Assistance Please. Parking Fine for 7 minutes stay

Pjntjn2

So they are aware of the fact that a ticket could not be purchased but can still issue a fine?
Is their position on this legally watertight?

Coupon-mad

Pjntjn2 said:

Hi,
 A PCN today was received from ParkingEye along with arrival and departure images for my registered vehicle for a 7 minute stay at a private car park.
After parking and getting to the pay machines it was discovered that both were out of order so  a £1 ticket couldn't be obtained. The image of the vehicle arriving actually locked it in to triggering the fine  as it was unintentionally parking without a ticket.

Your defence above should be watertight.  Have you told ParkingEye?  They cancel lots of these.

Did you tell them the machines were both out of order and you left?  Have you pointed towards the new statutory Code of Practice draft that will require at least TEN minutes consideration period plus enough time to leave, if the machines are all broken?

Pjntjn2

I may have, in error, sent the blue template without the detail!
No wonder my appeal was rejected. What is my course of action now?
Do I just contact PoPLA or get back in touch with PE?

Coupon-mad

I would email info@parkingeye.co.uk and tell them what I said to tell them (NOT SAYING WHO WAS DRIVING, SO NOT ''I'') and point out you will go to POPLA if they do not cancel within 28 days, and you will require the PDT machine records of repair from that day.  State that the machines were not working (none of them?).  Say so.

Put their XXXXXX/XXXXXX PCN number in the subject line, obviously.

Diarise 28 days from the rejection letter because your POPLA code will last 33 days and no more, so if P/Eye fail to respond, then you do POPLA and state what happened and put P/Eye to 'strict proof' that their machines were working - because they weren't.  Plus the usual other POPLA template points in the NEWBIES thread, plus checking (if you haven't already) that this wasn't a Golden Ticket as shown in the sticky thread post #3.

Pjntjn2

As advised I did send the additional information to PE on the 22nd but as yet have only received an automated response from them.
I'm now 12 days from PE's  rejection of the original (incomplete) appeal.
How long is recommended before going straight onto the PoPLA stage?

Redx

The above post gives you the deadlines , but I would be uploading my popla appeal on say day 31 if it's a weekday

You were told to diarise day 28 as a reminder , which is another 16 days

Johnersh

Jeez what a waste of everyone's time. Not even a 7 minute stay, is it?  3 mins to find a space and park, 2 mins to read a sign and 2 to leave directly after.

And since the full t&cs are usually only on display IN the car park with large warning perimeter signs (which are different). Its actually impossible for the o/p to have even decided whether the parking charges were acceptable without being issued with a PCN. How on earth does that work?

Obviously the broken machine makes the contract impossible to perform, unless there's pay by phone too. 

D_P_Dance

A judge earlier this year made these comments and dismissed the claim.

"This signage contains a huge amount of wording, in varying fonts. There are

between 650 ta 700 words, by my rough count. it's well known that the average
reading speed of most adults is aground 200 to 250 words per minute. On the basis
however that this is reading a sign and there are many technical words, it would
probably take an average reader about 3 to 4 minutes to read everything on the
sign. The key part however is found be found some 140 words into the text. It is in the
middle of the sign and it says this, in capitals, then below it is a lower sized font
referring to the £100:"   DJ Harvey

In my opinion it would take longer than -3 – 4 minutes to read this lot.

Pjntjn2

No nothing on the pay machines themselves but the signage offers "good to go" clever car parks as an alternative. No phone number but an email address is printed for future automated payments I assume.
Thanks for the info btw.

Pjntjn2

Here is the signage displayed at the parking site