Tower road Newquay - ParkingEye

welshy270

Hi All,

Have, inevitably it seems, had a Parking Charge Notice after we visited the Tower Road car park in Newquay.

I have had a quick look around and feel happy searching out the neewbie info and researching poopla? cases which have won in this location, just have a couple of questions particular to my ticket...
1. 21min overstay - do you think this is reasonable to argue grace periods? 1 minute over the minimum required so I would think so but your confirmation would be nice to have.
2. Delivery time - event took place on the 02/08/18 and notice came through the letter box today 17/08/18. I have seen some people asking about this but do not know the rules as to why it is important? I gather it's either 14 or 15 days but do I fall in or out of this and how does it effect things?

Many thanks in advance for any info you can provide,

Coupon-mad

Does the PCN have the POFA paragraph on the back about keeper liability?

21 mins is not the overstay after paid time, is it?

21 mins includes the time at the start to drive in slowly past people, surfboards, beach paraphernalia and cars turning round to park, then eventually to find a space, park, get everyone out, lock the car, walk over to the nearest machine queue, wait in line, then read the signs & get the coins or sort out the app and pay.

...and then at least 10 mins (another grace period) time at the end, at the height of the August Summer holidays....

To read a POPLA appeal like this, search POPLA surfboards beach as keywords.

Umkomaas

1. 21min overstay - do you think this is reasonable to argue grace periods? 1 minute over the minimum required so I would think so but your confirmation would be nice to have.

Absolutely arguable, especially as this is holiday season plus the very hot weather conditions means that Newquay is rammed. Gridlock, queues, Parking chaos, people loaded with deck chairs, inflatables, kids........ (you get the drift). This time of year is the easiest to argue beyond the minimum. And of course there's a 10 minute minimum for entry, so you need to factor in all the same seasonal issues.

But be careful on the entry GP because PE will have logged your entry time and logged your ticket purchase time. So if that's (say) 8 minutes you can't argue any more time.

Using this example, you would therefore need to argue a 13 minute exit GP.

2. Delivery time - event took place on the 02/08/18 and notice came through the letter box today 17/08/18. I have seen some people asking about this but do not know the rules as to why it is important? I gather it's either 14 or 15 days but do I fall in or out of this and how does it effect things?

PE have 14 (calendar) days to deliver (serve) the Notice to Keeper (NtK) from the day following the parking event in order to hold the RK liable. Count the parking event date as Day 0, then work from there.

What is the 'Date of Issue' on the NtK?

Does the NtK have the PoFA warning paragraph on the reverse which commences 'If after 29 days ........'?