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Parking Eye POPLA Appeal, 7 mins over

Smiler97
Posts: 17 Forumite
Hello,
First off I just want to apologise if anything similar has been posted to this.
Secondly some background, I have recieved a parking ticket for being 7 minutes over the free allocated two hours at a new Parking Eye site in Newtown, not sure I should mention the exact one for privacy/ any parking eye people looking at this thread.
I have just had my appeal rejected by Parking Eye after using one of the templates about grace periods and not admitting to driving the vehicle,asking for proof of adequate signage and asking for proof that they have the authority to issue a parking charge on the land. After doing some more reading it looks like my defense is pretty inadequate as it looks like the grace period only applies to payed parking. The car park allows the first two hours free then any period afterwards is chargeable. Does anyone think I should continute to mould my defense around the grace periods as I think a 7 minute charge is very unresonable.
A note should be that this car park doesnt have any parking bays its just an open piece of land next to a couple of shops. I contacted a shop which informed me that the signs and meter were put up on the 20th of June and my parking charge was on the 10th of July, I have been parking in this car park for years previous to recieiving this charge.
Thanks
First off I just want to apologise if anything similar has been posted to this.
Secondly some background, I have recieved a parking ticket for being 7 minutes over the free allocated two hours at a new Parking Eye site in Newtown, not sure I should mention the exact one for privacy/ any parking eye people looking at this thread.
I have just had my appeal rejected by Parking Eye after using one of the templates about grace periods and not admitting to driving the vehicle,asking for proof of adequate signage and asking for proof that they have the authority to issue a parking charge on the land. After doing some more reading it looks like my defense is pretty inadequate as it looks like the grace period only applies to payed parking. The car park allows the first two hours free then any period afterwards is chargeable. Does anyone think I should continute to mould my defense around the grace periods as I think a 7 minute charge is very unresonable.
A note should be that this car park doesnt have any parking bays its just an open piece of land next to a couple of shops. I contacted a shop which informed me that the signs and meter were put up on the 20th of June and my parking charge was on the 10th of July, I have been parking in this car park for years previous to recieiving this charge.
Thanks
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Comments
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Literally impossible to think grace periods only applies to paid parking. The BPA CoP makes no such distinction
Easy appeal to POPLA on grace periods.
Then complaint to BPA.0 -
Also read what the BPA Cop says about new rules requiring more temporary signs
Clause #13 of the BPA Cop is what will win this for you, 2 grace periods when parking, one before, one after, ensure you split your total into both of these grace periods, because it's not one period, it's two periods, neither of which exceeds the arrival of departure allowances0 -
Who cares if Parking Eye reads this forum, they probably do to check if we think they are scamming you.
7 minutes ..... read what the BPA say
https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods
Pay machines and ANPR cameras are inclusive
I think Parking Eye think the general public are idiots as they keep on ignoring "grace periods"
Complain to the BPA about this abuse as a BPA member.
Once PE reject, they mostly do to extort money, you have POPLA to appeal to0 -
I cant find where I read that it only applied to payed parking but thank you for the quick reply. I am happy to now on a second search of google that this applies to free parking also.0
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After doing some more reading it looks like my defense is pretty inadequate as it looks like the grace period only applies to payed parking. The car park allows the first two hours free then any period afterwards is chargeable. Does anyone think I should continute to mould my defense around the grace periods as I think a 7 minute charge is very unresonable.
Do let us see your draft POPLA appeal before firing it off. PE seem to be disregarding any grace periods in pursuing their charges, and if the appellant isn't aware of the fact and doesn't appeal on that basis, I doubt POPLA would pick it up.
Once you get a POPLA decision in your favour on that point, it's a complaint you must raise with the BPA. They are the only ones to be able to reverse this concerning trend that is now emerging from PE.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
I cant find where I read that it only applied to payed parking but thank you for the quick reply. I am happy to now on a second search of google that this applies to free parking also.
HEY, you don't need to search google, all the info is on this forum
Reading the NEWBIES will be a good start0 -
Do not forget to include a piece about their rubbish signs.
https://forums.moneysavingexpert.com/discussion/5972164
Nine times out of ten these tickets are scams so consider complaining to your MP.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.You never know how far you can go until you go too far.0 -
Thank you for your replies.
I have written my Popla Appeal
I have not yet sent it of course.
As a new user I am unable to attach a link, as I am new to this forum I dont know any other way of attaching it either0 -
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(dot)dropbox(dot)com
/s/kzz5cy4jh7zy9to/Parking%20Appeal.pdf?dl=00
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