ParkingEye parking charge for 5mins in Lido Car Park 2, Margate

1annoyed

Thanks for your responses everyone.

Points noted re POFA, the parking charge notice has the POFA section on the back and yes my appeal to PE has given the identity of the driver away.
I will go though the Newbies thread post 3 and make a start on a POPLA appeal on the grounds of lack of signage and grace periods.

KeithP said:

Why do you keep mentioning the extra 53 seconds?

PE say you were there for five minutes. You have seen that those extra seconds make all the difference when reading paragraph 13.1 of the BPA's Code of Practice.

Noted KeithP, the parking charge does clearly say "Time In Car Park: 0 Hours 5 minutes".

Castle said:

If you read 13.1, the 5 minutes only applies where no parking event takes place (per 13.2); and if no parking event takes place, then there is no breach of contract-although technically there's a potential claim for trespass.
D_P_Dance said:

IIMO that a parking event did take place.  

So what defines a parking event?  And how does it fit with "If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract."?  Is this not a contradiction of terms as surely the driver will enter the carpark in his or her vehicle and then leave the vehicle to check the terms and conditions?

MistyZ, your offer to get photos would be much appreciated and very helpful

Castle said:

MistyZ said:

This thread may be of interest if you've not found it already:

https://forums.moneysavingexpert.com/discussion/5990669/parkingeye-lido-margate-popla-appeal/p1

I can get photos of signage / lack of signage for you if you like.

The landowner Stour Side Developments Ltd (Company number 03449710) is still in administration.

So the landowner authority would now be between the administrators and PE?  I will add this to the POPLA appeal.
Thanks all

nosferatu1001

Well thats annoying. Sounds like you had a golden ticket and you threw it away
Exiting a vehicle to look for parkign signs is not parking. 
No, if it is in adminstration then the company retains contracts it just cannot form nwe ones. 

MistyZ

I'll get the photos tomorrow.

1annoyed

Thanks very much MistyZ

D_P_Dance

So what defines a parking event? 

See Jopson v Homeguard.  

IMO, leaving you vehicle to search for a short cut to a beach surely is parking, reading the T&C of the contract, rejecting it, and leaving surely is not.

MistyZ

https://imgur.com/a/PEmeu4N

Le_Kirk

I can see you don't work for the Margate tourist board @MistyZ.  Doesn't look very inviting today!

MistyZ

Haha Le_Kirk!  It's 'atmospheric'!

Le_Kirk

MistyZ said:

Haha Le_Kirk!  It's 'atmospheric'!

That's certainly a good word for it!

1annoyed

Oh no! are they pics of Lido 1?, sorry MistyZ.  The car park in question is Lido 2 which is right next to it, you can see Lido 2in those pics (sadly not of the signs).  Lido 2 car park is located 51°23'31.6"N 1°23'31.6"E (can't post links because i'm a newbie)

On the other hand, if those pics are of lido 2, then the parking charge notice has the wrong location on it.  Could this be possible?