Advice on non-retail carpark please?

dellaclearing

Coupon-mad said:

The figure of £100 is also outrageously disproportionate to the cost to the Landowner and

Remove the above sentence, and it's not a fine.  Change that word.

Bring the request for the byelaws and the supposed 'grace period' their agent is meant to allow to their attention by making it a separate paragraph and giving them 14 days to supply this information.

Dear Sir/Madam,

I'm writing as the keeper of vehicle XXXXXXX to complain in reference to a Parking Charge Notice issued by ParkingEye for parking on Associated British Ports, Plymouth Car Park.

Date of offence: XXXXXX
PCN Reference number: XXXXXXXXXXXXXXX

The document shows dark camera stills of vehicle XXXXXXX arriving at the Associated British Ports, Plymouth Car Park and then leaving 5 minutes later. For this, the sum of £100 has been requested from the registered keeper.

The British Parking Association's Code of Practise, Clause 13.1 states:
The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

Despite the fact that, even according to the BPA's own terms, no offence has ocurred, it is utterly ridiculous to see a PCN issued for 5 minutes. I'm writing to ask that you please step in immediately and have this ticket cancelled as it is within your power to do so.

Please also clarify the permitted Grace Period your agent should be allowing on this particular site, and advise also if the car park named above is within the Port Byelaws area? I request that you please send me a copy of those Byelaws within 14 days of this email.

Yours sincerely,
Mr Blah blah blah.

__________

Is this better?

Coupon-mad

Perfect! 

dellaclearing

Thank you again @Coupon-mad
One last question before I send this off, do I need to include/attach a scan of the ticket or wait for them to reply asking for it?

Thanks!!

Coupon-mad

Of course, otherwise how will they have the PCN ref & details to ask PEye to cancel it?

UncleThomasCobley

dellaclearing said:

Date of offence: XXXXXX

PCN Reference number: XXXXXXXXXXXXXXX

Please don't ever call these events an "offence". No offence has occurred and you should re-title that line:

Date of alleged contravention:

dellaclearing

Coupon-mad said:

Of course, otherwise how will they have the PCN ref & details to ask PEye to cancel it?

I'd included the PCN reference number in the email but you're right...
As I had to send it to quite a few email addresses (being unsure exactly which address was the correct one I needed) I thought it best to wait with the actual document until someone replied... Which they now have... See below...

UncleThomasCobley said:

Please don't ever call these events an "offence". No offence has occurred and you should re-title that line

Thank you for your input Mr Cobley. I actually caught that myself just before sending the email, I noticed that on the letter from ParkingEye they refer to it as the Date of Event, so that's what I changed mine to also.

dellaclearing

Reply received...
____________

Good morning, all parking appeals should be directed to Parking eye in the first instance. The letter will explain how to do this.

Many thanks

____________

Doesn't help me much.

They've also neglected to answer the questions raised regarding the grace period or Byelaws.

Coupon-mad

Then ask them again.

dellaclearing

Dear Mr XXXXXXXXXX

Thank you very much for your reply.

I know that an appeal can be made to ParkingEye, but this will take a very long time and will be an enormous headache. ParkingEye aren't interested in the details, they'll just reject the initial appeal, jump through multiple hoops, sending letters etc and in the end likely end up in court over their unfair charge...

Or as a gesture of goodwill, a ticket can also be cancelled entirely at the request of the landowner with just a quick email or phonecall.

This is what we're please asking for? The headache and time it will take to appeal this, and for only a 5 minute stay, will be enormous by comparison.

I'm attaching a copy of the PCN sent to the keeper from ParkingEye should you, or anyone else please be willing to help out with this request?

Please can you also answer my questions regarding the grace period your agent should allow for this site? Or if the Associated British Ports, Plymouth car park is within the Byelaw areas? This information is essential in order to proceed so please can you send a copy of those byelaws?

Thank you in advance,

Yours sincerely,
Blah Blah Blah.

dellaclearing

Response received:

Good afternoon Mr Blah Blah Blah. Parking eye act as our agent and are therefore who to appeal to. 5 Minutes is the current Grace period for this specific car park which is a Patrons only car park.

We won’t be sharing our bye laws as they are not relevant in this instance.

Many thanks, Mr XXXXXXXXXX