Parkingeye parking fine: Rationality of argument during appeal process

HHHJJJ111_2

hello all!


I'm hoping you can all lend me your expertise here. I sadly obtained a parkingeye fine totalling £100. I have appealed the fine to parkingeye formally through their website and they have acknowledged it already but I did not realise there are forums like this where I can discuss with those who have been through appeals.

Details: I parked my car in an underground carpark in a spot that was clearly sign posted as for gym members only. I rarely visit this gym as I live in a different city which I walk to, instead of driving to, so I was not aware of any car park rules at the time of parking. I have spoken to the gym in question before appealing to parkingeye to see if they can remove the fine but they said they could not and that I should appeal to parkingeye.

I would say that its not exactly clearly sign posted (note I did not mention this in my appeal to parking eye). However thinking back the gym has a stand at the front asking if you have registered your car (hindsight here, I was focused on getting my work out done as I was on a tight timeframe) so I think that point is counteracted in some way?

The total time you are allowed to park is 2.5 hrs, the gym has confirmed this on their website for that specific gym I visited. I have got records stating I was using the facilities of the gym via my turnstile when entering my pin showing total time used (105min so total time in the car park was 1hr 52min which includes me parking up and leaving).

This is the main argument I am using which is I was using the car park space for exactly what it was for, that is the gym itself of which I pay a membership each month. So they are not losing out on a space to someone who has wondered to somewhere off site. It brings into question the rationality of the fine as the space is being used for its purpose, its just that I have forgotten to enter my details into the gym system at the front of the unmanned desk. Also the amount charged is extortion, given its used for what its meant for. I have also given them a screenshot of the total time in the gym (105min) from the gyms website itself. I have gone for the common sense approach here which on their FAQ state they would take into consideration.

I wanted to get peoples thoughts on the rationality of my argument and if there was anything else I should have included? This would be the first time I am getting such a fine so hoping my argument is sound.

Final question: My means of paying £60 instead of £100 ends on the 24th april. Whilst I!!!8217;m appealing, will that amount remain until the appeal outcome is determined? If I fail in the appeal, will I have a chance to actually pay £60 or will it be £100?

Browntoa

Pay nothing, you can prove you were there for a period less than the notices anyway ..the deadline they mentioned is purely to scare you into paying up

Read the newbies thread on this section as it has all the templates you need

fisherjim

Please start by reading the newbies thread at the top of the forum this has been covered a thousand times before.

HHHJJJ111_2

I shall indeed! there is a lot of info on their, plan to read it when I'm at home.


Can I asked, based on the info provided, would you say the rationale of my argument is sound? I have a feeling they will turn around and simply state it was all clearly sign posted so appeal failed. Obviously no one can assume what they are going to say, but wanted to get the opinion if what I presented during my appeal is decent.

Browntoa

You have evidence that disputes theirs

Avoid any variation from the template letter in the thread , they have tried and trusted argument in them and no 'mitigating" personal excuse is needed

You don't need to present anything else

Umkomaas

Have you received a POPLA Code from PE?

How you deal with your POPLA appeal will much depend on what you said on your initial appeal. Can you post it up here to check whether you've blown off any toes?

HHHJJJ111_2

no I haven't as my appeal is still with parkingeye. My concern is that if the appeal fails, will I still have the option to pay the discounted fee or will it be £100 should I choose to put the matter to rest?


Here!!!8217;s a version of the one I sent to the Gym initially. Its essentially the same

On the 1st April, I used my multi gym member ship to attend your Gym at 10:40. I used the gym for approx 1hr 50min, leaving the gym at 12:30 (see attached image showing my gym activity - NOTE I HAVE NOT INCLUDED THIS IN THE POST AS IT HAS CONFIDENTIAL INFO).

Sadly during this visit I forgot to enter my vehicle registration on the front desk on the system and was issued a £100 fine. I hadn!!!8217;t gone over the maximum time allowed amount (2.5hrs) and appears that it was due to not registering my vehicle.

I sincerely apologise for this error on my part. I called the gym minutes ago and spoke to Connor who stated I have to appeal this fine via your systems. I was hoping that you could somehow waive the fee as a gesture of goodwill for this one time and also due to the fact that I wasn!!!8217;t abusing parking privileges, as I was in the gym at the time (see attached image showing my gym activity (REMOVED)- but simply forgot to enter my registration at the front desk on the system.

I!!!8217;ve been a gym member for a number of years now and will continue to do so, but I was hoping you could help me in this one instance.

The parking reference number for the fine is: (removed)

My DOB is (removed) and my postcode is (removed) The car in question was a (removed) with car plate number (removed)

Happy to provide any further information to assist with this.

Many thanks and I look forward to your reply

Regards

fisherjim

Oh dear that will fail, pity you didn't come here first and use the template as Browtoa said.

The gym could get this cancelled but they usually agree to a silly clause in the contract that they get charged a smallish fee £10 or so for every one they get cancelled, hence they don't want to.

The "discount" is a bribe to get you to pay up and shut up!

I don't know why you have been so respectful to the PPC scammers and they have no goodwill in them, only financial targets and greed.

By using that appeal you have used up some of your defences by naming the driver, now you need to investigate technical arguments to use at POPLA, all in the newbies thread.

pogofish

There is no rationality in PPC-land. The Newbies Sticky lays-out the proven arguments and tactics.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

HHHJJJ111_2

Just by way of an update, my appeal was successful based on what I sent to them (I mentioned in my post above). Common sense has prevailed here!