ParkingEye PCN Grace Period

mostyn2021

Hello all, I'm looking for some advice.

Received a PCN yesterday from ParkingEye for £100 reduced to £60 if paid within 14 days.

The car park is for a gym but there are signs informing you that this is a paid car park (i.e. can be used by anybody). The driver was attending a rugby match and this was the nearest car park to the ground. There were no payment machines in the car park. Signage situated at a high level informed you to pay via a website (www.paybyphone.co.uk). There was no other method of paying for the parking. The driver visited the website and entered the car park location number shown on the signs and was told that the location was not recognised. There was an option to find the location on a map and again was unable to find the car park. The website also said that you could download the PaybyPhone app which the driver did and again was unable to find the location of the car park and pay for parking.

The driver then left the car park and parked at a manned car park further away from the ground. They received a ticket to display on the dashboard, however this does not state the vehicle registration number and does not show the time at which they entered the car park.

The PCN shows the time in the car park is 7 minutes. After reading through several threads on this forum am I correct in thinking that you are supposed to be given a grace period of 10 minutes?

The keeper is planning to appeal the PCN via ParkingEye’s website. Should they use the blue template on the Newbies thread and if so should they amend the template to make reference to the grace period?

Many thanks for your help.

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

Redx

Read the newbies FAQ sticky thread near the top of the forum in announcements , use the blue text template as keeper

Download the BPA CoP version 8 dated January 2020 , clause 13 gives you grace periods

mostyn2021

Redx said:

Read the newbies FAQ sticky thread near the top of the forum in announcements , use the blue text template as keeper

Download the BPA CoP version 8 dated January 2020 , clause 13 gives you grace periods

Thanks. The CoP actually only states 5 minutes in these circumstances so don't hold much hope!

Redx

I think you will find that 5 minutes is the minimum , no maximum is given but the normal is typically 10 minutes , as it will be in the new government CoP from summer 2022

Arguing your corner is key , unless they failed POFA ?? The golden ticket. ??

Plan A is ALWAYS best , a landowner cancellation , but not always possible if it was fly parking , or unauthorised parking

Never park on private property without permission , permit or payment , the 3 Ps !!

mostyn2021

Thanks Redx. I'll try to find out who the landowner is and go for Plan A first!

Coupon-mad

You need to tell the landowner what happened and I suggest you DON'T use the template appeal but instead talk about what actually happened, to ParkingEye and POPLA...with one caveat...if and only if the PCN talks about keeper liability in a substantial paragraph on the back.

You haven't read the 3rd post of the NEWBIES thread yet, have you?  Golden ticket or not?  Really important.

mostyn2021

Coupon-mad said:

You need to tell the landowner what happened and I suggest you DON'T use the template appeal but instead talk about what actually happened, to ParkingEye and POPLA...with one caveat...if and only if the PCN talks about keeper liability in a substantial paragraph on the back.

You haven't read the 3rd post of the NEWBIES thread yet, have you?  Golden ticket or not?  Really important.

Thanks for this. There is a substantial paragraph on the back of the PCN referring to the Protection of Freedom Act. I have read the post but am still slightly confused. Should I be using the template or writing about what actually happened and should I say who was driving?

Thanks

D_P_Dance

should I say who was driving?

Please read the newbies.

Umkomaas

mostyn2021 said:

Coupon-mad said:

You need to tell the landowner what happened and I suggest you DON'T use the template appeal but instead talk about what actually happened, to ParkingEye and POPLA...with one caveat...if and only if the PCN talks about keeper liability in a substantial paragraph on the back.

You haven't read the 3rd post of the NEWBIES thread yet, have you?  Golden ticket or not?  Really important.

Thanks for this. There is a substantial paragraph on the back of the PCN referring to the Protection of Freedom Act. I have read the post but am still slightly confused. Should I be using the template or writing about what actually happened and should I say who was driving?

Thanks

If the NtK has the PoFA paragraph you can be pretty sure that ParkingEye meets the Act's requirements to hold the keeper liable regardless of who the driver was. So there's no advantage avoiding identifying the driver, therefore you can comfortably describe the circumstances you encountered, in your own words. 

Coupon-mad

Which is what I said! 😊