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Parking Eye

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I overstayed by accident at Fistral Beach whilst on holiday with my family. My daughter asked to go to the toilet on the way back to the car. I took her in search of a toilet while my husband and son went and packed up the car. We walked quite a distance to the toilets to the extent I called my husband and asked if he would come and pick us up. Unfortunately all this meant we were 10mins 40 secs over the 3 hours we paid for. We had a long drive back to Padstow so not going to the loo was not an option. Not knowing the area, I had no way of knowing how far the toilets would be and that it would take so long. I have appealed to Parking Eye and through POPLA and both appeals have been rejected. They are now proposing court action if I don't pay £100 fine. I just feel this is so unfair for a pure accident. Is there anything I can now do?

Comments

  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What research did you do before appealing?
    You should have known that 10 minutes falls within a grace period and that parking eye had no business in accessing your personal data.

    what did you say in the challenge to the scum at parking eye?
    what did you say to the BPA limited puppets at POPLA?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Castle
    Castle Posts: 4,753 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I thought Smart Parking run the Fistral Beach car park?
  • echo6
    echo6 Posts: 39 Forumite
    Why does 10 mins fall within the grace period? The reason I ask is because according to paragraph 13 of the BPA it is not defined and is set by the PPC which they should be prepared disclose to a BPA agent on request.
  • Castle
    Castle Posts: 4,753 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    echo6 wrote: »
    Why does 10 mins fall within the grace period? The reason I ask is because according to paragraph 13 of the BPA it is not defined and is set by the PPC which they should be prepared disclose to a BPA agent on request.
    There are two grace periods; one at the beginning which is undefined, (which are paragraphs 13.1 to 13.3) and the second one is the 10 minute minimum period to leave the car park (para 13.4).
  • echo6
    echo6 Posts: 39 Forumite
    13.4 You should allow the driver a reasonable period to leave
    the private car park after the parking contract has ended,
    before you take enforcement action.

    609_AOS_CoP_June_2013_update.pdf sorry can't post the full url because this site prohibits it!

    Is there an updated version of the CoP?
  • All the versions of BPA CoP can be found from this link:
    http://www.britishparking.co.uk/Code-of-Practice-and-Compliance-Monitoring
  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    echo6 wrote: »
    609_AOS_CoP_June_2013_update.pdf sorry can't post the full url because this site prohibits it!

    Is there an updated version of the CoP?

    Yes, you only had to Google BPA AOS Code of Practice.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • echo6
    echo6 Posts: 39 Forumite
    I did, and got v8 which isn't listed from their home page;
    hxxp://www.britishparking.co.uk/Code-of-Practice-and-Compliance-Monitoring
    hxxp://www.britishparking.co.uk/write/BPA_CodeofPractice_v8.pdf

    So I have sent a query to them asking for a valid url, as V8 is not dated.

    So which is the valid current version, v6 or v8, and what happened to v7?

    I also made a note of some revision proposed by the DVLA, referenced here;
    hxxps://bmpa.zendesk.com/hc/en-us/articles/115002770209-BPA-Code-of-Practice-Revision-May-2017
  • Umkomaas
    Umkomaas Posts: 43,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just reading Appendix A1 tells you that this is ancient.
    So which is the valid current version, v6 or v8, and what happened to v7?
    We’re not in control the BPA’s numbering system - you’re asking the question to the wrong people. But it’s moot anyway!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    echo6 wrote: »
    I did, and got v8 which isn't listed from their home page
    How?

    When I Google those words I get the BPA page with the various CoPs in date order.

    Obviously don't randomly click on a random PDF result, always go to the webpage first result when Googling for this sort of thing - a PDF can be well out of date and left floating around for years.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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