ParkingEye 1st Appeal rejected

knocker235

Hi,

I got PCN in Preston when I was on holiday and when I came back I found PCN letter:

PCN is for parking the car for 5 minutes and 51 seconds.

Time in Car Park: 0 hours 5 minutes
Arrival Time: 07/08/2021 18:51:04
Departure Time: 07/08/2021 18:56:55

I followed the Newbies thread and appealed but today I received the rejection by email with POPLA ref.

The rejection reason was:

"We have reviewed the details outlined in your appeal, but we are not in receipt of

sufficient evidence to confirm that the terms and conditions were not breached. Our

records confirm that no parking was purchased on the date of the parking event, despite

there being payment methods available.

We are writing to advise you that your recent appeal has been unsuccessful and that you

have now reached the end of our internal appeals procedure."

For my POPLA appeal, would it suffice if I just used the no reasonable grace period allowed challenge?

Thanks for your advise and time.

Redx

You can try , but read the BPA CoP version 8 dated January 2020 , first , clause 13 , because that clause is the basis of the pcn invoice

If you can show that it wasn't long enough to enter , read the signs etc , and leave , you may win at Popla , ditto for Court

What happened to plan A ?? See the newbies FAQ sticky thread near the top of the forum in announcements , that is ALWAYS the best option , especially before any popla appeal

knocker235

Redx said:

You can try , but read the BPA CoP version 8 dated January 2020 , first , clause 13 , because that clause is the basis of the pcn invoice

If you can show that it wasn't long enough to enter , read the signs etc , and leave , you may win at Popla , ditto for Court

What happened to plan A ?? See the newbies FAQ sticky thread near the top of the forum in announcements , that is ALWAYS the best option , especially before any popla appeal

It was small private parking in Preston, Corporation Street, so no retail to complain to.

I went in and then after reading the sign we decided to leave the car park.

based on clause 13 the time must be a minimum of 5 minutes, so seems the PCN is based on the 51 seconds extra :-(

Do you recommend me to go through POPLA or pay the discounted fine?

Redx

I rarely mention paying , we assume that people are here to fight like we would , not to capitulate , plus it's an invoice , not a fine

The minimum 5 minutes us exactly what it says , a minimum , not a maximum , and used to be longer , so that is how you justify the extra minute or less , at Popla or in court

The site will have a private landowner , all land has an owner , it's just that you have not found out who it is , yet

Doesn't change the fact that your best option is plan A !!!

The advice is correct , it's your task to explore all avenues

Coupon-mad

Do you recommend me to go through POPLA or pay the discounted fine?

It’s not a fine, no one here would pay this for FIVE MINUTES without accepting any parking contract!

Neither of the above narrow options are Plan A that the NEWBIES thread sets out to do first.

Also, do you have Google location enabled on your phone that would show you were actually there less than 5 mins?

Le_Kirk

knocker235 said:

It was small private parking in Preston, Corporation Street, so no retail to complain to.
I went in and then after reading the sign we decided to leave the car park.

Redx said:

The site will have a private landowner , all land has an owner , it's just that you have not found out who it is , yet

Doesn't change the fact that your best option is plan A !!!
The advice is correct , it's your task to explore all avenues

The advice below on how to find landowners is posted regularly and frequently by @Umkomaas

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for £3 they will provide definitive detail

D_P_Dance

PE's signs are pants, read this and complain to your MP

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

knocker235

Thanks all for your comments.

I have prepared the draft to appeal with POPLA, but can't add the link because of below error:

"You have to be around for a little while longer before you can post links."

Can you advise how can I add the template so you can have a quick look at it and adivse if anything need to be changed.

Thanks

Redx

You cannot attach a PDF or doc file here anyway , regardless of post count !

Just copy and pasted it into 2 or 3 posts , below , or link it from a web hosting site , adding a dead URL instead , so change your live link to a dead link

knocker235

Draft link below:

!!!!!!/yHKRY

Terry1931

Go through the POPLA process, present your case well. Referring to the grace periods which you present as being unreasonable. 

Going through the process shows reasonableness on your part and further paint parking eye into a corner of unreasonableness.

Remind them at POPLa that you do not accept any of the denial of mitigating circumstances nonsense as that ultimately is not for them to judge if you go further. 

Also you reserve the right to bring in additional matters that were not mentioned in the parking eye appeal. 

Remind them that this is only a mediation process. 

If and when you lose at POPLA write to your MP with the results of your appeals. 

Write to the BPA to make any complaints against Parking EYE and the POPLA process 

Write to Parking Eye requesting their registered legal  address for submission on a future claim for recovery of any payment you may make.
Give them 7 days to review the case and repay any charge you may have made.

It is well known that the parking charge notice is one of intimidation and uncertainty and some people wish to remove this and turn the tables so that they become in charge of future events. 

So then decide do you want to take control of events or wait in uncertainty for Parking Eye to issue a claim against you. 

There are other options to consider so please refer to my experiences on this forum.