Parking Eye - Help Please

Private_Pike

We are new to the forum and wonder if somebody could help us with a dispute, we have with Parking Eye.
Basically, we were on a family holiday earlier and were travelling when our teenage son got car sick. We were in the town centre and the roads had double yellow lines, so we could not simply pull over. We noticed a ‘P’ sign so turned into a car park. The car park had lots of spaces and we found a place in the shade (it was a warm day). We attended to our son and our dogs were given some water. There was no intention of stopping for any length of time and we all stayed by the vehicle. Once our son felt a little better we left.
After leaving the car park, we continued our journey to where we had planned to walk. Nothing more was thought of this until the registered keeper of the vehicle received a FPN from Parking Eye evidencing we had stayed for 10 minutes 49 seconds.
We had a browse on the forum and thought the grace period would apply, so appealed on this basis (and common-sense grounds) to Parking Eye but the appeal was rejected. An appeal to POPLA was then made in which the grace period and the above circumstances were explained. This appeal was also rejected by POPLA, who stated that by entering the car park and staying for a reasonable time we had formed a contract. They also went on to state the signage was adequate etc – we had pulled over with a sick child – we did not even consider our environment and saw no signs as we were not looking for them.
We had written to Parking Eye (First Class signed for) requesting a copy of the contract between themselves and the Landowner. We have had no response to this but note in their evidence pack to POPLA they enclosed a ‘Witness Statement’ which pre-dated the date of this incident. This was highlighted to POPLA but they stated, although wrongly dated, this was sufficient evidence.
We appreciate we cannot simply ignore but would appreciate advice on what to do from here.

Redx

Only 2 things you can do , pay in full , or fight it in court within 6 years

If you are looking for a magic bullet , there isn't one

You only owe the money if a judge says so , in court

The_Deep

PE signs are rubbish, read this thread

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

Also read the PPC's Code of Practice re grace periods.

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

beamerguy

Parking Eye evidencing we had stayed for 10 minutes 49 seconds

Parking Eye are flaunting their own code of practice applied by the BPA about grace periods.

Parking Eye are doing this a lot.

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

“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.”

It seems you had a POPLA assessor who was not fully trained, that is fast becoming par for the course with POPLA

A judge would not take kindly if Parking Eye take this to court as it's trivial and would waste the courts time

You should complain to the BPA about this

Guys_Dad

beamerguy wrote: »

Parking Eye evidencing we had stayed for 10 minutes 49 seconds

Parking Eye are flaunting their own code of practice applied by the BPA about grace periods.

Parking Eye are doing this a lot.

You should complain to the BPA about this

But a Grace period is for a specific purpose. To enable motorists to read the t&c and decide if they want to park and a "tidy up and leave" period after parking.

The OP seems to have admitted that they parked to attend to a sick child and, therefore, did not qualify for either grace period. Indeed, the 10 minute parking was NOT to read the t&c and decide to leave without parking and neither was it an additional allowance following a paid for parking spell.

By admitting that they parked for a purpose, they have, in my view, shot themselves in the foot.

beamerguy

Guys_Dad wrote: »

But a Grace period is for a specific purpose. To enable motorists to read the t&c and decide if they want to park and a "tidy up and leave" period after parking.

The OP seems to have admitted that they parked to attend to a sick child and, therefore, did not qualify for either grace period. Indeed, the 10 minute parking was NOT to read the t&c and decide to leave without parking and neither was it an additional allowance following a paid for parking spell.

By admitting that they parked for a purpose, they have, in my view, shot themselves in the foot.

A grace period applies as the BPA says
"“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.”

It seems to me that the BPA should be called into court to explain what they mean by this ... No time limit is specified

Guys_Dad

beamerguy wrote: »

A grace period applies as the BPA says
"“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.”

It seems to me that the BPA should be called into court to explain what they mean by this ... No time limit is specified

Yes - but if you admit that you parked for 10 minutes to attend a sick child then, in my view, the Grace argument dies. OP used the service - Grace is outside the use of service.

beamerguy

Guys_Dad wrote: »

Yes - but if you admit that you parked for 10 minutes to attend a sick child then, in my view, the Grace argument dies. OP used the service - Grace is outside the use of service.

So what would you do if you had a sick child that is a priority to a parent, would you ignore it and drive off ???

Sorry but "No time limit is specified" means just that

Guys_Dad

beamerguy wrote: »

So what would you do if you had a sick child that is a priority to a parent, would you ignore it and drive off ???

Sorry but "No time limit is specified" means just that

Those of us who are regulars on here have an unstated obligation to advise OPs honestly and not cherry pick bits of any code of practice that don't tell the full story. You missed this bit out "The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place."

And, of course, that is not yet incorporated in the latest CoP on the BPA web site.

Grace periods apply to time before or after a parking event or a period to decide not to park. OP parked and did not, according to post supplied, read the t&c and decide not to park but decided to park for a short time.

I am assuming, perhaps incorrectly, that OP gave the game away in their appeal when they said "We had a browse on the forum and thought the grace period would apply, so appealed on this basis (and common-sense grounds)". And "An appeal to POPLA was then made in which the grace period and the above circumstances were explained."

If they did give the reason why they parked as that implied, and I could be wrong, then they would have admitted to using the service. I bet there is nothing in the t&C that said "Up to x minutes free parking".

That is why POPLA, again in my view, rejected the mitigating circumstances and I would be confident if I was Parking Eye's brief in making that case in court.

But, from where they are now, it could be worth taking a chance on court as long as they were well briefed beforehand.

Private_Pike

Many thanks for the helpful advice.
This has been one of those incidents in which the driver thought they were doing the right thing in getting off the road; seemingly not.
We shall write to the BPA regarding this matter and shall advise the forum of their response.
We requested a copy of the contract between land owner and PE, but received no reply from PE. In the ‘evidence pack’ from POPLA we received a witness statement between the land owner and PE which pre-dated our incident by several months but which POPLA deemed as acceptable (surely that is not right?). Would it be worth us contacting the land owner and ask whether they feel that we had abused the contract by using the car park as a lay-by for safety reasons rather than as a car parking space?
A poster mentioned contacting the local MP which we have already done. The MP has responded and has offered to write a letter of support if the matter continues so we shall go back to them.
This is a first for us so would appreciate Forum users help to be ‘properly briefed’ if this matter continues. Also, please advise if there is anything else we can do.