Parking Eye - 13 min stay -

pysspd

Keeper received a PCN from Parking Eye for 13 mins overstay 'failed to make appropriate tariff payment'. Is it worth appealing this to POPLA (after of course appealing to PE). Would 13 mins fall within grace periods? My belief is that grace periods are not defined as such, but do regulars here feel it would stand much chance at POPLA. Thanks all.

Coupon-mad

Would 13 mins fall within grace periods?

Yes it could do, if you paint a picture of the type & (large) size of car park, how busy it was, that it was during the January sales or something if a retail park. Or that it was pay by phone or a crappy machine that took ages to work...if it wasn't a free car park.

Do you mean you were only there 13 mins all told, or that they've suggested you spent 13 mins too long, either side of allowed free or paid-for time?

HOWEVER: never never take PE to POPLA before you have firstly completely exhausted the landowner complaint option (and I mean exhausted it). PE cancel LOADS of PCNs when told to by retailers and retail park owners, but once it goes to POPLA, they charge £60 to cancel.

beamerguy

pysspd wrote: »

Keeper received a PCN from Parking Eye for 13 mins overstay 'failed to make appropriate tariff payment'. Is it worth appealing this to POPLA (after of course appealing to PE). Would 13 mins fall within grace periods? My belief is that grace periods are not defined as such, but do regulars here feel it would stand much chance at POPLA. Thanks all.

This is what the BPA say .....

https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

NOTE:
“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”

Who is right, the BPA or Parking Eye ????

pysspd

Thanks. It was 13 mins all told. Car park was full, even though it was a Sunday afternoon. Entered waited a while for a space - then had chance to read signs (high up and hard to read) and decided to leave as the tariff was considered too high and didn't have right change. Road was quite busy leaving. Would this cut it with POPLA? I am guessing 13 mins might be a tad 'borderline'? Don't think the the land owner option is a goer - keeper wasn't shopping anywhere.

Coupon-mad

Thanks. It was 13 mins all told. Car park was full, even though it was a Sunday afternoon. Entered waited a while for a space - then had chance to read signs (high up and hard to read) and decided to leave as the tariff was considered too high and didn't have right change. Road was quite busy leaving. Would this cut it with POPLA?

Yes that description is the sort of thing to include.

If you are local, pop back this weekend and get pics when it is very busy, and a picture showing that the exit leads to a busy main road, where all cars must wait (and get a further pic of there is a traffic light just along that road, to prove that cars can't leave this car park and drive away when the light outside is red and a queue blocks the exit for minutes at a time - AS IT DID ON THE DAY.

You didn't get a (late) Golden Ticket did you? See pic in the NEWBIES thread post #3.

pysspd

Unfortunately not a Golden ticket as far as I can see.

With respect to grace periods I can see the 10 mins on entry working (is it necessary in first appeal to PE to mention poor signage or is it just taken as given that there is a 10 min grace period to read and digest the terms?)

The trouble is accounting for the other 3 mins. I don't think the 10 mins on entry and 10 mins on exit can be added together, but does 3 mins to get out seem unreasonable? Turning left out of the car park there is a Zebra crossing about 10 meters away and the road leads to a Morrisons petrol station (these are often backed-up with people buying fuel. So I am saying this would not be part of any grace period but a sort of frustration of contract trying to leave the car park in time, but being unable to. Don't live locally so getting pics etc may be difficult. Thanks for all the advice so far.

Umkomaas

3 minutes to exit is easy. Car park congestion slowed you from exiting your space, strange car park, missed the exit lane, had to recircle, queues backing up to exit the car park ....... you get the drift.

I'd say that's much easier to argue than the 10 minutes up front.

D_P_Dance

All the PE signs that I have come across fail imo to be able to form a contract. They are either too high, the font is too small, or they are too wordy, or all of the above, read this thread and complain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading&highlight=

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Use pictures taken from Google Street View; do a virtual walk round/drive by.

pysspd

Yes, good plan. Looks a little like the case reported in the Telegraph in Feb 18 - 'Couple fined £100 for overstaying at car park because they got stuck in a queue trying to leave'. Ignoring the poor journalism (the 'f' word), apparently PE turned them down on appeal, then Popla claimed they knew they were going to be late out, so should have paid for more parking (stuck for an hour it appears, rather than 3 minutes as here). Seems PE cancelled as a 'gesture of goodwill', More like they cancelled as they didn't want any more publicity. Anyway, does it make a material difference that PE are claiming on the PCN that it is for 'either not purchasing the appropriate parking time or by remaining at the car park for longer than is permitted'. Can they claim both as an 'either/or' or can the keeper claim this is too vague and hence likely to prejudice any appeal made?

Umkomaas

Anyway, does it make a material difference that PE are claiming on the PCN that it is for 'either not purchasing the appropriate parking time or by remaining at the car park for longer than is permitted'. Can they claim both as an 'either/or' or can the keeper claim this is too vague and hence likely to prejudice any appeal made?

You can argue the point by all means. It does need to be bottomed out, but PE have been using the either/or clause for a long time.

If you’re up for it, make it part of your POPLA appeal, but expect POPLA to duck out on commenting.