Parking Eye - 6 minutes overstay

abr142

Hello,
I was at a holiday Inn parking and paid for 3 hour parking but I left 6 minutes late (technically 5 minutes 36 seconds).

On the PCN there was no mention of payment and because I paid online I naively thought it was a misunderstanding so I appealed sending them the receipts without looking over here for advice first. Again, very naive on my side.

As you can imagine, the appeal was rejected as I still overstayed and now I have to appeal to POPLA. I'm still trying to contact Holiday Inn go get it cancelled, but if that fails what's the best strategy for appeal? It's only a 6 minutes overstay and I find it very unreasonable.

KeithP

The hotel will be able to intervene now but not after a PoPLA appeal.

Concentrate on convincing the hotel to get it cancelled but don't miss your PoPLA appeal deadline.

Redx

Download the BPA CoP and read clause #13

abr142

Redx said:

Download the BPA CoP and read clause #13

Thanks for your reply. I read that, but doesn't 26.1e contradict that, effectively saying that grave period is 5 minutes not 10?

Coupon-mad

No, the leaving grace period is ten minutes minimum.  I suspect your PCN is for not paying as quickly as they'd like (i.e. a scam).

What do you nee to know that is not already in the entire section of the NEWBIES thread about POPLA? The 3rd post?

AND - get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

 

abr142

I paid within 9 minutes of coming in, and that's because it took me that long to register and pay online due to no card payment facilities at premises.
I read the newbie post but I wasn't sure if it applied for private car parks too as a basic search online seemed like it doesn't . Based on your comments I assume it does.

I read the newbie post, should I copy only the relevant bit to the grace period or the whole lot and modify accordingly?

Umkomaas

Show us what and how you will 'modify' so we have a better idea about what you are thinking. 

D_P_Dance

PE's signage leaves a lot to be desired and many judges are dismissing claims because of this,

i,

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

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation., i

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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Redx

abr142 said:

I paid within 9 minutes of coming in, and that's because it took me that long to register and pay online due to no card payment facilities at premises.
I read the newbie post but I wasn't sure if it applied for private car parks too as a basic search online seemed like it doesn't . Based on your comments I assume it does.

I read the newbie post, should I copy only the relevant bit to the grace period or the whole lot and modify accordingly?

The Newbies FAQ sticky thread applies to ALL private car parks , so not council car parks , and it has done for nearly 8 years

Use every tool in the box , no landowner authority , poor signage , grace periods , the BPA CoP , POFA , anything and everything

abr142

Thank you all for your help. I'm formulating it based on the newbie thread. 

I had a look at the sign again today and the parking offers 20 minutes for free after which charges apply.
If you include the 20 minutes to my duration, I paid more than my stay. Is it something that I should include in the appea or it doesn't matter as it was an overstay?

Redx

As I said , include everything that you feel is in your favour and twenty minutes to decide to stay and buy a ticket exceeds the 9 minutes spent obtaining the app and paying , so the signage supports your defence case , ditto with the CRA 2015

Poor and inadequate conflicting signage is one appeal topic , as I pointed out

Feel free to explore every avenue at your disposal