PCN issued in pub car park

M03

Hi all,

I have received a Parking Eye PCN for a vehicle I am the registered keeper of. I've been reading the newbie post, lots to take in, but I am going to give appealing it a shot.

Firstly, it is for a 'patrons' only pub car park. The car was parked for 35 mins and was not left unoccupied. However, the photos show only the entry and exit. Before contacting the pub manager to try and get it cancelled, as suggested, I wanted to raise one point. The vehicle was in the car part several hours before opening, so I can't realistically be angry with the pub as they would just say that they were closed. The car park is sign posted etc, though I didn't realise it was camera controlled...

After realising the pub was closed, alternative arrangements were made to go elsewhere, so maybe I could mention that I am upset that I wished to go there for breakfast, only to find they were closed, and that getting a PCN for this isn't fair (car park was otherwise empty, no pay and display option etc), and that it has put me off wanting to go back for lunch/dinner?

Thanks in advance

Half_way

Forget the timings - did this happen?

1: Car entered car park - pub was closed and car left.

 2: Car re entered the car park some time later  and then left again

3: Apr cameras recorded this as one long visit

Redx

Many , many pub car parks have a private parking company operating to ensure that it's used by patrons only

The BPA CoP version 8 dated January 2020 details grace periods in clause 13 , so this time on site won't wash

I would say that it depends on why the vehicle was parked for over half an hour

If Parking Eye complied with POFA , then being unfair won't help

Beware of all private car parks in future

Half_way

Redx said:

Many , many pub car parks have a private parking company operating to ensure that it's used by patrons only

The BPA CoP version 8 dated January 2020 details grace periods in clause 13 , so this time on site won't wash

I would say that it depends on why the vehicle was parked for over half an hour

If Parking Eye complied with POFA , the being unfair won't help

Beware of all private car parks in future

I would disagree on the many pub car parks, Ive not encountered any - so far ( or knowingly encountered any) on my travels, might be a subconscious knack for avoiding PPC infested pub car parks when non PPC pub car parks are also within range

M03

Half_way said:

Forget the timings - did this happen?

1: Car entered car park - pub was closed and car left.

 2: Car re entered the car park some time later  and then left again

3: Apr cameras recorded this as one long visit

The car was in the car park and was occupied the whole time, waiting for someone else to arrive before alternative plans could be made, and then leaving. Had the car park had a warden, it would have been blindly obvious and the occupied car could have left sooner

Redx said:

Many , many pub car parks have a private parking company operating to ensure that it's used by patrons only

The BPA CoP version 8 dated January 2020 details grace periods in clause 13 , so this time on site won't wash

I would say that it depends on why the vehicle was parked for over half an hour

If Parking Eye complied with POFA , the being unfair won't help

Beware of all private car parks in future

Yes, I am familiar with the setup. However, not so with such a blanket rule, and especially for such a short time outside of opening hours. The car was only in the car park while waiting for someone else, before moving on. If the pub was open, I would have been inside instead. The pub was closed, the car park was empty, so I see no losses were made by anyone

tboo

M03 said:

Hi all,

I have received a Parking Eye PCN for a vehicle I am the registered keeper of. I've been reading the newbie post, lots to take in, but I am going to give appealing it a shot.

Firstly, it is for a 'patrons' only pub car park. The car was parked for 35 mins and was not left unoccupied. However, the photos show only the entry and exit. Before contacting the pub manager to try and get it cancelled, as suggested, I wanted to raise one point. The vehicle was in the car part several hours before opening, so I can't realistically be angry with the pub as they would just say that they were closed. The car park is sign posted etc, though I didn't realise it was camera controlled...

After realising the pub was closed, alternative arrangements were made to go elsewhere, so maybe I could mention that I am upset that I wished to go there for breakfast, only to find they were closed, and that getting a PCN for this isn't fair (car park was otherwise empty, no pay and display option etc), and that it has put me off wanting to go back for lunch/dinner?

Thanks in advance

BIB.

You saw that there were car park signs, but didn't look for the pub opening times?

and the car was parked for several hours before the pub opened, but they have deemed you there for 35 mins?

As you have said, give the appeal a go.

Redx

No loss died with the Barry Beavis case at the Supreme court in 2015

My point here is , what legal grounds do you have for contesting the NTK PCN to Parking Eye , to Popla , plus in court  ?  , because I do not see one that will fly in anything that you have written so far

Typical legal points are

POFA 2012 not complied with
No keeper liability
No Landowner authority
Poor and inadequate signage
The BPA CoP version 8
The CRA 2015

If you can get the pub landlord to cancel the PCN , then that is your best option , plan A

As for anyone not seeing any patrolled pub car parks , there are dozens or hundreds around the northwest , including greater Manchester , plus in Heysham , Morecambe , Blackpool etc , so in my experience they are everywhere Oop here in the north ! 😁😁

I have had to enter my VRM in at least half a dozen since the summer , including a Parking Eye car park at the lord Rothesay pub in Heysham twice last weekend , the iPad tablet was on the bar near the till !

Make no mistake , these patrolled car parks abound in big pub chains , especially gastro pubs like the airport pub at Ringway , the Griffin , Cheadle ( went there in August this year ), again near Manchester airport , almost every gastro pub in didsbury , Stockport etc , been to several in didsbury , including 2 parking eye ones !

It's extremely common up here , so no idea how anyone can disagree !

Many large pub chains use them !

Here is an ECP case , an alleged turn around on a pub car park !!

https://forums.moneysavingexpert.com/discussion/6312866/euro-car-parks-sent-to-old-address#latest

M03

tboo said:

BIB.

You saw that there were car park signs, but didn't look for the pub opening times?

and the car was parked for several hours before the pub opened, but they have deemed you there for 35 mins?

As you have said, give the appeal a go.

Sorry, thanks for the reply, let me clarify

I only checked for car park signs on google streetview after I had received the PCN in the post. To be honest, it hadn't crossed my mind to check parking signs, for a car that wasn't left unoccupied, in an off street car park

I did realise the pub was closed when I had arrived of course, but not in advance. I just assumed it was open for breakfast and it was located conveniently for me to meet someone there

The car was only in the car park for 35 mins, and that this was several hours before the pub opened

comeandgo

Why do you think an occupied car is different from an unoccupied one?

M03

Redx said:

My point here is , what legal grounds do you have for contesting the NTK PCN to Parking Eye , to Popla , plus in court  ?  , because I do not see one that will fly in anything that you have written so far

Hi, I must admit, I am not following. Are you suggesting that I should not appeal and pay? I was under the impressions that all private PCNs should be challenged?

Also, I very rarely drive to a pub, I walk, get public transport, or a taxi, so that I can drink

Redx

M03 said:

tboo said:

BIB.

You saw that there were car park signs, but didn't look for the pub opening times?

and the car was parked for several hours before the pub opened, but they have deemed you there for 35 mins?

As you have said, give the appeal a go.

Sorry, thanks for the reply, let me clarify

I only checked for car park signs on google streetview after I had received the PCN in the post. To be honest, it hadn't crossed my mind to check parking signs, for a car that wasn't left unoccupied, in an off street car park

The car was only in the car park for 35 mins, and that this was several hours before the pub opened

The BPA CoP version 8 Clause 13 allows a minimum of 5 minutes !  Look it up !

The vehicle was parked on private property , doesn't matter if it was occupied or not

IMHO you will lose unless you find a loophole or plan A works