HELP NEEDED - URGENT - PARKING EYE APPEAL VIA POPLA DEADLINE - Pay or Not to Pay???

mbronco3006

Hi there,
Really don't know what to do. I received a PCN from Parking Eye for parking in Tower Road Car Park in Newquay on Sunday 24th September 2017. I put on a 2hr ticket. In total I was 2hr, 11mins.
From driving into the Car Park, until ticket purchase was 8mins. I had a 2 hour ticket, and from the expiry, it took me 3mins to drive out.

I tried appealing via Parking Eye. They refused my appeal.

I then appealed via POPLA, the day after receiving my refused appeal from Parking Eye.
I have the PCN showing the entry and exit time via a camera, I still have my parking ticket to show the time I purchased my ticket, which I attached to show to POPLA,
After Parking Eye refused my appeal, they gave me another 14 days to pay the lower charge of £60, before it increases to £100.
Today is the 13th November, they refused the appeal on 1st November.
I have been checking the update on POPLA every day. It still says In progress!!!! 13 days later.

If I pay today, I only pay £60, but if I leave it, I'll have to pay £100.

Are POPLA likely to refuse this case? If I pay the £60 and then I win the case, I'd be £60 out of pocket, and if I wait to see the outcome, then then lose, then I'm £100 out of pocket. Or I leave it, hope for the best, and win, then happy days!!!

But in light of a valid ticket, no grace period, and only 11mins over the purchased ticket. Are POPLA likely to refuse this appeal?

What do I do? Help please........!!!!!

Kind Regards

Stuart

KeithP

Difficult to answer that question as we haven't seen your POPLA appeal.

But if you clearly explained the grace period issue then you should win a POPLA appeal.

Even if you were to lose the POPLA appeal, you will certainly win if this ever goes to court. There is no need to pay anything.

Let us know the result of the POPLA appeal, and stick with us if it doesn't go the right way.

mbronco3006

I copied the details of my appeal that I sent to POPLA. On looking I have noticed the pre-written appeals of a similar nature. But didn't see them. So at the time I just wrote my account of things. I saved both appeal details to Parking Eye and POPLA. Will post them shortly.

mbronco3006

Appealed via Parking Eye Website on 18th October 2017 at 15.28

I arrived through the gates at the Car Park at Tower Road in Newquay, at 12:01:58 on Sunday 24th September, and put a 2hour ticket on the car. Having spent just less than 2 hours in the Car Park, I returned and drove out. Driving out at 13:13:31.

So effectively I was in the Car Park for a total of 2hrs 11mins, from driving in the gate to driving out. I parked at the opposite end of the Car Park, so had to find a space, park in it, walk to the ticket machine, wait for the 3 people using it before me to use it, then on returning, put 2 children in their car seats, put away the shopping and 2 pushchairs and get out of the car park, with the one car idling near the gate blocking the exit, to program his sat nav/fiddle with his radio and get out of the way for me to exit. All within 11mins!!!!

Although I had read the signage, I wasn't aware that you had no grace period for driving into the car park, getting a ticket, and driving out again. If I had been 20+mins over I could understand it. But I was only 11mins over the total ticket time.

You issued the PCN on 5th October, but I only received it in the post yesterday 17th October. But didn't get it until I got home last night at 8.30pm after work. You have given the time of 14 days to get the reduced fee of £60. So that time is up tomorrow on 19th October.

Please could you reply to my appeal ASAP, as I do not want to pay the increased £100 fee.

Reply by Parking Eye on 1st November 2017 at 4.05pm

Dear Sir / Madam,

Thank you for your correspondence in relation to the Parking Charge incurred on 24
September 2017 at 14:13, at Tower Road, Newquay car park.

We are writing to advise you that your recent appeal has been unsuccessful and that you
have now reached the end of our internal appeals procedure. Our records show that
insufficient time was paid for on the date of the parking event. Please be advised:

There is an independent appeals service (POPLA) which is available to motorists
who have had an appeal rejected by a British Parking Association Approved
Operator. Contact information and further information can be found enclosed.

As a gesture of goodwill, we have extended the discount period for a further 14
days from the date of this correspondence. If you appeal to POPLA and your
appeal is unsuccessful you will not be able to pay the discounted amount in
settlement of the Parking Charge, you will be liable to pay the full amount. If you
have already paid the reduced amount, the Parking Charge will be increased to
the full amount and you will be liable to pay this increase.

mbronco3006

POPLA Appeal – 2nd November 2017 at 5.14am

I arrived through the gates at the Car Park at Tower Road in Newquay, at 12:01:58 on Sunday 24th September, and put a 2hour ticket on the car, costing £3.00. Having spent just less than 2 hours in the Car Park, I returned and drove out. Driving out at 13:13:31. Totaling 2hours and 11mins from entry to exit.

I was in the Car Park for a total of 2hrs 11mins, from driving in the gate to driving out. I parked at the opposite end of the Car Park, so had to find a space, park in it, get the correct money, walk to the ticket machine, wait for the 3 people using it before me to use it, this took a total of 8 mins from first driving into the car park to actually purchasing my ticket.

On returning to the car, within the 2 hours allotted time I had put on, we had to put 2 young children (1yo and 4yo) into their car seats, put away the shopping and 2 pushchairs and get out of the car park, with the one car idling near the gate blocking the exit, to program his sat nav/fiddle with his radio and get out of the way for me to exit.

Although I had read the signage, it was not clear that they didn't allow you a grace period to drive into the car park, getting a ticket, and drive out again. If I had been 20+mins over I could understand the PCN.

But I was only 11mins over the allotted total ticket time that I had paid for of 2hours, 8 mins before and 3mins after.

I think this is totally unreasonable and incredibly unfair, to then charge me £100 parking charge or £60 within the 14 days.


.......................



I also attached a scanned copy of the Parking Ticket purchased showing the purchase time. And details of the PCN, showing the entry and exit time.

Umkomaas

Not the strongest appeal I’ve ever seen, however, as you’ve mentioned the term ‘grace period’, that should trigger the Assessor to examine the appeal in that context.

POPLA do send PE a copy of your appeal for them to upload their evidence. Clearly they have failed to comply with the BPA Code of Practice (Clause 13) on Grace Periods and I’d be surprised, as GPs has been highlighted (albeit not forcibly) to POPLA, PE might just throw their hand in and withdraw.

Even if the don’t withdraw, you will receive a copy of their evidence pack for comment where you will be able to raise the fact more assertively that there is a breach of the Code of Practice.

We’ve seen PE ignore the GPs previously, my theory being they take a chance that the motorist is totally naive in regards to GPs and meekly stumps up.

There is absolutely no need to panic, POPLA should find for you (but there’s always a ‘wobble’ from time to time - but no reason for you to pay PE anything).

Just a thought - have a look on the PE website and check the status of your parking charge - they may have already withdrawn.

The_Deep

Win or lose at PoPLA, it really does not matter. Even if the decision goes against you, you do not have to pay PE a penny, it is only court which matter.


They would be unwise to take put this in front of a judge imo, they would struggle to convince him/her that a contract had been breeched, and even if they did it is by a trifling amount.

De minimis non curat lex

mbronco3006

I actually revisited the area one month later, as I went to Newquay again for the Half Term period (I didn't park in that park, opting for the one next door with no Parking Eye. Even no cameras present this time, I still opted for paying 1hr more than I needed to be sure!!

But seeing about 6people parking at that car park, I did go and let them know my fate, one woman told me it took her 15mins to purchase a ticket via her phone, and if I hadn't told her she would have got caught as well.

I'm guessing Parking Eye rely on catching lots of Tourists this way and must make an absolute packet on PCN's just for this Car Park!!!

mbronco3006

Umkomaas, how can I check the status on the PE website?

Umkomaas

mbronco3006 wrote: »

Umkomaas, how can I check the status on the PE website?

Go as if you are going to pay the charge - you’ll need to put in the appropriate references (probably PCN number and VRM). That should bring up your charge details.

Obviously don’t press the ‘Pay’ button if it also asks for your credit card details.

mbronco3006

Yes I did that, it was still showing as being a £60 charge!