Worth Appealing ?

MadManCalpol

Hello,

I'm trying to be vague, but give enough info for some advice so please be nice.

I received a PCN from ParkingEye.

Its a NTK.

The vehicle was recorded entering a car park at 23:49, and leaving at 00:24 the following day. So stayed 34 mins.

No fee was paid, as the driver was waiting for somebody.

Is it worth appealing this ? I have read the sticky, but i'm wondering if its even worth the hassle or the driver is bang to rights. I know Parking Eye will reject any appeal.But what would POPLA do ? If they reject the appeal, then it won't be worth the time appealing

Fruitcake

We cannot predict what PoPLA will do as we have no idea what you would/could put in a PoPLA appeal.

Inadequate signage, no standing to bring charges, not the landowner, non PoFA compliant NTK (golden ticket) are all possible options, but only you know if any are relevant.

As for the driver waiting for someone, that's called parking. Failing to pay for parking is the reason why the scammers exist.

MadManCalpol

My NTK does have the wrong model of car on it.

The car is 1.8 petrol and the NTK has Desire HDI....is that a good reason ?

Quentin

Parking Eye are very litigious


So be prepared for a court claim if you don't try POPLA


Though driver was simply "waiting" won't get you anywhere

The_Deep

Were the signs well lit, they are rubbish anyway, read this

https://forums.moneysavingexpert.com/discussion/5972164

Also get your MP on board as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

MadManCalpol

It was at the Town Quay car park in Southampton at the Ferry Port.

I can't get down there to check the signage, but google maps is showing there is a few around but they look more about the charges than the actual contract.

KeithP

Town Quay Southampton. Isn't that covered by byelaws?

Gets mentioned on here quite often.

Use those bold words in the forum search facility to discover how others have dealt with it.

MadManCalpol

Byelaws ? What are those ?

Fruitcake

MadMan-JaMeS wrote: »

Byelaws ? What are those ?

Something that may help you greatly if they apply.

Use a search engine to find out about them, plus search key words on this forum such as "Town Key Southampton byelaws", setting your criteria to search posts and searching both capital and lower case initial letters.

The incorrect make/model of car is irrelevant.

Have you compared the NTK against the strict requirements of the PoFA 2012 to see if keeper liability applies or fails to apply? Do you have a Parking Lie golden ticket?

Have you complained to the landowner?

You should also complain to your MP about this unregulated scam.

MistyZ

It's a shame you can't get down there as it would be useful to know how well-lit the signage is at night.

Is there anyone you know in or near Southampton who might oblige? If signs are difficult to read or even see after dark it'd be good to embed images in a POPLA appeal.

Do try a landowner complaint. If a ferry arrived late ... if the person the driver was waiting for was in any way infirm / elderly or even if simply female and therefore wary of walking out of the port on their own at that time of night .... any of that would be worth including by way of explanation. But try it anyway (without identifying the driver).

Fruitcake

Have a look on google maps or similar to see if any images show the entrance or any of the signs that might help.