Parking Eye Ticket

shaftonred

So having lost a court case last year to VCS (BW Legal) i find myself now with a parking fine (PCN) for my car being parked in a car park whilst my wife was visiting a seaside town. They arrived and paid for the parking via phone and 3hrs later returned to the car with our son... due to strapping him into his car seat and giving him his drink meant that the car left the car park 6 mins later and subsequently the APNR cameras picked up on this and I now have a £100 fine (£60 if paid within 14 days).....


So the question I have is do i appeal to them and let them know the circumstances or is it fruitless?

Redx

its not a "fine"

read clause #13 of the BPA CoP on grace periods

then read and follow the NEWBIES thread, using the blue text appeal to appeal as KEEPER on their website (no mentioning about who was driving and do not mention any "circumstances" either)

if what you say is true (a 6 minute overstay), then clause #13 wins it at popla

ShakeItOff

You need to appeal as keeper using the template in the NEWBIES thread. No changing of that template. See what happens. You should get the chance to go to POPLA if you appeal to PE in time.

If you have been to court, you'll know that you can expect debt collection letters (ignore, don't bin), and that you come back here with a draft defence should a claim surface in the next 6 years.

In the meantime, it will be worth downloading and reading up on the BPA code of practice is respect of grace periods.

shaftonred

ShakeItOff wrote: »

You need to appeal as keeper using the template in the NEWBIES thread. No changing of that template. See what happens. You should get the chance to go to POPLA if you appeal to PE in time.

If you have been to court, you'll know that you can expect debt collection letters (ignore, don't bin), and that you come back here with a draft defence should a claim surface in the next 6 years.

In the meantime, it will be worth downloading and reading up on the BPA code of practice is respect of grace periods.

Cheers, I have however read the BPA code of practice and spent many hours on this forum before being confident for my court date only to see the Great British justice fail as they admitted not even looking at the video evidence i had supplied and allowed the representative to interrupt at will... this turned my £60 fine into £450 +


I'm kind of reluctant to spend many hours appealing for the same outcome and just wondered if these companies have been known to accept that people simply dont just arrive back to their cars with children and leave straight away.

KeithP

shaftonred wrote: »

Cheers, I have however read the BPA code of practice and spent many hours on this forum before being confident for my court date only to see the Great British justice fail as they admitted not even looking at the video evidence i had supplied and allowed the representative to interrupt at will... this turned my £60 fine into £450 +


I'm kind of reluctant to spend many hours appealing for the same outcome and just wondered if these companies have been known to accept that people simply dont just arrive back to their cars with children and leave straight away.

I have two issues with this post.

1) why did you allow 'a £60 fine' to transform into a £450+ debt?
Did you make no attempt to argue that the claim was excessively high? I'm not going to read your other thread to find out, but it really is your fault if you lost a case and had to pay much more than £200 for one PCN.

2) People simply don't just arrive back to their cars with children and leave straight away.
People need to realise that stowing away prams, surfboards, children etc all take time, and all the time they are doing that - they are parked. In other words, if packing your car takes ten minutes, you need to start packing your car at least ten minutes before your parking time is up. That really isn't what grace periods are for.

MistyZ

shaftonred wrote: »

just wondered if these companies have been known to accept that people simply dont just arrive back to their cars with children and leave straight away.

I guess you mean you'd like to appeal simply stating the entirely understandable reason for the short overstay in the hope that P.E. will see sense(?)

Sadly that is unlikely to happen. Most appeals based on mitigation are non-starters. However I would think that a POPLA appeal based on Grace Periods and some other relevant points would have a good chance of success. And there are plenty of POPLA appeals on the forum that would be pretty much good to go with just a little tweaking required.

If you're even thinking of appealing you'd be well advised to edit your post ASAP to conceal the identity of the driver.

ShakeItOff

You have the opportunity to appeal. Why not use it? You would then have the opportunity to try POPLA. Why not use that too?

Redx

if the alleged overstay is merely 6 minutes, plus if you have read the BPA CoP, then you would know it is 2 simple appeals that would take less than 10 minutes each to do

the BPA CoP clause 13 that you say you have read easily covers 6 minutes , seeing as it talks about a minimum 10 minutes to depart
only a fool would not spend 2 minutes doing the online appeal and 10 minutes constructing a popla appeal

for clarity, here is last years court case for an IPC member (not a BPA member)

https://forums.moneysavingexpert.com/discussion/5559206/parking-charge-notice-calder-park-wakefield-help

Egbert_Nobacon

Are you sure the PCN was for a 6 minute overstay ?

Could you have entered an incorrect VRN when paying by phone.

You have no need to use car parks in Clacton as there is loads of on street free parking available.
I have never had to pay in the last 20 years.

Coupon-mad

I can tell you 100% this is NOT about a 6min overstay. P/Eye never issue a PCN for that.

It is either:

- a wrong VRN recorded on the keypad, or

- an accumulation of the time at the start, to pay by phone (how long?) added to the six minutes at the end.

You can appeal on grace periods if the PCN timings show it is the latter. You can tell by comparing the PDT ticket, if you kept it, to the PCN arrival time.

If it's only 6 minutes over, all told, then the PCN is NOT for 'overstay' but is for a 'keying error' in the VRN and you need to just send the usual template appeal that already covers PDT machines & VRNs.

shaftonred

KeithP wrote: »

I have two issues with this post.

1) why did you allow 'a £60 fine' to transform into a £450+ debt?
Did you make no attempt to argue that the claim was excessively high? I'm not going to read your other thread to find out, but it really is your fault if you lost a case and had to pay much more than £200 for one PCN.

2) People simply don't just arrive back to their cars with children and leave straight away.
People need to realise that stowing away prams, surfboards, children etc all take time, and all the time they are doing that - they are parked. In other words, if packing your car takes ten minutes, you need to start packing your car at least ten minutes before your parking time is up. That really isn't what grace periods are for.

In reference to point 1 i didnt let it get this high. As in keeping with this forum i took a lot of good advice and followed every step. However BW Legal took the case to court and i subsequently lost despite the court not even looking at the video evidence of the site... hence my concern at doing the same with this.


In reference to point 2, in the same way that everyone doesnt rush straight out of their car to the pay machine you could argue that as soon as a car hits the APNR that the parking should start..... it took just as long to get to the machine having taken the kids out and queuing up for ages before deciding it was best to pay by mobile... i then arrived back before the parking ended but had to change his freshly soiled nappy, strap in my son and then go pick my wife and daughter up as we'd rushed to get back....