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Parking Eye Tower Road Newquay Out of Hours

maddycat
maddycat Posts: 10 Forumite
edited 3 September 2018 at 3:09PM in Parking tickets, fines & parking
A car under my partner's ownership was unwittingly parked on Tower Road car park in Newquay outside of the payment hours of 8am-11pm thinking that outside those hours, parking was free.
We've just received a parking notice for £100 or £60 if paid within 14 days. But the car was parked there 4 times over two weeks, so now we're assuming we'll get another 3 letters from Parking Eye. This will be £240 if paid straightaway. I cannot believe this.
Are we going to win any appeal?
We've just found a photo of the parking sign online which says when the payment hours are but underneath it, it says no parking outside these hours even though there was no barrier stopping us going in and there were others in the car park too. The driver didn't see this part of the sign.
What on earth can we do to not pay this extortionate fee?
Many thanks.
«13

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    maddycat wrote: »
    What on earth can we do to not pay this extortionate fee?

    Read post #1 of the NEWBIES FAQ sticky thread and send the blue text appeal found therein.

    Send it as it is - no changes needed.

    Send it as the keeper.

    Send a separate appeal for each individual PCN received.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 September 2018 at 11:29PM
    Are we going to win any appeal?
    Yes, very probably, at POPLA stage, IMHO. :)

    Did all the PCNs arrive within 14 days of the parking event, and do they ALL have the POFA 2012 paragraph on the back? Check them all as they arrive.

    If any do not have that wording /arrived late, then you have what we call a 'ParkingEye Golden Ticket' which is easy to beat by not saying who was driving.

    If they all do have the POFA 2012 wording on the back (and most DO, so do NOT start reading the - very similar looking - Reminder letters, please, don't get muddled up) then you should read the recent win about Holy Trinity Church, Newquay, ''no out of hours parking'' (same!), posted in POPLA Decisions. as you can see, these are winnable on that basis and no doubt the signage is similar at both car parks, about the tariff times.

    None of this matters yet, as long as the registered keeper sends online (without saying who was driving) the usual template in the NEWBIES thread, which gets the POPLA code you will need for each one. No appealing in your own words, telling the story of what happened.

    No link given.
    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
  • Quentin
    Quentin Posts: 40,405 Forumite
    @OP


    Throughout here you are advised never to reveal who was driving


    You need to edit your OP to remove details of who was driving


    The PPCs monitor this forum and can use posts in your thread against you
  • maddycat
    maddycat Posts: 10 Forumite
    I thought I had received a 'golden ticket' as the letter came through the post over a month after the supposed incident.

    Apparently, we parked in the car park after hours when you aren't supposed to park there even though there are no barriers and other cars were parked there...

    Anyway, I sent an appeal to POPLA stating that we received the letter after a month and that signage was not clear that the car park was closed, copying and pasting a letter off here.

    But now, POPLA have sent us an email and we have 7 days to comment on ParkingEye's response which is that the signage was clear and they have not responded to anything about the letter being sent over a month later.

    What comments/response can I send back in order to get POPLA to see that this is more about the fact that they sent us the letter so later?

    I've searched the forum but cannot see anything, so if there is something on here, please can you post me a link.

    Many thanks.
  • Le_Kirk
    Le_Kirk Posts: 25,069 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You comment on everything that POPLA (effectively the PPC) say and refute it or counter it. If you made point in your original appeal and they don't deny it, you say you take it as agreed. Remember you only have 2000 CHARACTERS to reply. Because every response is different there is no template.
  • Umkomaas
    Umkomaas Posts: 43,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What comments/response can I send back in order to get POPLA to see that this is more about the fact that they sent us the letter so later?

    Well as you couldn't be bothered to come back on your original thread to answer some vital questions that volunteers were asking in the Autumn in order to help you, no one has any idea about what the NtKs said, or what you said to POPLA in your appeal (or is that appeals as you seem to be dealing with more than one ticket).

    https://forums.moneysavingexpert.com/discussion/comment/74740348#Comment_74740348
    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
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You simply need to say that you are not naming the driver and that they can not make the keeper liable if the NtK was outside 14 days. Refer them to POFA section 9.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    The whole industry is a scam, relying on threats of court, and public ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

    Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

    Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

    Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

    All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
    You never know how far you can go until you go too far.
  • maddycat
    maddycat Posts: 10 Forumite
    edited 21 January 2019 at 10:57PM
    Thank you to the useful and constructive comments.

    Those that say I should have answered questions on my original thread. I read the comment and thanked them and then did what they said. I didn't feel the need to answer the questions on the forum as I had been pointed in the direction of which to go next and followed their advice.

    I find this forum tricky to navigate and have no idea how to find my original thread without scrolling through pages of other threads and do not receive notifications to say anyone has replied to me.

    Comments to the like are not helpful.

    I do appreciate any replies that forum members have given me but we are not all as IT literate as each other. We should be standing against the parking companies - not each other. If you don't want to offer any help, then please scroll on by.

    Kind regards.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 January 2019 at 11:19PM
    click on your own name on the left , click on show all posts

    or up top , above the forum name , it says Welcome maddycat , click on your name and use your control panel CP etc

    alternatively , use the forum search box , advanced , put in your username in the member search box and click show threads or show posts

    use a laptop, not a phone

    on a side note, it is not our job to teach you how to use a forum, the forum help top left of this page and user tools on the right are for that

    if this belongs with your previous thread, pm crabman or soolin and ask them to merge with your original thread
This discussion has been closed.
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