Parking Eye - 6 minutes overstay

Coupon-mad

Have you done the Government consultations as well please?  We MUST have lots of people objecting to 3 figure scam charges.

abr142

Umkomaas said:

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

Here's what I'm planning to send as my appeal. I went a bit freestyle especially at the end, not sure if it applies. I'll leave it up to the experts here to decide

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A summary of the charge is as follows:

• vehicle entered premises at 11:26:19 and left at 14:40:43 (based on PCN)
• Parking was paid from 11:25 until 14:25 (receipts attached)

I am not liable for the alleged parking charge and wish to appeal against it on the following grounds:

• Grace period - BPA's code of conduct non compliance
• Negligible Loss of Income

 Grace period not properly applied.

The BPA's Code of Practice states (13) that there are two grace periods: one at the end (of a minimum of 10 minutes) and one at the start.
BPA's Code of Practice (13.4) states that:
"You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes."

It is therefore clear that the grace period for the visit in question (which based on the PCN and receipts is 5 minutes 21 seconds) has NOT been applied as per BPA's code of practice.

Negligible loss of income

Also, if one considers that the facility offers a 20 minutes free stay before tariffs apply, i.e. the visit had a payable duration of 2 hours 53 minutes. Parking was paid for a duration of 3 hours so there was NO loss of income for service provider.

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Also, I am filling those surveys now. First time I've been exposed to such practices and it's disgusting what they try get away with.

Coupon-mad

Please don't write about no loss - this is hopeless as an argument. 

This is why the NEWBIES thread exists to stop things like that.

How did you enter but paid a minute before?  This proves the machine timer was about five minutes out...

• vehicle entered premises at 11:26:19 and left at 14:40:43 (based on PCN)
• Parking was paid from 11:25

abr142

Coupon-mad said:

Please don't wrote about no loss - this is hopeless as an argument.  This is why the NEWBIES thread exists to stop things like that.

How did you enter but paid a minute before?  This proves the machine timer was about five minutes out...

• vehicle entered premises at 11:26:19 and left at 14:40:43 (based on PCN)
• Parking was paid from 11:25

I changed a bit the times so that they're not recognizable to parkingeye, good spot though!

Should I just leave it with the grace period non compliance then or add more?

As always, thank you!

Coupon-mad

I don't know why you aren't using the template appeal from the NEWBIES thread if you are at first appeal stage, and anyway the way to cancel this is not by appeal, but by complaint to the retailer.

abr142

Coupon-mad said:

I don't know why you aren't using the template appeal from the NEWBIES thread if you are at first appeal stage, and anyway the way to cancel this is not by appeal, but by complaint to the retailer.

As i said in the OP, I assumed that the charge was because they thought i didn't pay and because I paid online not cash I naively thought it was a simple misunderstanding. I appealed by attaching the online payment receipts. This appeal to parking eye failed: "Our records show that insufficient time was paid for on the date of the parking event" so now I have to recourse to POPLA.

I've emailed Holiday Inn, but I haven't heard back since which is disappointing.

If I leave the above without the no loss argument, would that be enough for POPLA?

KeithP

Coupon-mad said:

I don't know why you aren't using the template appeal from the NEWBIES thread if you are at first appeal stage, and anyway the way to cancel this is not by appeal, but by complaint to the retailer.

The OP has already had an appeal to PE rejected.

I may be wrong, but his latest words are I believe an attempt at a PoPLA appeal.

Yes, in the first reply he received I did say:

KeithP said:

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

Redx said:

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

and as I pointed out , use all of the included appeal points after studying the third post of the newbies thread , you keep asking what to include, you have been told numerous times

but "NO LOSS" died 5 years ago in the Barry Beavis case, so pointless arguing it , because BEAVIS will override your objections !! guess who won against Beavis ? YES ,Parking Eye !!

concentrate on what may win , not what definitely wont win

Coupon-mad

Unlikely to win at POPLA anyway so we can't stress enough that ONE email to the Hotel ain't enough!

Glad to hear you've started to sort out the consultation replies, even if you come back to some sections later.

abr142

Coupon-mad said:

Unlikely to win at POPLA anyway so we can't stress enough that ONE email to the Hotel ain't enough!

Glad to hear you've started to sort out the consultation replies, even if you come back to some sections later.

A human touch still works! Called them and they've just said they'll cancel it. Thank you for your help.

Out of interest, why did you think that it wouldn't win at POPLA? i thought it was clear cut based on BPA guidelines.

Also, is there anything else to do, apart from filling that questionnaire, to complain about these practices?