Parking Charge Notice

captainzorro

Parking eye have responded with the following:

"
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. These terms are clearly displayed on the signage located throughout the above car park. Parkingeye are a member of the British Parking Association and can confirm that there is adequate signage at this site that is visible, appropriately located and in line with the guidelines set out in the BPA Code of Practice.

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. If you wish to have your case independently assessed, please be advised, there is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed. See also www.popla.co.uk By law we are also required to inform you that Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the driver can appeal to POPLA (Parking on Private Land Appeals). As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence. If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, and the full value of the charge will be outstanding. If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and the remaining balance will be due. "



Is it worth going to POPLA for appeal?

B789

captainzorro said:

Is it worth going to POPLA for appeal?

Why not? It does no harm even if you are not successful. Have a look at the POPLA appeals sticky thread at the top of the forum and read what worked for some and didn't for others.

Your appeal may depend on which assessor you get. There are cases of identical appeals for different cars on the same day in the same car park with the same infringement that have had two different decisions. Just depends if you get someone with a legal background or the tea-boy.

Coupon-mad

You've read the NEWBIES thread POPLA section?

And COMPLETELY exhausted landowner complaint?

captainzorro

Thanks. I appealed to POPLA on Unclear signage at the site and Landowner's complaint.
Parking eye has added a response attaching contracts / letters of authority and attached pictures of Parking Tariffs ( pictures taken in the morning in 2020 !!) 

Also stating the below in response to my appeal:

There was no notice to clarify that ANPR cameras were used at the site. POPLA have asked if I need to add any comments, can do so in 7 days. please help if I need to add anything further.  There was also no information at the site on grace periods. could I add anything on this points? thank you.

Authority

We can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).

 

It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ourselves and the motorist will be enforceable by us as a party to that contract.

 

Additional Information

We ensure that all our signage is clear, ample, and in keeping with the British Parking Association (BPA) regulations. The signage at this site demonstrates adequate colour contrast between the text and the backgrounds advised in the BPA Code of Practice.

 

As the images show, the vehicle had its headlights on. This would have rendered the many signs in the car park visible.

 

The signage on site clearly sets out the terms and conditions and states that;

 

"By parking, waiting or otherwise remaining within this private car park, you agree to comply with the terms of the Parking Contract, including making payment as required and entering your vehicle registration details into the payment machines and/or terminals as directed."

 

“If you fail to comply with the terms of the Parking Contract, you will become liable to pay the sum specified in this notice (the “Parking Charge”)"

 

All signs that pertain to the general terms and conditions of parking contain text which explains that, “[…] by entering this private car park, you [each motorist] consent, for the purpose of car park management, to: the capturing of photographs of the vehicle and registration by the ANPR cameras […] and to the processing of this data […]”. In turn, consent is also provided so as to allow us to make a request for registered keeper from the DVLA “where the Parking Contract is not adhered to”. The wording used clearly details that the Parking Contract in question commences when the motorist “enters” the car park and that the data from the ANPR system will be used to enable us to take enforcement action against those who breach the parking terms and conditions in operation.

 

We operate a grace period on all sites, which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking. These grace periods are sufficient for this purpose and are fully compliant with the BPA code of practice.

 

The BPA Code of Practice Version 8 – January 2020 has provided clarity to both motorists and parking management companies regarding grace periods. Version 8, 13.1 states that parking operators must provide motorists a ‘consideration period’ before entering into the parking contract to allow motorists to consider the terms of the parking contract and leave the car park should they not wish to be bound by the terms & conditions. The amount of time in these instances will vary dependant on the size and type but it must be a minimum of 5 minutes. Once this time is overstayed the motorist is deemed to have accepted the terms & conditions and therefore bound by the terms & conditions of parking. 13.2 clearly states that once a parking event takes place, i.e. the terms & conditions of parking are breached, the consideration period discussed in 13.1 no longer applies.                                                                                                                                                                                                                                                                                   The grace period discussed in 13.3 refers to the time that parking operators must add to the end of a parking event before a Parking Charge Notice is issued, and the Code of Practice outlines this as a minimum of 10 minutes.                                                                                                                                                                                                                                                                                            13.4 also clarifies that unauthorised motorists will not be entitled to the minimum time period of 5 minutes for a consideration period in spaces designated for a specific users e.g. Blue Badge holders, pick up/drop off or where parking is prohibited such as hatched areas in front of emergency exits, or on entry and exit ramps etc. There is no grace period applicable in such areas discussed above.

 

Clause 13.1 of the current BPA Code of Practice, released on 6th January 2020, explains that a driver must have the chance to consider the Terms and Conditions of the car park before entering into a parking contract. If a driver decides not to stay and leaves the car park, a reasonable consideration period must be given before the driver can be bound by a parking contract. The amount of time in these instances will vary dependant on site size and type of car park, but the code states that it must be a minimum of 5 minutes.                                                                                                                                                                                                                                                                                                        Please note, a consideration period does not apply when a parking event has taken place. The BPA Code of Practice defines a parking event as a limited free stay period or when a driver pays for parking. In these instances, a motorist is given a reasonable grace period at the end of their parking event before a Parking Charge Notice is issued. The code states that this period must be a minimum of 10 minutes.

 

You have stated that you do not believe that the Parking Charge amount is a pre-estimation of loss, or that it is extravagant, unfair or unreasonable. In this regard, we rely upon the Supreme Court decision in the matter of ParkingEye v. Beavis [2015] UKSC 67, which was found in ParkingEye’s favour and concerned the value of our Parking Charges.

 

The Supreme Court considered the Defendant’s submissions that the Parking Charge should be considered to be penal and unfair, but the Justices supported the findings of the lower courts, where the charge was found to be neither ‘extravagant’ nor ‘unconscionable’.

 

In terms of the amount of the Parking Charge, this Judgment, along with the British Parking Association Code of Practice at paragraph 19.5, support the level of Charge issued by ParkingEye, and the Justices note that, “The charge is less than the maximum above which members of the BPA must justify their charges under their code of practice”.

 

Lord Hodge states that, “…local authority practice, the BPA guidance, and also the evidence that it is common practice in the United Kingdom to allow motorists to stay for two hours in such private car parks and then to impose a charge of £85, support the view that such a charge was not manifestly excessive […] the fact that motorists entering the car park were given ample warning of both the time limit of their licence and the amount of the charge also supports the view that the parking charge was not unconscionable.”

 

We submit that this Judgment provides clarity and delivers a binding precedent to support the position that our Parking Charges are fair, reasonable and legally enforceable.

 

As you are aware, we monitor Alfred Place, Leicester by the use of ANPR cameras and any motorist wishing to make use of the site must adhere to the terms and conditions displayed on the signage in situ. A parking contract is formed when the motorist enters the site, considers the terms and conditions on the signage, and chooses to remain. A Parking Charge will thereafter be issued should the terms and conditions of this parking contract be breached and it is our position that a motorist is bound by such a contract provided the terms were sufficiently brought to their attention.

 

It is our position that the signage in place on site at this location is sufficient for this purpose and that sight of the signs on site, even if their presence was a purported planning breach, would result in the motorist concluding that parking was subject to certain conditions. Motorists would also be placed on notice that breaching the same would reasonably result in enforcement action and we contend that the terms of any such enforcement action are clear.

 

The signage onsite is compliant with Section 22.1 of the BPA Code of Practice. See the attached file that clarifies how the data captured by the ANPR is used.

 

Please find enclosed document showing that on the date of the parking event we had authority to issue and pursue a Parking Charge to this vehicle.

 

Please note that insufficient evidence has been received to cancel the charge.

Coupon-mad

Grace periods don't have to be on signs.

You already know from the POPLA section in para 3 of the NEWBIES thread that you must provide comments, and what to look for and reiterate.