Best western hotel PCN

cdti

Hi all,

The driver entered this car park once in the past and had no problem but they have clearly introduced CCTV since then. Driver was driving along the main road when they received an urgent phone call and so decided to pull into the car park and sit in the car while taking the call. They were completely unaware of the restriction in place and didn't notice the signage/CCTV before entering this car park. After they finished the phone call, they left the car park and went on with their day - oblivious to being in contravention of the car park rules. Since receiving the PCN the driver approached the hotel but they are unable to help other than advising to appeal. The CCTV only covers the single entrance/exit so they are unable to prove what they were doing there.

I'm curious to know what is the accepted definition of being 'parked' i.e. would a stationary vehicle with engine running and driver on board constitute being parked?









TIA!

Redx

If it's on private land and stationary , it's parked

If you need a legal definition , ask a judge

Parking Eye use ANPR cameras , not CCTV

One picture in , one picture out , of the VRM

The computer calculates time on site , if it exceeds any grace period , a PCN is issued , as happened here

In future , said driver should pull into the side on public roads to use the phone , private car parks tend to have anpr cameras to catch out the unwary , hence why this PCN was issued

Reading the story , the driver and possibly the keeper are liable for this charge so unless there is a glaring technicality that snatches victory from defeat , then it will cost the £60 or more

Stick to public roads in future , or be caught by cameras

The_Deep

PE signs leave much to be desired. Many judges might find them insufficiently clear to form a contract, read this;

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading[/FONT]

[FONT=Times New Roman, serif]Here is one that won in court on signage recently.[/FONT]

[FONT=Times New Roman, serif]https://forums.moneysavingexpert.com/discussion/5957364/first-parking-eye-appeal-unsuccessful[/FONT]
[FONT=Times New Roman, serif]
[/FONT] [FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

cdti

I am going to go ahead with the appeal template as per the newbies thread, is there anything you would suggest adding to this?

Coupon-mad

I'm curious to know what is the accepted definition of being 'parked' i.e. would a stationary vehicle with engine running and driver on board constitute being parked?

Yes. You need to avoid private car parks for taking calls. On street is safer.

How long was the vehicle there for and what date was the actual parking event?

As you have shown us the 'reminder' which doesn't help because that's not the NTK and doesn't tell us if your case was a POFA one or not, in terms of whether the original PCN had POFA stuff on the back and whether it was received within 14 days.

cdti

Coupon-mad wrote: »

Yes. You need to avoid private car parks for taking calls. On street is safer.

How long was the vehicle there for and what date was the actual parking event?

As you have shown us the 'reminder' which doesn't help because that's not the NTK and doesn't tell us if your case was a POFA one or not, in terms of whether the original PCN had POFA stuff on the back and whether it was received within 14 days.

Vehicle was recorded as being there for 13 mins on 12/10/19.

MistyZ

I guess you could take this to POPLA, majoring on grace periods.

Yep you were daft - in retrospect. But most people don't appreciate how predatory the PPCs are. My S-I-L, a person well-versed in many other complex matters, wondered why I started yelling like a banshee when she abruptly pulled into a private car park for a spot of map reading.

Go for it.

Coupon-mad

Should have covered your numberplate. More people need to do that in ANPR sites.

This could be a struggle unless the signs were in darkness and you can get some photos of them in the dark, as POPLA evidence? POPLA like that.

cdti

It was getting dark but not pitch black. I spoke with the Hotel and they said they would get it cancelled but I've had no confirmation back from them yet.

Coupon-mad

Great! You won't get confirmation though, so you must seek it.

You need to check P/Eye's website every other day until it shows 'zero' and if not done by this time next week, complain again to the Hotel.

cdti

Thanks for the speedy reply.

Would day 28 be 18/11/19 or 19/11/19 from 18/10/19 (plus 2 working days)?

I submitted an appeal to be on the safe side and stated that the GM at the hotel has requested a cancellation.