Parking Eye POPLA Appeal, 7 mins over

Smiler97

Hello,

check the NTK and see what the in and out times are , SAR PE if you have to , meanwhile check their POPLA evidence pack for this , because you should have picked this up at the rebuttal stage , its very important if complaining to J G

Parking Eye NTK state the Entry time was 17:57 and the exit time 20:07, I also am unable to view the Parking eye evidence pack on Popla so I may have to request this seperately, but I am near 100% sure that Parking Eye also stated these times.

sorry , late reading post

you stated new system , was free before?

did you enter your VRN into machine to claim your free parking period?

The Car park was free up until two weeks before I got my ticket, I have been using it for years with no issue.

Redx

If the evidence pack backs up the ntk then the assessor needs to go to Specsavers , in which case eMail John Gallagher with all errors etc , plus proof from NTK and popla decision

Smiler97

Hello, I have begun to construct the email I will be sending to POPLA, I have put it below and I am just wondering if there is anything else I should add or change, any help would once again be most appreciated.


Hello,

I am emailing you to request a review against a unsuccessful appeal due to inaccuracies and inconsistencies within the POPLA assessment and decision.
under the assessor supporting rational for decision the assesor has said

"Further the operator has provided photographs showing the appellant’s vehicle entering the car park at 18:40 and exiting at 21:42" This would suggest an overstay of 61 minutes and is incorrect.
The Notice to Keeper I recieved and the evidence provided by parking Eye in my first attached screen capture shows an entry time of 17:57:11 and a exit time of 20:07:35. Obviously this is a large discrepancy and would affect the outcome and decision.

!In my appeal I stated:
"All factors discussed above serve merely to increase thetime taken to: !• Locate a sign containing the terms and conditions.!• Read the full termsand • Decipher the confusing information being such as park inthe marked bays which there are clearly none. • Decide to park and find a ‘marked bay’ therefore enteringinto a contract.!• Return to car andsafely leave the car park."
Which imply two grace periods. One after entering the car park and one leaving. Therefore suggesting a grace period for 6 minutes entering the car park and 5 minutes for leaving is well within the BPA code of practice and notunreasonable.

The assessor has said,"I am satisfied that the free parking period would begin from the time the vehicle enters the site. This is because motorists do not need to obtain the free parking period; all they do is park their vehicle on site and agree to comply with the terms and conditions."
I do not agree this has taken into the account the points I made above, although you do not have to obtain a free parking ticket, a Parking Bay still must be found which takes time, in my appeal I also stated that there are no marked bays within the car park so it is unclear where the vehicle should have been parked. I do not believe the assessor has taken into account the point made regarding reading and agreeing to the terms and conditions, How can the contract be entered into before the driver is aware of the terms, the signs stating the terms and condtions are located within the carpark therefore requring the driver enter the carpark to read them before willingly agreeing to it. This accompanied with the time it takes to safely leave the carpark would not be an unreasonable grace period,Therefore I must request the decision be reviewed.

Kind Regards

Coupon-mad

Hello,

I am emailing you to request a review

Never start any (non personal friends) email with ''hello''! Far too slangy.

You must make it clear it is a complaint about an error or oversight by the Assessor, not politely chat to them asking for a review, that you won't get like that.

You need to send it to the complaints email addy (see their FAQS) and start:


Dear POPLA Complaints Team,

I wish to complain because the Assessor has made significant errors of fact and has not considered the timeline properly, or at all, and nor has he considered the time taken to drive in and out. There has been a mistake in the decision, regarding the time on site.

Under the Assessor Supporting rational (sic) for the decision the Assessor has said:

...

Le_Kirk

supporting rational for decision the assesor has said

should be: -

supporting rationale for decision the assessor has said

Coupon-mad

Yes but POPLA call it 'rational' hence I suggested sarcastically adding 'sic' after.

POPLA are daft not to have sorted out that spelling mistake after all these years; it looks so amateur! Oh wait, compared to the GOOD OLD POPLA with legally trained intelligent people, this POPLA does look amateur.

Le_Kirk

Coupon-mad wrote: »

Yes but POPLA call it 'rational' hence I suggested sarcastically adding 'sic' after.

POPLA are daft not to have sorted out that spelling mistake after all these years; it looks so amateur! Oh wait, compared to the GOOD OLD POPLA with legally trained intelligent people, this POPLA does look amateur.

If any more proof were needed that POPLA is not fit for purpose. Point taken C-m but you still need double double "s" in assessor. you'd think they could spell their own job description!

Smiler97

Hello everybody,


I have finally recieved a response from POPLA and the decision has been held. It appears I may be at the end of the road regarding this appeal.


Response as below


Your complaint about POPLA

Thank you for your email dated 16 October 2019, which was passed to me by the POPLA Team as I am responsible for responding to complaints.

I note from your email that you are unhappy with the POPLA decision reached in your case against Parking Eye Ltd.

I have reviewed the concerns you have raised and have provided my response below.

You state that the assessor has made significant errors of fact and has not properly considered the timeline. Firstly, you have said that the assessor has stated the incorrect entry and exit times.

Having reviewed the assessor report, I can see that she has quoted the incorrect timings for your entry and exit to the site. Please accept my apologies for this. I will be feeding this back to the assessor so that improvements can be made in her decision-making moving forwards.

Whilst the assessor has made an error, I do not consider this to have any bearing on the outcome reached. The ANPR cameras show your entry time as 17:57 and the exit time as 20:07, totalling a stay of two hours and 10 minutes. This car park offers a free two hours parking period however, the free two hours are included in the parking tariffs. Therefore, you were to make a payment at the site to obtain the free two hours. The fact remains that you did not purchase any parking time at the site. I appreciate you have raised grace periods however as you have remained on site for 2 hours and 10 minutes, there was plenty of opportunity for you to pay. You could not obtain the free 2 hours without paying one of the parking tariffs. I consider 2 hours and 10 minutes to exceed a reasonable period.

Ultimately it is POPLAs role to assess the terms and conditions of the site and to determine if the motorist did indeed comply with those terms and conditions. Having reviewed the decision reached, I am satisfied that the assessor has applied reasonable judgement to the facts of the case and has made the correct decision. Therefore, as no procedural error has occurred, this case requires no further review.

While I understand this is not the outcome you had hoped for, our involvement in your appeal has now concluded. If you wish to further dispute the issue of the PCN, this will be between yourself and the operator directly.

As we have reached the end of our process, it will not be appropriate to respond to any further correspondence on this matter. For clarity, if you choose to send us further correspondence, it will be noted but we will not respond.

Yours sincerely,

Ashlea Forshaw
POPLA Complaints Team

Le_Kirk

A free two hour parking period but you have to pay for it!!! How does that work then?

Smiler97

Mistakes in the Appeal and mistakes in the response. Clearly they are not fit for purpose!