Parkingeye PCN {POPLA APPEAL WON}

misterbarlow

Hi guys,

Just taken on fighting a charge on behalf of a family member who hasn’t a clue!

You guys successfully helped me get one cancelled a few years back, so I am not totally green to this whole scam, I have re-read the sticky as things change over the years, so just thought I’d check I am on the right track.

The driver attended a job interview at an office complex adj to a motorway services.
Their car park was full, so they told the driver to park in the services as they’d only be an hour or so.
The driver did this, took the interview and drove home not realising how long they had kept them, six days later they received a postal PCN from ParkingEye for an alleged overstay, claiming on a 2hr limit, that the driver stayed for 2hrs 20mins, via ANPR photos.
Charge thereafter for 2-24hrs was £15.

The reverse of the NTK quotes POFA.

We cannot complain to a landowner, we contacted the company, they said the services opposite are not their land and they are not on it, so nothing to do with them so cannot help, and the driver did not visit or was a patron of any of the franchises in the actual services, so we cannot really complain to any of them.


We have appealed online as keeper using the template, and have now received the standard rejection with POPLA code, so we can now go through & cut up some appeals on here and bang out our own POPLA appeal.


Am I correct in assuming grace periods is the main argument here?? 10mins before and after puts the stay perfectly at the allowed two hours!!

And then followed with poor signage/no contract, landowner consent, & flawed ANPR!!

All good?? Anything else I should tag on??

Once it’s drafted I’ll slap it up & hopefully someone can give it a once over….

Thanks…

Redx

yes, do those and anything else that is in recent popla appeals and the newbies faq thread post #3


post the proposed draft when its ready, for critique

Coupon-mad

and the driver did not visit or was a patron of any of the franchises in the actual services, so we cannot really complain to any of them.

Worth a try...surely !

Starbucks etc. have been good at cancelling ParkingEye PCNs at services for years. Nothing to lose and ALWAYS exhaust all avenues of complaint, BEFORE POPLA as it can't work after you lose at POPLA (it's then too late, PE always tell landowner/retailers!).

misterbarlow

ok, so we contacted a vendor at the services who said they are there under licence from the services owner, and so cannot help and to contact the services company.
I have done that, and this is the drivel I had back..

May I explain that Welcome Break have always charged for parking after a free stay period. Parking Eye were instructed by us in 2010 to monitor and enforce the regulations detailed on the signage in our car parks using ANPR (Automatic Number Plate Recognition) with payment terminals located inside the building and prior to this we used the services of another car park operator who adopted a manned attendant approach.

You will notice that the same parking restrictions apply at all other motorway service areas in the UK such at Moto, Extra and Road Chef i.e. 2-3 hours free parking, after which time, parking tariffs apply. The 2 hour free parking policy at Welcome Break is made clear by signage at the entrance and throughout each of the main parking areas.

Welcome Break; along with other Motorway Service Area operators have a requirement to manage our car parks as it is important that we are able to provide enough parking spaces for regular traveller and long distance travellers. We are unable to provide this if our car parks are full of long term parking vehicles. By charging for parking after the 2 hour free stay, we ensure that our car parks have enough spaces for visitors.

The government advice is that motorists should take a break of at least 20 minutes every two hours and all motorway service providers need to provide free short term parking up to 2 hours. Welcome Break, along with other motorway service providers, have a 2 hour free parking policy.

As a result, Welcome Break has instructed Parking Eye to manage, monitor and enforce Welcome Break parking regulations on our behalf.

There is a process in place for customers who receive parking charge notices that they believe to be unfair or unreasonable. Parking Eye runs an extensive and fully audited appeals service with each appeal being looked at on a case by case basis. If Parking Eye rejects your appeal, you have a further opportunity to appeal to POPLA (Parking on Private Land Appeals Service). This is an independent body for assessing parking charges on private land. The decisions made by this body are binding on Parking Eye but not the motorist.

There is signage detailing the parking charges on the entrances to the car parks and also on the main walkways to the main buildings to highlight that charges apply after the free 2 hour period. The terms and conditions of our car parks are outlined within the signage located within the site. We strive to ensure that these are as clear and apparent as possible and can confirm that we believe there is plenty of notice given to users of our site so that they are made aware of these terms and conditions. In relation to signage, All Parking Eye signage fully adheres to industry guidelines as set out by the British Parking Association.

The appeals process is managed directly through Parking Eye and you can make your appeal via the Parking Eye website:

Welcome Break can confirm that Parking Eye have full authority to act as an agent on behalf of ourselves as the land holder to conduct car park management services on our sites, this includes making contracts in their own name through the signage located on our sites.

If you feel your Parking charge has been received unfairly than please follow the appropriate steps of appeal with Parking Eye clearly stating your reasons why, unfortunately at this point Welcome Break would not be able to offer any further comment on this matter and would ask that you direct any points that you wish to raise with Parking Eye directly.

Kind Regards

Also have have cut and chopped a POPLA appeal together from some in the sticky, and thrown a few bits of my own in if anyone could take a look..??

misterbarlow

just a friendly bump, as I seem to have sunk without trace to page 5 over the wknd....

nosferatu1001

Which bits are your own? So we dont waste time revieiwng the same exact appela...

misterbarlow

Mainly parts 2&6...

[edit]
Have sunk without trace to page 8 again after 4days, nobody found time to review my appeal yet, not a problem, so I have deleted for now and submitted to popla..

If a winner i'll repost!!!

misterbarlow

Also, for info, just came across this video posted a few days ago from my local MP Stephen Doughty, re parking companies..

https://www.facebook.com/StephenDoughtyMP/videos/542818572836763/

Umkomaas

Stephen Doughty has been admirably involved in the Parliamentary dates on this. Quite an ally for the cause. Have you contacted him about your situation?

Here are the Parliamentary debates if you've not previously viewed them.

SIR GREG KNIGHT PRIVATE MEMBERS' BILL

https://hansard.parliament.uk/Commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

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

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

Coupon-mad

and all motorway service providers need to provide free short term parking up to 2 hours.

That's not correct. In fact it's the opposite.

The DFT rules on MSAs state that the services must provide free parking of 'at least' two hours:

https://motorwayservicesonline.co.uk/MSA_Policy

misterbarlow

A quicky re POPLA appeal..

We submitted the appeal on 17/09..
Been checking every few days and it just says awaiting operator evidence..
Now today 12/10 it says box 2 ticked, operator information and evidence received..
but it then says

"Your appeal is being assessed
We have received information and evidence from the parking operator about your appeal. We have started assessing your appeal. You do not need to take any action."

with no further info about what PE sent, how I view it, or the opportunity to rebut it?? Is that normal?