Difference between on site and parking

[Deleted User]

Hi,

I have received a PCN from Parkingeye stating that I was on site 11 mins over max 3 hour.

Their sign states parking for 3 hours max no return within 2 hours.

So, as it took longer than 11 mins to get a space and then leave the car park due to it being very busy, (and a poor design as recirculating cars block the exit), do they have to prove I was parked longer than three hours or is their ANP recognition system good enough to show I was on site for longer than the 3 hours?

Umkomaas

Please read the NEWBIES FAQ sticky, post #1 to understand the general issues about private parking. In it you will find a ready written initial appeal for you to use. Its prime aim is to secure you a POPLA code. It’s at POPLA you will be able to beat this.

For POPLA you will need to focus on the mandatory grace periods (note plural) PE have to provide as detailed in the BPA Code of Practice they are required to follow. Clause 13 is what you need to concentrate on.

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

[Deleted User]

Umkomaas wrote: »

Please read the NEWBIES FAQ sticky, post #1 to understand the general issues about private parking. In it you will find a ready written initial appeal for you to use. Its prime aim is to secure you a POPLA code. It’s at POPLA you will be able to beat this.

For POPLA you will need to focus on the mandatory grace periods (note plural) PE have to provide as detailed in the BPA Code of Practice they are required to follow. Clause 13 is what you need to concentrate on.

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

Thanks for that, I see it is a minimum of 10 minutes and as it's a poorly designed car park where the recirculating cars block the exit my 11 minutes will hopefully be OK.

I know it's probably not relevant but I timed it the other day and it took 16 minutes just to get a space.

claxtome

Remember there is a grace period at the beginning of around 10 mins too to allow you to park as Umkomaas hinted at. The CoP is a little vague in this area but bear this in mind when writing your POPLA appeal.

Umkomaas

[quote=[Deleted User];73597177]Thanks for that, I see it is a minimum of 10 minutes and as it's a poorly designed car park where the recirculating cars block the exit my 11 minutes will hopefully be OK.

I know it's probably not relevant but I timed it the other day and it took 16 minutes just to get a space.[/QUOTE]

If it’s a minimum of 10 minutes (to leave the car park), then 11 minutes falls into that category. But you still need to factor in to the ‘overstay’ the ‘reasonable amount of time’ provided by the Code of Practice for finding a parking space. As I said ‘note plural’.

Here’s further information for you to read from the BPA’s Director of Policy & Public Affairs - direct from the ‘horse’s mouth’:

http://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

You’ll be fine at POPLA - but let us see your draft first.

PE should not be issuing tickets like this when they know full well the grace periods’ allowance has not been breached. We would like you, after gaining your cancellation, to make a formal complaint to the BPA and DVLA - all in due course.

For now - whip off that initial appeal (the one in blue text) to PE, then forget things and enjoy Christmas. It won’t be until after the festive break that you will need to do anything further. Then in January and February, get this killed off.

:xmassign:

Half_way

Who's car park was it?
have you complained to the landowner? If not post your complaint here first.

[Deleted User]

Half_way wrote: »

Who's car park was it?
have you complained to the landowner? If not post your complaint here first.

It's a car park shared by 5 outlets, 3 of which we use regularly.

Umkomaas

[quote=[Deleted User];73598042]It's a car park shared by 5 outlets, 3 of which we use regularly.[/QUOTE]

See if any can help, particularly the ‘senior’ one - if obvious. But the likelihood is that there’s a Managing Agent controlling things there.

If there is one, the MA is often listed somewhere near the bottom of the retail park entrance sign that lists the outlets on site. Alternatively ask if the retailers know, or try good old Google.

The_Deep

If any, (or all), of these outlets have Facebook or TripAdvisor pages write bad stuff on them, they hate that.

[Deleted User]

Well,

I first started this thread to ask about the difference between on-site and parking and have received some excellent advice.

The original PCN was received mid November and I appealed by email and received a confirmation a day later.

I have now just received another PCN with the same Ref number and date of event, but it's now got an issue date at the beginning of January with the reduced payment date mid January.

There is nothing about my initial appeal whatsoever and nothing about POPLA at all.

What should I do now, another appeal?

Redx

yes, appeal it , same blue text template but add the grace periods into it by adapting the one I wrote in this thread

https://forums.moneysavingexpert.com/discussion/comment/73242562#Comment_73242562