Southampton Town Quay - POPLA stage

DizzyR

I received a ticket at Town Quay as I overstayed the 15mins allowed for pickup by 5minutes. There is no charge for / ticket required for the 15mins pickup timme. I was there to pick up my wife, 2yo and 4yo who were on a Red Jet coming back from the island. The Red Jet was 3 to 4 mins late, they were last off due to her having two kids, push chair etc to lump off and then we were held up for one or two mins by buses / taxis leaving. As I'd literally thrown everything / everyone in the car and left straight away the 15mins limit didn't even cross my mind until a fine landed on my doorstep. It was just an accumulation of several things that took me past that 15mins. I contacted Red Funnel but they said they could do nothing to assist as the land isn't owned by them. 

I'm aware that Southampton Town Quay is not relevant land for the purpose of POFA so in my initial appeal this is all I've mentioned and I have received a letter back stating I'll have to go through POPLA. 

Has anyone got any pointers for raising a POPLA appeal for Parking eye. I've read the Newbies thread through several times but never seem to find a clear template for a POPLA appeal for a parkingeye issued charge notice. Is it in the post which starts SECOND STAGE APPEAL - POPLA OR IAS ?  I think I need to take from various sections to create an appeal? Also as I never actually bought a ticket as my plan was to pick up and leave, which I did albeit 5mins late it appears, should I just roll over on this one or not?

Thank you to those who take the time to reply.

   

Le_Kirk

Search the forum for Southampton Town Quay, it has featured quite a lot recently and you won't be the first poster to want to write a POPLA appeal.  When you put Southampton Town Quay in the search box, click on "Discussions" and then change the "Sort By" to "Newest"

DizzyR

Thanks Le-Kirk, off to search.

DizzyR

I've not found anything that's happened recently that matches my specific circumstances. I have read several POPLA appeals and I'm trying to piece together what I need for my own. 

My specifics are:

I've not received a 'golden ticket' NTK

I believe Town Quay is non relevant land for the purpose of POFA. I have only confirmed being the registered keeper as stated to on here. 

I intended to use the 15minute free parking. This is in a marked area and the only indication of it is a painted sign on the ground stating 'Waiting zone 15 minutes'. I don't recall seeing any mention of the free 15mins on a sign, I can visit and check, I'll do that on bicycle! As I never purchased a parking ticket I'm unsure what that means with regards to entering into a contract? 

In my NTK it states I was 5mins over the 15mins allowed. I've been reading about BPA grace periods section 13.3. Due to not knowing whether I had entered into a contract I assume I only get 10mins grace period for leaving, which I have not been given.


In my POPLA appeal I intend to put sections on:

(1) Brief: Ferry being a few minutes late and hold-ups on leaving in the car park resulting in me leaving 5minutes over the 15minutes allowed. 

(2) Town Quay being subject to byelaws etc thus non relevant land for the purpose of POFA.

(3) BPA Grace period

(4) Initial appeal sent on 29/07/2022, did not receive rejection until 22/08/2022. If I've read correctly I should have a response within 14 days?  If ParkingEye are aware of the 14days they don't seem to care as in the confirmation email of my first appeal it states a reply could take up to 28 days. 

Am I missing anything else? I've read something about using POPLA assessors wording around ECP signs having the £100 in too small a font but looking on Google streetview the £100 seems to stick out to me. I'm unsure on the font size specifics however. 

This is stress I could do without right now, things in life all seem to be happening at once for me at the moment (like busses), hence the 'do I just roll over or not?' comment I made earlier. 

DizzyR

Edits to the above:

Think I've misunderstood the BPA grace period. I found an this extract from an appeal which covers what I think I need to say? 

The BPA Code of Practice (13.4) clearly states that the Grace Period to leave the car park should be a minimum of 10 minutes. Whilst 13.4 does not apply in this case (it should be made clear - a contract was never entered in to), it is reasonable to suggest that the minimum of 10 minutes grace period stipulated in 13.4 is also a “reasonable grace period” to apply to 13.1 and 13.2 of the BPA’s Code of Practice.

I think I've misunderstood the 14 days period in which I must get a response. I think if PE acknowledged my initial appeal straight away they then have a further 35 days to answer fully. Is that correct? as per BPA section 22.8. So I don't think I can mention this part in my appeal. 

If I find nothing on any sign reference the 15min waiting period I assume I can add in information about unclear signage? 

Umkomaas

I've not received a 'golden ticket' NTK

Does the reverse side of the Notice to Keeper have a paragraph headed 'Protection of Freedoms Act 2012'?

Coupon-mad

"resulting in me leaving"

...obviously you WON'T use that phrase.

1505grandad

You should be using/quoting from BPA CoP version 8 dated January 2020 from which you will find paras/wording are different to this in your post:-

"The BPA Code of Practice (13.4) clearly states that the Grace Period to leave the car park should be a minimum of 10 minutes. Whilst 13.4 does not apply in this case (it should be made clear - a contract was never entered in to), it is reasonable to suggest that the minimum of 10 minutes grace period stipulated in 13.4 is also a “reasonable grace period” to apply to 13.1 and 13.2 of the BPA’s Code of Practice."

DizzyR

My copy paste of the grace period is from someone else's appeal who was in the same situation as I where a contract was never entered as a ticket wasn't purchased. That is correct isn't it? I'm unsure how it works on the contract front when using the 15minutes free waiting area? I have a copy of the BPA cop which I can copy from too.

Thanks for highlighting the wording error Coupon.

Umkomaas

@DizzyR - as you are up and about - any chance of a reply to my question from yesterday at 3:30pm?

1505grandad

"My copy paste of the grace period is from someone else's appeal who was in the same situation as I where a contract was never entered as a ticket wasn't purchased."

Perhaps the c & p appeal related to a parking event before January 2020  -  the CoP in force at the time of the parking event is obviously applicable to the ppc.