POPLA appeal help, please - ParkingEye for a 10 minute overstay, plus NTK question

Coupon-mad

I have replied asking who owns the car park and therefore authorised ParkingEye to manage it. 

Good.  Adam is reciting from a prepared text to fob you off.  The fact they get no money from it, is true, but irrelevant.  A complete red herring!

They can cancel this if they contracted ParkingEye to 'mismanage' the place and and I think from the location, that they own that car park...and therefore THEY contracted with P/Eye and they have the ParkingEye User Manual giving them an easy way to cancel PCNs for customers. 

They just need to realise that and do it.

velvetyfrog

D_P_Dance said:

If they have a website/Facebook page, can you not write bad stuff on it?  

They do but it is fully moderated as I have just found out. Nothing negative will make it past the moderators.

Le_Kirk

velvetyfrog said:

D_P_Dance said:

If they have a website/Facebook page, can you not write bad stuff on it?  

They do but it is fully moderated as I have just found out. Nothing negative will make it past the moderators.

It doesn't have to be negative, just has to be truthful.

Umkomaas

Looking at a local HB car park, PE signs say 'HB Customers Only'. As the store (ordinarily) is only open to 8pm, anyone driving in there and staying after that time for more than a few minutes (and especially for longer if parking to, say, frequent a local restaurant), then 'bang' PE have your VRM, and a NtK is on its way to you. 

Nice trap - motorists beware of any 'Customers Only' sign after closing time!  And with the recent BPA reduced 'Grace Time', you've got just 5 minutes to get the flock outta there!

velvetyfrog

Umkomaas said:

Looking at a local HB car park, PE signs say 'HB Customers Only'. As the store (ordinarily) is only open to 8pm, anyone driving in there and staying after that time for more than a few minutes (and especially for longer if parking to, say, frequent a local restaurant), then 'bang' PE have your VRM, and a NtK is on its way to you. 

Nice trap - motorists beware of any 'Customers Only' sign after closing time!  And with the recent BPA reduced 'Grace Time', you've got just 5 minutes to get the flock outta there!

Hm, then they would have to argue the definition of a "Home Bargains customer" in court. A "Home Bargains" customer could be anyone who has ever shopped at Home Bargains in the past. Not just shopping there currently. Customer Services, for example, serve anyone who has ever purchased goods from them. Why should we assume that parking only apples to customers currently shopping there, unless specified in T&Cs (which it isn't).

velvetyfrog

But yeah, a nice little trap that is sure to be making good money for them.

Le_Kirk

Umkomaas said:

Looking at a local HB car park, PE signs say 'HB Customers Only'. As the store (ordinarily) is only open to 8pm, anyone driving in there and staying after that time for more than a few minutes (and especially for longer if parking to, say, frequent a local restaurant), then 'bang' PE have your VRM, and a NtK is on its way to you. 
Nice trap - motorists beware of any 'Customers Only' sign after closing time!  And with the recent BPA reduced 'Grace Time', you've got just 5 minutes to get the flock outta there!

From BPA CoP 2020.  Not sure if the car park qualifies as a "limited period of parking" but since they say no parking when store shut, that surely is "limited".

 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. 

Admittedly if you are trying to leave the store if it shuts bang on 8.00 p.m. clutching all your goodies, the difference between five and ten minutes might make all the difference.  If the store is anywhere like the one near where I live, it could take ten minutes to get to the far side of the car park.

Umkomaas

velvetyfrog said:

Umkomaas said:

Looking at a local HB car park, PE signs say 'HB Customers Only'. As the store (ordinarily) is only open to 8pm, anyone driving in there and staying after that time for more than a few minutes (and especially for longer if parking to, say, frequent a local restaurant), then 'bang' PE have your VRM, and a NtK is on its way to you. 

Nice trap - motorists beware of any 'Customers Only' sign after closing time!  And with the recent BPA reduced 'Grace Time', you've got just 5 minutes to get the flock outta there!

Hm, then they would have to argue the definition of a "Home Bargains customer" in court. A "Home Bargains" customer could be anyone who has ever shopped at Home Bargains in the past. Not just shopping there currently. Customer Services, for example, serve anyone who has ever purchased goods from them. Why should we assume that parking only apples to customers currently shopping there, unless specified in T&Cs (which it isn't).

That might be the ultimate case, if it gets that far, but that won't stop them issuing NtKs then leaving the recipients with hours of work and weeks, maybe years, of harassment, anxiety and uncertainty as to how far this might go. 

Just simply avoid the bear traps set by private parking companies and you drive an indirect nail into their coffin.