Parking Eye Seel Street Liverpool

Drummer_Engineer

Hi,
I've viewed many threads and haven't seen one that matches my circumstance...

I was driving my wife's car (my wife is the RK of car)

I drove into a car park in Liverpool City centre (so as not to block the street), we had gone to collect our daughter from work (one of the pubs on said street). As I only intended to be there for maybe 2 minutes I didn't buy a parking ticket (pay & display) thinking the 10 minutes grace period would cover us. As it happened my daughter had walked 10 mins away to make it easier for us to collect her ... DOH! I said we'd be there shortly but she said no wait there, it'll be quicker. Well, in the end we were on the car park for 12 minutes according to the PCN my wife has received.

Arrival time: 18:13:46
Departure time: 18:26:41

Obviously I am at fault, they have requested £100 or £60 within 14 days. Seems a bit excessive for 12 minutes...or 2 minutes taking grace period into account.

They have cited para 9(2)(b) under section 4 - POFA2012 and stated a warning under Para 9(2)(f) under section 4 - POFA2012

We haven't responded yet, only got PCN yesterday.

As I am in breach of the conditions am I actually obliged to pay up or is there chance of appeal.
?


Thanks for any help
D_E

Redx

yes you are liable for being tardy, unless you can make clause #13 of the BPA CoP stick either at POPLA or in court (the signage formed your contract, but they must abide by the BPA CoP and any laws as well)

especially liable if they have passed the POFA test on wording and timescales, plus they beat BARRY BEAVIS 3 times and the charge they want now is not excessive according to the SUPREME COURT 2.5 years ago in that Beavis case, despite what you may think to the contrary about the charge

so the 10 minutes allowed under GRACE PERIODS may work if you were delayed on site for example, say there was a vehicle in the way preventing you leaving, or the road was backed up (think about it)

I have no doubt that this was a breach of the conditions, but for an extra 2 minutes you may get away with it

plus, hiding behind POFA is no good if they complied , so unless you have a "golden ticket", it depends on how brave you are over the excess of 2 minutes (not the charge being levied)

a valuable lesson for the future, because its a trap that is easily fallen into by the unwary like you

if your WIFE (NOT YOU) is appealing , use the blue text template from the NEWBIES sticky thread, choose KEEPER, on the PE website


at this moment in time , its not YOU in the dock , ITS YOUR WIFE

The_Deep

This is what happens when you use private car parks and do not pay, but take heart, they may not be able to scam people for much longer.

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

Drummer_Engineer

Hi, thanks for your replies. Guess I need to go and inspect the car park signage.

Umkomaas

Drummer_Engineer wrote: »

Hi, thanks for your replies. Guess I need to go and inspect the car park signage.

..... and take your own photos/video and take a birds eye image print out of the car park (from Google Maps/Earth) and mark on it where each sign is located . If your parking event was during the hours of darkness, some nighttime photos (without flash) should also be taken.

Make sure you have photos where the precise wording from the signage can be read. Where the details on signs differ from each other, capture photos of the wording of each. The signs are the purported legal contract between the PPC and the driver. Important evidence.

Drummer_Engineer

Oh, okay thank you


The photos of the car reg that they sent are only just visible too.

Ralph-y

Have you tried searching the forum for further help/info ?


and in



https://forums.moneysavingexpert.com/discussion/5888039/claim-form-seel-st-liverpool&highlight=seel+street


and


https://forums.moneysavingexpert.com/discussion/5481329/seel-st-liverpool-pe&highlight=seel+street


there will be more






HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.



Ralph:cool: