Parking eye - help with appeal

Kevmanc

Hi any help would be much appreciated.
I received a pcn for overstay
Anpr picked up entry 13.05pm
And leaving 14.41pm
Paid for 1 hour.
After looking for payment machines I realised there wasn't any and can only pay via evology app (which i didn't have) so by the time I paid for parking it was 13.19pm the signage wasn't great. I returned to the car at 14.15 but by the time I got my 2 children (8 and 1) into the car and put things away (shopping and pram) i left at said time. I appealed to parking eye which was obviously rejected, and now have to appeal via Popla.

Kevmanc

Related documents (Image removed by Forum Team)

Car1980

I don't see what they are actually claiming for. That the car park costs £1.05p per minute?

I'd just ignore. POPLA aren't going to be much help because they'll see it as an overstay even though the PCN mentions no such thing.

Coupon-mad

Kevmanc said:

Related documents (Image removed by Forum Team)

Show the back.

And tell us the dates top right that you redacted.

You don't 'have' to do POPLA.

Nellymoser

You don't 'have' to do POPLA.

But you should do this.

Small group of MPs say this industry needs statutory regulation. Evidence proves voluntary measures and sector's recently introduced new code are still failing to protect and treat motorists fairly.

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Write to your MP ask them to support their fellow MPs action. It's easy with Poster Smoof's template letter, just copy/alter to suit and please sign petition 🙏

https://forums.moneysavingexpert.com/discussion/6583618/ive-written-to-my-mp

Kevmanc

Coupon-mad said:

Kevmanc said:

Related documents 

Show the back.

And tell us the dates top right that you redacted.

You don't 'have' to do POPLA.

Date is 14th December 2024

Kevmanc

Kevmanc said:

Coupon-mad said:

Kevmanc said:

Related documents 

Show the back.

And tell us the dates top right that you redacted.

You don't 'have' to do POPLA.

Date is 14th December 2024

Here is the back 

Kevmanc

Car1980 said:

I don't see what they are actually claiming for. That the car park costs £1.05p per minute?

I'd just ignore. POPLA aren't going to be much help because they'll see it as an overstay even though the PCN mentions no such thing.

It says an overstay as I paid for 1 hour, but it took 15mins or so to even pay for parking as it was app only, no machines in the carpark, also it was empty, there was 2 cars and I'd say 60 spaces, although there was no marked bays just stoney ground.

Gr1pr

It doesn't mention overstay,  you interpreted their long sentence into a single word 

Its actually an NTK PCN invoice,  issued due to insufficient payment for time on site,  or staying on site for longer than paid for , paid for 60 minutes from entry, on site for 96 minutes , whereas the grace period is 10 minutes,  so 70 minutes allowed before an extra topup would be due to cover the rest of the time on site 

That is why people need to study both sides of a pcn, sometimes half the information is on the rear,  especially with Parking Eye cases

Before going to popla , think about what you are going to write to counter the allegation,  not your interpretation 

You dont get a consideration period after entry,  plus 1 hour, plus a grace period to exit,  just the latter 2

Popla wont bother with mitigation,  popla will just consider if the pcn complies with POFA and was correctly issued or not,  a narrow remit,  plus if the keeper can be liable,  whereas a judge would consider the circumstances too

So what do you believe is a winning point at popla ? If any  ?

Kevmanc

Gr1pr said:

It doesn't mention overstay,  you interpreted their long sentence into a single word 

Its actually an NTK PCN invoice,  issued due to insufficient payment for time on site,  or staying on site for longer than paid for , paid for 60 minutes from entry, on site for 96 minutes , whereas the grace period is 10 minutes,  so 70 minutes allowed before an extra topup would be due to cover the rest of the time on site 

That is why people need to study both sides of a pcn, sometimes half the information is on the rear,  especially with Parking Eye cases

Before going to popla , think about what you are going to write to counter the allegation,  not your interpretation 

You dont get a consideration period after entry,  plus 1 hour, plus a grace period to exit,  just the latter 2

Popla wont bother with mitigation,  popla will just consider if the pcn complies with POFA and was correctly issued or not,  a narrow remit,  plus if the keeper can be liable,  whereas a judge would consider the circumstances too

So what do you believe is a winning point at popla ? If any  ?

Just that I lost 15 minutes due complications paying for parking. No machines, and had to download an app, which kept crashing and having to restart, this is why ticket started from 1.19pm 15mins after entry. What would your advise be? If I was able to use a machine to pay i would have only overstayed by 11 mins 

Gr1pr

Presumably you appealed to PE on the same basis as the driver and PE rejected the appeal 

If you appealed to popla on the same basis,  do you believe that your appeal would be successful   ?  And why   ?

Personally I don't believe that any appeal would be successful,  so i don't believe that you should appeal any further 

A judge in court may agree with your account,  but neither PE or Popla would do so,  not based on the information so far 

Dont get me wrong, you have my sympathy and it would probably take me as long too, but the time to pay ate into your 1 hour,  meaning that paying for 2 hours would have covered it  ( or 90 minutes if it was available ,   )