at 6pm and a separate ticket must be purchased for any night time parking required - a very confusing and unfair system which is clearly designed to entrap motorists.

Yes it's a pigs ear, however if you arrive after 6PM it doesn't take much brainpower to realise an overnight stay will cost £5.50

boothzor

Okay so I go onto the Parking Eye website to appeal the PCN, when it asks you to select 'I am the..' and you select the drop box I guess I select none of the above? Its a works van so I'm not the registered keeper and also I don't want to mention I am the driver?

Or should I select registered keeper so the templates etc are in line and will be easier?

Redx

does it have KEEPER or LESSEE ?

use those if you can